| Date: |
25-11-2011
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| Notification No: |
CUSTOMS Notification No 81/2011 (NT)
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| Issuing Authority: |
Indian Customs
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| Type: |
Non Tariff
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| File No: |
F.No.450/5/2011-Dir(Cus.) |
| Subject: |
Seeks to notify Customs (Provisional Duty Assessment) Regulations, 2011
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Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise and Customs)
Notification No. 81/2011 – Customs (N.T.)
New Delhi, dated the 25th November, 2011
G.S.R. (E)-----In exercise of the powers conferred by section 157 of the Customs
Act, 1962 (52 of 1962), read with section 18 of the said Act, and in
supersession of the Customs (Provisional Duty Assessment) Regulations, 1963,
except as respects things done or omitted to be done before such supersession,
the Central Board of Excise and Customs hereby makes the following regulations,
namely:-
- Short title and commencement – (1) These regulations may be called the
Customs (Provisional Duty Assessment) Regulations, 2011.
(2) They shall come into force on the date of their publication in the Official
Gazette.
- Conditions for allowing provisional assessment.-
(1) Where-
- an importer or an exporter, as the case may be, is unable to make
self-assessment under sub-section (1) of section 17 of the Customs Act, 1962 (52
of 1962) and makes a request in writing to the proper officer for assessment; or
- the proper officer on account of any of the grounds specified in sub-section
(1) of section 18 of the said Act, is not able to verify the self-assessment or
make re-assessment of the duty on the imported goods or the export goods, as the
case may be,
he shall make an estimate of the duty to be levied (hereinafter referred to as
the provisional duty).
(2) If the importer or the exporter, as the case may be, executes a bond in an
amount equal to the difference between the duty that may be finally assessed or
re-assessed and the provisional duty and deposits with the proper officer such
sum not exceeding twenty per cent of the provisional duty, as the proper officer
may direct, the proper officer may assess the duty on the goods provisionally at
an amount equal to the provisional duty.
- Terms of the bond. –
(1) Where provisional assessment is allowed on request of the importer or the
exporter, as the case may be, the bond referred to in regulation 2 shall contain
an undertaking that he shall pay the deficiency, if any, between the duty
finally assessed or re-assessed, as the case may be, and the duty provisionally
assessed.
(2) Where provisional assessment is allowed pending the completion of any test
or enquiry, the bond referred to in regulation 2 shall contain an undertaking
that he shall pay the deficiency, if any, between the duty finally assessed or
reassessed, as the case may be, and the duty provisionally assessed.
(3) Where provisional assessment is allowed pending the production of any
document or furnishing of any information by the importer or the exporter, as
the case may be, the bond referred to in regulation shall contain an undertaking
that he shall produce such document or information within one month or within
such extended period as the proper officer may allow, and the person executing
the bond shall pay the deficiency, if any, between the duty finally assessed or
re-assessed, as the case may be, and the duty provisionally assessed.
- Surety or security of the bond. - The proper officer may require that the
bond to be executed under these regulations may be with such surety or security,
or both, as he deems fit.
- Penalty.- If any importer or exporter contravenes any provision of these
regulations or abets such contravention, or who fails to comply with any
provision of these regulations with which it was his duty to comply, he shall be
liable to a penalty which may extend to fifty thousand rupees.
(Vikas)
Under Secretary to the Government of India
[F.No.450/5/2011-Dir(Cus.)]
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