Wait...

  • >
  • >
  • >
  • >
  • Miscellaneous
  • Online India Export Import Data Search

    Levy of Interest under Section 47(2) of the Customs Act, 1962 for delayed payment of duty in respect of clearance of goods from a bonded warehouse , Customs Circular No 15/2009, 12-05-2009



    Date: 12-05-2009
    Notification No: Customs Circular No 15/2009
    Issuing Authority: Indian Customs  
    Type: Circular
    File No: 473/01/2007 – LC
    Subject: Levy of Interest under Section 47(2) of the Customs Act, 1962 for delayed payment of duty in respect of clearance of goods from a bonded warehouse

    Government of India
    Ministry of Finance
    Department of Revenue
    Central Board of Excise & Customs

    Circular No.15/2009- Customs

    Dated the 12 May, 2009

    Subject: Levy of Interest under Section 47(2) of the Customs Act, 1962 for delayed payment of duty in respect of clearance of goods from a bonded warehouse – Reg.

    A reference is invited to Section 47 (2) of the Customs Act 1962, which provides that where the importer fails to pay the import duty within 5 working days from the date on which the Bill of Entry for home consumption is returned to him for payment of duty, he shall pay interest on the amount of duty till the date of payment of the duty, at the rate fixed by the Central Government. A doubt has been raised whether such interest under Section 47 (2) is payable on goods deposited in a warehouse and for which a Bill of entry for home consumption is filed under Section 68 of the said Act, if the importer fails to pay the duty within 5 working days from the date on which such Bill of Entry filed under Section 68 is returned to him for payment of duty.

    1. The matter has been examined by the Board. As per Section 46 of the Customs Act, 1962, the importer of any goods, other than goods intended for transit or transshipment, shall make entry thereof by presenting to the proper officer a bill of entry for home consumption or warehousing in the prescribed form. The provision regarding payment of interest for delayed payment of duty after the return of Bill of Entry is contained in Section 47 which reads as under:

      “(1) Where the proper officer is satisfied that any goods entered for home consumption are not prohibited goods and the importer has paid the import duty, if any, assessed thereon and any charges payable under this Act in respect of the same, the proper officer may make an order permitting clearance of the goods for home consumption.

      (2) Where the importer fails to pay the import duty under sub-section (1) within five days excluding holidays from the date on which the bill of entry is returned to him for payment of duty, he shall pay interest at such rate, not below ten per cent and not exceeding thirty six per cent. per annum, as is for the time being fixed by the Central Government, by notification in the Official Gazette, on such duty till the date of payment of the said duty”.

    2. A harmonious reading of the above provisions indicates that the provisions of Section 47 (1) are applicable to the goods entered for home consumption by filing a bill of entry accordingly, and the interest liability for delayed payment of duty after the return of Bill of Entry is attracted on import duty as assessed under Section 47 (1) on such goods.

    3. In case of goods deposited in a warehouse and being cleared for home consumption, the entry for clearance (i.e. ex-bond Bill of Entry) is made under Section 68. As per Section 68 of the Act, the importer of any warehoused goods may clear them for home consumption, if
      1. a bill of entry for home consumption in respect of such goods has been presented in the prescribed form;

      2. the import duty leviable on such goods and all penalties, rent, interest and other charges payable in respect of such goods have been paid; and

      3. an order for clearance of such goods for home consumption has been made by the proper officer.

    4. Section 68 is a self-contained provision dealing with the clearance of goods from a warehouse for home consumption and this provision does not contain a reference to payment of interest on delayed payment of duty after return of Bill of Entry.

