Seizure of Goods

Description: This quiz covers the topic of Seizure of Goods under the Central Excise Law in India. It aims to assess your understanding of the legal provisions, procedures, and consequences related to the seizure of goods by excise authorities.
Number of Questions: 15
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Tags: central excise law seizure of goods excise authorities legal provisions procedures consequences
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Under which Act is the seizure of goods governed in India?

  1. Central Excise Act, 1944

  2. Customs Act, 1962

  3. Income Tax Act, 1961

  4. Goods and Services Tax Act, 2017


Correct Option: A
Explanation:

The seizure of goods in India is primarily governed by the provisions of the Central Excise Act, 1944.

What are the grounds for seizure of goods under the Central Excise Act?

  1. Non-payment of excise duty

  2. Misdeclaration of goods

  3. Unauthorised removal of goods from a warehouse

  4. All of the above


Correct Option: D
Explanation:

The Central Excise Act provides for the seizure of goods in various circumstances, including non-payment of excise duty, misdeclaration of goods, and unauthorised removal of goods from a warehouse.

Who is authorised to seize goods under the Central Excise Act?

  1. Excise Inspectors

  2. Superintendents of Central Excise

  3. Collectors of Central Excise

  4. All of the above


Correct Option: D
Explanation:

The Central Excise Act empowers Excise Inspectors, Superintendents of Central Excise, and Collectors of Central Excise to seize goods in accordance with the provisions of the Act.

What is the procedure for seizure of goods under the Central Excise Act?

  1. Issuance of a seizure notice

  2. Preparation of a seizure memo

  3. Deposit of seized goods in a warehouse

  4. All of the above


Correct Option: D
Explanation:

The seizure of goods under the Central Excise Act involves a specific procedure, including the issuance of a seizure notice, preparation of a seizure memo, and deposit of seized goods in a warehouse.

What are the rights of the owner of seized goods under the Central Excise Act?

  1. Right to file an appeal

  2. Right to seek release of goods on bail

  3. Right to legal representation

  4. All of the above


Correct Option: D
Explanation:

The owner of seized goods has certain rights under the Central Excise Act, including the right to file an appeal, seek release of goods on bail, and obtain legal representation.

What are the consequences of seizure of goods under the Central Excise Act?

  1. Confiscation of goods

  2. Imposition of penalties

  3. Both confiscation and penalties

  4. None of the above


Correct Option: C
Explanation:

The seizure of goods under the Central Excise Act may result in both confiscation of goods and imposition of penalties, depending on the circumstances of the case.

What is the time limit for filing an appeal against the seizure of goods under the Central Excise Act?

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: C
Explanation:

The owner of seized goods has a period of 90 days from the date of seizure to file an appeal against the seizure.

Which authority is responsible for adjudicating appeals against the seizure of goods under the Central Excise Act?

  1. Commissioner of Central Excise

  2. Central Excise Appellate Tribunal

  3. High Court

  4. Supreme Court


Correct Option: A
Explanation:

The Commissioner of Central Excise is responsible for adjudicating appeals against the seizure of goods under the Central Excise Act.

What is the procedure for release of seized goods on bail under the Central Excise Act?

  1. Filing an application with the adjudicating authority

  2. Furnishing security

  3. Both filing an application and furnishing security

  4. None of the above


Correct Option: C
Explanation:

To obtain the release of seized goods on bail, the owner must file an application with the adjudicating authority and furnish security as prescribed under the Central Excise Act.

What is the purpose of furnishing security for the release of seized goods on bail under the Central Excise Act?

  1. To ensure payment of duty and penalties

  2. To prevent the goods from being tampered with

  3. To ensure the appearance of the owner at the hearing

  4. All of the above


Correct Option: D
Explanation:

The purpose of furnishing security for the release of seized goods on bail is to ensure payment of duty and penalties, prevent the goods from being tampered with, and ensure the appearance of the owner at the hearing.

Can the owner of seized goods challenge the order of confiscation passed by the adjudicating authority under the Central Excise Act?

  1. Yes, by filing an appeal

  2. Yes, by filing a writ petition

  3. Yes, by both filing an appeal and a writ petition

  4. No, the order is final


Correct Option: C
Explanation:

The owner of seized goods can challenge the order of confiscation passed by the adjudicating authority by filing an appeal before the Commissioner (Appeals) or by filing a writ petition before the High Court.

What is the limitation period for filing an appeal against an order of confiscation passed by the adjudicating authority under the Central Excise Act?

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: C
Explanation:

The limitation period for filing an appeal against an order of confiscation passed by the adjudicating authority under the Central Excise Act is 90 days from the date of receipt of the order.

Which court has the jurisdiction to hear a writ petition challenging an order of confiscation passed by the adjudicating authority under the Central Excise Act?

  1. District Court

  2. High Court

  3. Supreme Court

  4. None of the above


Correct Option: B
Explanation:

The High Court has the jurisdiction to hear a writ petition challenging an order of confiscation passed by the adjudicating authority under the Central Excise Act.

What is the consequence of non-payment of duty and penalties within the specified period after the seizure of goods under the Central Excise Act?

  1. Confiscation of goods

  2. Imposition of additional penalties

  3. Both confiscation and additional penalties

  4. None of the above


Correct Option: C
Explanation:

Non-payment of duty and penalties within the specified period after the seizure of goods under the Central Excise Act can result in both confiscation of goods and imposition of additional penalties.

What is the procedure for disposal of confiscated goods under the Central Excise Act?

  1. Auction

  2. Destruction

  3. Donation to charitable institutions

  4. All of the above


Correct Option: D
Explanation:

Confiscated goods under the Central Excise Act can be disposed of through auction, destruction, or donation to charitable institutions, depending on the nature of the goods and the circumstances of the case.

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