Section 174. Repeal
and saving.-
(1) Save as otherwise
provided in this Act, on and from the date of commencement of this Act, the
Central Excise Act, 1944 (1 of 1944) (except as respects goods included in
entry 84 of the Union List of the Seventh Schedule to the Constitution), the
Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), the
Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of
1957), the Additional Duties of Excise (Textiles and Textile Articles) Act,
1978 (40 of 1978), and the Central Excise Tariff Act, 1985 (5 of 1986)
(hereafter referred to as the repealed Acts) are hereby repealed.
(2) The repeal of the
said Acts and the amendment of the Finance Act, 1994 (hereafter referred to as
"such amendment" or "amended Act" , as the case may be) to
the extent mentioned in the sub-section (1) or section 173 shall not-
(a) revive anything
not in force or existing at the time of such amendment or repeal; or
(b) affect the
previous operation of the amended Act or repealed Acts and orders or anything
duly done or suffered thereunder; or
(c) affect any right,
privilege, obligation, or liability acquired, accrued or incurred under the
amended Act or repealed Acts or orders under such repealed or amended Acts:
Provided that any tax
exemption granted as an incentive against investment through a notification
shall not continue as privilege if the said notification is rescinded on or
after the appointed day; or
(d) affect any duty,
tax, surcharge, fine, penalty, interest as are due or may become due or any
forfeiture or punishment incurred or inflicted in respect of any offence or
violation committed against the provisions of the amended Act or repealed Acts;
or
(e) affect any
investigation, inquiry, verification (including scrutiny and audit), assessment
proceedings, adjudication and any other legal proceedings or recovery of
arrears or remedy in respect of any such duty, tax, surcharge, penalty, fine,
interest, right, privilege, obligation, liability, forfeiture or punishment, as
aforesaid, and any such investigation, inquiry, verification (including
scrutiny and audit), assessment proceedings, adjudication and other legal
proceedings or recovery of arrears or remedy may be instituted, continued or
enforced, and any such tax, surcharge, penalty, fine, interest, forfeiture or
punishment may be levied or imposed as if these Acts had not been so amended or
repealed;
(f) affect any
proceedings including that relating to an appeal, review or reference,
instituted before on, or after the appointed day under the said amended Act or
repealed Acts and such proceedings shall be continued under the said amended
Act or repealed Acts as if this Act had not come into force and the said Acts
had not been amended or repealed.
(3) The mention of
the particular matters referred to in sub-sections (1) and (2) shall not be
held to prejudice or affect the general application of section 6 of the General
Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.
