CUSTOMS Notification No 47 of 2017 dt 30th June, 2017

Posted on 19 April 2023     Category : Notifications

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Provided that the Assistant Commissioner of Customs/ Deputy Commissioner of Customs is satisfied that-

 

(a)    the goods other than those exported under Duty Exemption Scheme(DEEC/Advance Authorisation/DFIA) or Export Promotion Capital Goods Scheme(EPCG) or Duty Entitlement Passbook Scheme (DEPB) or any reward scheme of Chapter 3 of Foreign Trade Policy are re-imported within three years after their exportation or within such extended period, not exceeding two years, as the Principal Commissioner of Customs or Commissioner of Customs as the case may be, on sufficient cause being shown for the delay may be allowed.

 

(b)    in the case of goods exported under the Duty Exemption Scheme(DEEC/Advance Authorisation/DFIA) or Export Promotion Capital Goods Scheme(EPCG) or Duty Entitlement Passbook Scheme (DEPB) or any reward scheme of Chapter 3 of Foreign Trade Policy, re-importation of such goods takes place within one year of exportation or such extended period not exceeding one more year as the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, on sufficient cause being shown for the delay may allowed;

(c)    the goods are the same which were exported:

 

Provided further that nothing contained in this notification shall apply to re-imported goods which had been exported -

 

(a)  by a hundred per cent export-oriented undertaking or a unit in a Free Trade Zone as defined under section 3 of the Central Excise Act, 1944 (1 of 1944);

 

(b)  from a public warehouse or a private warehouse appointed or licensed, as the case may be, under section 57 or section 58 of the Customs Act, 1962 (52 of 1962).

 

  1. This notification shall come into force with effect from the 1st day of July, 2017.

 

Explanation. - For the purposes of this notification,-

 

(a)    the goods shall not be deemed to be the same if these are re-imported after being subjected to re-manufacturing or reprocessing through melting, recycling or recasting abroad;

 

(b)    'Foreign Trade Policy' means Foreign Trade Policy, 2015 - 2020 notified by the Government of India in the Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification No. 01/2015-2020, dated the 1st April, 2015.

 

 

 

(F. No. 354/119/2017-TRU)

 

 

(Ruchi Bisht)

Under Secretary to the Government of India

 

 

 

Notification no 47/2017 Customs date on 30th June, 2017

 

 

The extract of CUSTOMS Notification No. 47/2017- CUSTOMS is given below:

 

Notification No. 47/2017-CUSTOMS

 

 

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

 

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

 

Notification No. 47/2017 – Customs

 

New Delhi, the 30th June, 2017

 

 

 

 

G.S.R. (E).-In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the goods falling within the Fourth Schedule to the Central Excise Act, 1944 (1of 1944) and specified in column (2) of the Table below, when re- imported into India, from so much of the duty of customs leviable thereon which is specified in the First Schedule of the Customs Tariff Act, 1975 (51 of 1975) and the whole of the additional duty leviable thereon under sub-sections (1), (3), and (5) of section 3 of the said Customs Tariff Act, as is in excess of the amount indicated in the corresponding entry in column (3) of the said Table.

 

 

 

 

Table

 

 

 

Sl.No.

Description of goods

Conditions

(1)

 

(2)

(3)

1

Goods

exported

-

 

(a)         under   claim   for   amount  of  drawback  of  customs  or  excise  duties

 

drawback of any customs

allowed at the time of export;

 

or excise duties levied by

 

 

 

the Union

 

 

 

 

 

 

 

 

(b)   under

claim   for

amount of excise duty leviable by State at the time and

drawback  of

any  excise

place of importation of the goods. allowed at the time

duty levied by a State

of export;

 

 

 

 

(c) under claim for rebate

amount of rebate of Central Excise duty,

of Central excise duty

availed at the time of export;

 

 

 

 

 

(d)  under

bond  without

amount of Central Excise duty not paid;

 

payment

of

Central

 

Excise duty

 

 

 

 

 

 

amount of excise duty leviable at the time and place of

(e)

under duty exemption

 

scheme (DEEC/ Advance

 

importation of  goods and subject  to the following

Authorisation/

DFIA)  or

 

conditions applicable for such goods -

Export Promotion Capital

 

(i) DEEC book has not been finally closed and export

Goods Scheme (EPCG)

 

in question is delogged from DEEC Book; Advance
             

 

 

 

 

Authorisation/DFIA has not been redeemed and the

 

 

 

authorization holder has not been discharged from the

 

 

 

 

 

export

obligation

by

 

DGFT;

 

 

 

(ii) in case of EPCG scheme the period of full export

 

 

 

performance   has   not   expired   and   necessary

 

 

 

endorsements regarding reimport have been made;

 

 

 

(iii)  the  importer  had  intimated  the  details  of  the

 

 

 

consignment

re-imported

to

the

Assistant

 

 

 

Commissioner of Customs or Deputy Commissioner

 

 

 

of Customs in charge of the factory where the goods

 

 

 

were manufactured or the premises from where the

 

 

 

goods were supplied and to the licensing authority

 

 

 

regarding the fact of re-importation and produces a

 

 

 

dated acknowledgement of such intimation at the time

 

 

 

of

clearance

of

 

goods;

 

 

 

(iv) The manufacturer- exporters may be permitted

 

 

 

clearance of such goods without payment of Central

 

 

 

Excise duty or integrated tax and compensation cess

 

 

 

under transit bond to be executed with the Customs

 

 

 

authorities at the port of importation, such bond will

 

 

 

be cancelled on the production of certificate issued by

 

 

 

the jurisdictional Customs authority about receipt of

 

 

 

re-imported goods into their factory or the premises

 

 

 

from where the goods were supplied.

 

 

 

 

 

 

 

 

 

 

2

 

Goods other than those

Nil :

 

 

 

 

 

 

falling under Sl. No. 1

 

 

 

 


Comments


Prasun: On 07 July 2022 In the light of notification 47/2017 integrated tax (rate) as ammende vide 10/2018 igst (rate), is direct import of goods by public funded research institute/ IITs are exempt from get or @ 5% while availing benifit of notification 51/96-cus.

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