    5. Further, as per the provisions of Section 61 (2), interest on warehoused goods is payable when they remain in the warehouse beyond the permitted warehousing period specified in Section 61 (1). Such interest is payable on the amount of duty payable at the time of clearance of the goods from the expiry of the said warehousing period (including such extended period), till the date of payment of duty on the warehoused goods. Thus, when a provision has been made for warehousing of imported goods, without payment of interest for a specified period, it is not the intention to charge interest within the said interest-free period, even if duty is paid after 5 days after return of the ex-bond Bill of Entry. Interest in any case is chargeable if the warehoused goods remain in the warehouse beyond the permitted period for the period from the expiry of the said period till the date of payment of duty on the warehoused goods.

    6. In view of the foregoing, it is clarified that the provisions of Section 47 (2) are not attracted in case of clearances made under Section 68. Consequently, no interest is liable to be paid on goods deposited in a warehouse and being cleared for home consumption by filing the Bill of Entry prescribed under Section 68 of the Act, ibid, for delayed payment of duty i.e. if the importer fails to pay the duty within 5 working days from the date on which such Bill of Entry is returned to him for payment of duty. However, interest on warehoused goods is payable when they remain in a warehouse beyond the period specified in sub-section (1) of Section 61 as per provisions of sub-section (2) of Section 61.

    7. Wide publicity to this Circular may be given by way of issuance of public notice and standing order.

    8. Difficulties, if any, faced in the implementation of this circular, may be immediately brought to the notice of the Board.

    9. Please acknowledge receipt.
    10. Hindi version follows.

    Yours faithfully,
    (P. S. Pruthi)
    Commissioner (Customs &EP)
    F. No. 473/01/2007 – LC

     
           

    DO YOU NEED HELP?







    Enquiry Form

    Fields marked with an asterisk * are required.
    +



    What is New?

    Date: 26-08-2016
    DGFT Public Notice No. 25/2015-2020
    Merchandise Exports from India Scheme (MEIS) - Addition in Table 2 {containing ITC(HS) Code wise list of products with reward rtes} of Appendix 3B

    Date: 26-08-2016
    Central Excise Notification No. 32/2016
    Seeks to further amend notification No.12/2012-Central Excise dated 17.03.2012 so as to levy Basic Excise Duty at a concessional rate of 2% on Aviation Turbine Fuel drawn by operators or cargo operators from the Regional Connectivity Scheme (RCS) airports for a period of 3 years

    Date: 26-08-2016
    Customs Notification No. 117/2016 (NT)
    Exchange Rate notfn. with effect from 27th Aug., 2016 thereby amending Notfn. 112/2016-Cus (NT)

    Date: 26-08-2016
    Customs Notification No. 116/2016 (NT)
    Regarding appointment of CAA by M/s Nagarjuna Oil Corporation Ltd, Chennai

    Date: 26-08-2016
    Customs Notification No. 115/2016 (NT)
    Regarding representation by NACFS bound and bank guarantee insurance, cost recovery

    Date: 26-08-2016
    Customs Notification No. 114/2016 (NT)
    Regarding setting up of CFS by M/s Visakha

    Date: 26-08-2016
    Customs Circular No. 39/2016
    Revised guidelines for disposal of confiscated goods

    Date: 24-08-2016
    Trade Notice No. 14/2015-2020
    Constitution of Grievance Redressal Committee

    Date: 24-08-2016
    Central Excise Notification No 31/2016
    Amends Notification No.22/2003-Central Excise dated 31.3.2003

    Date: 23-08-2016
    Customs Notification No. 46/2016
    Seeks to further amend Notification No. 96/2008-Customs dated 13.08.2008 so as to include 'Republic of Guinea-Bissau' in the list of countries eligible for preferential tariff under the said notification.



    Exim Guru Copyright © 1999-2016 Exim Guru. All Rights Reserved.
    The information presented on the site is believed to be accurate. However, InfodriveIndia takes no legal responsibilities for the validity of the information.
    Please read our Terms of Use and Privacy Policy before you use this Export Import Data Directory.

    EximGuru.com

    C/o Infodrive India
    E-2, 3rd Floor, Kalkaji Main Road
    New Delhi - 110019, India
    Phone : 011 - 40703001