Notification no 72/2017 Customs date on 16th August, 2017
Seeks to supersede Notification No. 27/2002- Customs dated 1st March, 2002 and to provide exemption to temporary import of goods from Customs duty leviable under First Schedule to the Customs Tariff Act, 1975 and from the whole of the integrated tax leviable under sub-section (7) of section 3 of the Customs Tariff Act, 1975 subject to specified conditions.
The extract of CUSTOMS Notification No. 72/2017- CUSTOMS is given below:
Notification No. 72/2017-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. 72/2017 – Customs
New Delhi, the 16th August, 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), and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.27/2002 – Customs dated the 1st March, 2002 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 124(E), dated the 1st March, 2002 except as respects things done or omitted to be done before such supersession, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods of the description specified in column (1) of the Table annexed hereto, from the payment of so much of the customs duty leviable thereon under First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as specified in column (3) of the said Table and from the whole of the integrated tax leviable thereon under sub-section (7) of section 3 of the Customs Tariff Act, 1975 subject to the limitations and conditions specified in column (2) thereof, namely: -
TABLE
Description of
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Limitations and conditions
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Extent of exemption
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goods
|
|
|
|
|
|
|
|
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(1)
|
|
|
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(2)
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|
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(3)
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Machinery,
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(1) the goods have been taken on lease by
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In the case of-
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equipment
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or
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the importer for use after import;
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(i) goods which are re-exported within
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tools,
|
|
falling
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(2) the importer makes a declaration at
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three months of the date of import, so
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under Chapters
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the time of import that the goods are
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much of the duty of customs as is in
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84, 85,
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90
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or
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being
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imported
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temporarily for
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excess of the amount calculated at the
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any
|
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other
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execution of a contract;
|
|
rate of five per cent.;
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Chapter
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of
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the
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(3) the
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import
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of
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such
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machinery,
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(ii) goods which are re-exported after three
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First
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Schedule
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equipment or tools is covered under
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months, but within six months, of the
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to the Customs
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item (b) of clause 1 or item (f) of
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date of import, so much of the duty of
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Tariff
|
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Act,
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clause 5 of Schedule II of the Central
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customs as is in excess of the amount
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1975
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(51
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of
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Goods and Services Act, 2017;
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calculated at the rate of fifteen per
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1975).
|
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(4) the said goods are re-exported within
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cent.;
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|
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three months of the date of such
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(iii)goods which are re-exported after six
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import or within such extended period
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months, but within nine months, of the
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not exceeding 18 months from the
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date of import, so much of the duty of
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date of said import, as the Assistant
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customs as is in excess of the amount
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|
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Commissioner of Customs or the
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calculated at the rate of twenty-five per
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|
|
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Deputy Commissioner of Customs, as
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cent.;
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|
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the case may be, may allow;
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(iv) goods which are re-exported after nine
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|
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(5) where the Assistant Commissioner of
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months, but within twelve months, of
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|
|
|
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Customs
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or
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the
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Deputy
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the date of import, so much of the duty
|
|
|
|
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Commissioner of Customs, as the
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of customs as is in excess of the
|
|
|
|
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case may be, grants extension of the
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amount calculated at the rate of thirty
|
|
aforesaid period for re-export, the
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per cent.;
|
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importer shall pay the difference
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(v) goods which are re-exported after
|
|
between the duty payable under the
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twelve months, but within fifteen
|
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relevant clause in column (3) and the
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months, of the date of import, so much
|
|
duty already paid at the time of their
|
of the duty of customs as is in excess
|
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import;
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of the amount calculated at the rate of
|
|
(6) the importer executes a bond, with a
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thirty-five per cent.;
|
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bank guarantee, undertaking–
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(vi) goods which are re-exported after
|
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(a) to pay integrated tax leviable
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fifteen months, but within eighteen
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under sub-section (1) of section 5 of
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months, of the date of import, so much
|
|
the Integrated Goods and Services
|
of the duty of customs as is in excess
|
|
Act, 2017 on supply of service
|
of the amount calculated at the rate of
|
|
covered by items 1(b) or 5(f) of
|
forty per cent.,
|
|
Schedule II of the Central Goods and
|
of the aggregate of the duties of customs,
|
|
Services Act, 2017;
|
which would be leviable under the
|
|
(b) to re-export the said goods within
|
Customs Act, 1962 read with any
|
|
three months of the date of import or
|
notification for the time being in force in
|
|
within the aforesaid extended period;
|
respect of the duty so chargeable.
|
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(c) to produce the goods before the
|
|
|
Assistant Commissioner of Customs
|
|
|
or the Deputy Commissioner of
|
|
|
Customs for identification before re-
|
|
|
export;
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|
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(d) to pay the balance of customs
|
|
|
duty, along with interest, at the rate
|
|
|
fixed by notification issued under
|
|
|
section 28AA of the Customs Act,
|
|
|
1962, for the period starting from the
|
|
|
date of import of the said goods and
|
|
|
ending with the date on which the
|
|
|
duty is paid in full, if the re-export
|
|
|
does not take place within the
|
|
|
stipulated period; and
|
|
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(e) to pay on demand an amount
|
|
|
equal to the integrated tax along with
|
|
|
applicable interest payable on the said
|
|
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goods but for the exemption under
|
|
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this notification in the event of
|
|
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violation of any of the above
|
|
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conditions.
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Note: The goods imported under this concession shall not be eligible for drawback under sub-section (2) of section 74 of the Customs Act, 1962.
[F.No.354/186/2017-TRU]
(Mohit Tewari)
Under Secretary to the Government of India
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