Section 11DDA of The Central Excise Act, 1944 View Chapter 2

Provisional attachment to protect revenue in certain cases.


   1[11DDA.  Provisional attachment to protect revenue in certain cases.-- (1)  Where, during the pendency of any proceedings under Section 11A or Section 11D, the Central Excise Officer is of the opinion that for the purpose of protecting the interests of revenue, it is necessary so to do, he may, with the previous approval of the 2[Principal Commissioner of Central Excise or Commissioner of Central Excise], by order in writing, attach provisionally any property belonging to the person on whom notice is served under 3[*  *  *] Section 11A or sub-section (2) of Section 11D, as the case may be, in accordance with the rules made in this behalf under Section 142 of the Customs Act, 1962 (52 of 1962).

   (2)  Every such provisional attachment shall cease to have effect after the expiry of a period of six months from the date of the order made under sub-section (1):

   Provided that the 4[Principal Chief Commissioner of Central Excise or Chief Commissioner of Central Excise] may, for reasons to be recorded in writing, extend the aforesaid period by such further period or periods as he thinks fit, so, however, that the total period of extension shall not in any case exceed two years:

   Provided further that where an application for settlement of case under Section 32-E is made to the Settlement Commission, the period commencing from the date on which such application is made and ending with the date on which an order under sub-section (1) of Section 32-F is made shall be excluded from the period specified in the preceding proviso.]

1Ins. by Act 29 of 2006, s. 36.

2Subs. by Act 25 of 2014, s. 95, for "Commissioner of Central Excise".

3The words "sub-section (1) of" omitted by Act 17 of 2013, s. 92.

4Subs. by Act 25 of 2014, s. 95, for "Chief Commissioner of Central Excise".