| Duties  collected from the buyer to be deposited with the Central Government. 2[SECTION  28B. (1)  Notwithstanding anything to the contrary contained in any order or direction  of the Appellate Tribunal, 1[National Tax Tribunal] or any Court  or in any other provision of this Act or the regulations made thereunder, 3[every  person who is liable to pay duty under this Act and has collected any amount in  excess of the duty assessed or determined or paid on any goods under this Act  from the buyer of such goods] in any manner as representing duty of  customs, shall forthwith pay the amount so collected to the credit of the  Central Government.
 4[  (1A)   Every person who has collected any amount in excess of the duty  assessed or determined or paid on any goods or has collected any amount as  representing duty of customs on any goods which are wholly exempt or are  chargeable to nil rate of duty from any person in any manner, shall forthwith  pay the amount so collected to the credit of the Central Government.]
 
 5[(2)   Where any amount is required to be paid to the credit of the Central Government  under 6[sub-section (1) or sub-section (1A), as the case may  be,] and which has not been so paid, the proper officer may serve on the person  liable to pay such amount, a notice requiring him to show cause why he should  not pay the amount, as specified in the notice to the credit of the Central  Government.]
 
 7[(3)   The proper officer shall, after considering the representation, if any, made by  the person on whom the notice is served under sub-section (2), determine the  amount due from such person (not being in excess of the amount specified in the  notice) and thereupon such person shall pay the amount so determined.]
 
 7[(4)    The amount paid to the credit of the Central Government under 8[sub-section  (1) or sub-section (1A) or sub-section (3) as the case may be,] shall be  adjusted against the duty payable by the person on finalisation of assessment or  any other proceeding for determination of the duty relating to the goods  referred to in 9[sub-section (1) or sub-section (1A).]]
 
 10[(5)    Where any surplus is left after the adjustment made under sub-section (4),  the amount of such surplus shall either be credited to the Fund or, as the case  may be, refunded to the person who has borne the incidence of such amount, in  accordance with the provisions of section 27 and such person may make an  application under that section in such cases within six months from the date of  the public notice to be issued by the Assistant Commissioner of Customs for the  refund of such surplus amount.]
 Note  :- 1.Inserted  by Act 49 of 2005, section 30 and Schedule, Part VI- 2 (w.e.f. 28-12-2005). 2.  Inserted by Act 40 of 1991, section 12 ( w.e.f. 20-9-1991). 3.  Substituted by Act 10 of 2000, section 82(a) ( w.r.e.f. 20-9-1991) 4.  Inserted by Act 18 of 2008, section 68(i) ( w.e.f. 10-5-2008). 5.  Substituted by Act 10 of 2000, section 82(b) for sub-section (2)(w.r.e.f.  20-9-1991). 6.  Substituted by Act 18 of 2008, section 68(ii), for sub-section (1) ( w.e.f.  10-5-2008). 7.  Substituted by Act 10 of 2000, section 82(b) for sub-section (2)(w.r.e.f.  20-9-1991). 8.  Substituted by Act 18 of 2008, section 68(iii)(a), for “sub-section (1) ör  sub-section(3)” (w.e.f. 10-5-2008). 9.  Substituted by Act 18 of 2008, section 68(iii)(b), for “sub-section  (1)”(w.e.f. 10-5-2008). 10.  Substituted by Act 10 of 2000, section 82(b) for sub-section (2)(w.r.e.f.  20-9-1991). |