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Difference between rule and section in central exise

Mahesh Salunke (Trainee) (50 Points)

10 October 2013

Respected Sir

What is the difference between Rule and Section in Central Excise ?

Please Guide

Thanks in advance

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2 Replies

Pawan Mittal (CA Final) (711 Points)
Replied 12 October 2013

Dear Mahesh In India, different types of Acts have been framed to regulate a particular type of tax/duty.

e.g. Income Tax is governed by Income Tax Law. Income Tax law contains Income tax Act, 1961 as well as Income Tax rules. For Income Tax the relevance of Rules is very less as Income Tax Act itself is very wide and contains most of the part. Income Tax rules are also there for procedural part. As Rule 12(2) is there for tax audit.

Excise duty is governed by Central Excise Law. Now Central Excise law contains:

(a) Central Excise Act, 1944

(b) Central Excise Rules, 2002

(d) Central Excise (Appeal) Rules, 2001

(e)Central Excise (Advance Rulings) Rules, 2002.

(f) Central Excise (Settlement of Cases) Rules, 2007.

(g) Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture ofExcisable Goods) Rules, 2001

(h) Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000

(i)Central Excise (Compounding of Offences) Rules 2005

(j) Central Excise (Determination of Retails Sale price of Excisable Goods) Rules 2008

(i) Central Excise Tariff Act, 1985

In Central Excise Law the Central Excise Act is very small and does not contain everything. Therefore there are rules for every segment.