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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
(CENTRAL BOARD OF EXCISE AND CUSTOMS)
Notification No. 21/2017 - Customs
New Delhi, the 22nd May, 2017
G.S.R.---- (E)- Whereas the notification
No. 09/2012-Cus dated the 9th March,
2012 of the Government of India, Ministry of Finance, Department of Revenue did
not allow benefit of duty free import of cut and polished diamonds exported
abroad for certification and grading, by authorised offices/ agencies in India
of laboratories mentioned under para 4.74 of the Hand Book of Procedure;
And whereas, for the period from the 9th March, 2012 to 1st March,2017, i.e.
the date on which notification
No. 7/2017-Cus dated the 1st March, 2017 was
issued allowing such authorised offices/ agencies in India of laboratories
mentioned under para 4.74 of the Hand Book of Procedure to re-import duty free
cut and polished diamonds exported abroad for certification and grading, a
practice was generally prevalent in the field to not to levy duty on re-import
of such cut and polished diamonds exported abroad for certification and grading,
by the authorised offices/ agencies in India of these laboratories mentioned in
Foreign Trade Policy;
And whereas, the said general practice of allowing duty free import of cut
and polished diamonds exported for certification and grading was prevalent
during the period from the 9th March, 2012 to 1st March, 2017 due to the fact
that such duty free import of cut and polished diamonds exported for
certification and grading was used to be allowed to these authorized agencies/
offices in India of these laboratories under Foreign Trade Policy 2004-2009,
appropriately enabled by notification no. 55/2001-Cus dated the 16th May, 2001;
And whereas, the import duty on cut and polished diamonds was abolished
during 2007 to be again reintroduced during January, 2012 and, therefore,
Foreign Trade Policy 2009-2014 was amended to extend the benefit of duty free
import of cut and polished diamonds to a class of exporters post certification
from abroad. However, Foreign Trade Policy missed out to extend this benefit of
duty free import to authorised agencies/ offices in India of laboratories
mentioned under para 4.74 of the Hand Book of Procedure and accordingly, the
enabling notification
No.9/2012-Cus dated the 9th March, 2012 also did not
extend this benefit to these authorised agencies/ offices in India of
laboratories mentioned in Foreign Trade Policy.
Now, therefore, in exercise of the powers conferred by section 28A of the
Customs Act, 1962 (52 of 1962), the Central Government, hereby, directs that the
whole of duty of Customs and additional duty of Customs, if any, payable on the
import of such cut and polished diamonds during the period from the 9th March,
2012 to 1st March,2017 by the authorized agencies/ offices in India of
laboratories mentioned under para 4.74 of the Hand Book of Procedure, but for
the said practice, shall not be required to be paid in respect of import of such
cut and polished diamonds.
(Dharmvir Sharma)
Under Secretary to the Government of India
[F. No.DGEP/G&J/04/2017]
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