Section 4   [ View Judgements ]

Payment of duty of excise

(1) The duty of excise levied under section 3 on any feature film shall be payable to the Central Government by the producer of such film on or before the date on which he makes an application for a certificate in respect of such film under section 4 of the Cinematograph Act, 1952 (37 of 1952);

Provided that the producer of such film may apply to the Central Government for the refund of the duty paid by him in respect of such film on the ground:-

(a) that an order refusing to grant any certificate in respect of such film has been made under section 4, read with section 5A, of the Cinematograph Act, 1952 (37 of 1952); and

(b) that he does not intend to appeal against, or seek revision of, such order, or, as the case may be, that the said order has been confirmed on appeal or revision under the said Act:

Provided further that in case any certificate is granted under the said Act in respect of any film after the refund under the preceding proviso of the duty paid in respect thereof, the producer shall be liable to repay, within a period of seven days from the date of grant of such certificate, to the Central Government the duty so refunded.

(2) Simple interest shall be payable at the rate of twelve per cent per annum:-

(a) by the Central Government on the amount of duty in relation to any film refunded by it under the first proviso to sub-section (1), from the date of the payment of such duty till the date of such refund;

(b) by the producer of a film on any amount of duty refunded to him under the first proviso to sub-section (1) and repaid by him to Central Government under the second proviso to that sub-section, from the date of such refund to the date of such repayment.

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