| Date: |
10-09-1997
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| Notification No: |
Customs Circular No 34/1997
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| Issuing Authority: |
Indian Customs
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| Type: |
Circular
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| File No: |
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| Subject: |
Clarification regarding the interpretation of proviso to condition 3 of the Notifn. No. 104/ 95-Cus. dated 30.5.95
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Clarification regarding the interpretation of proviso to condition 3 of
the Notifn. No. 104/ 95-Cus. dated 30.5.95
Circular No. 34 dated 10th September 1997
A reference has
been made to the Board by CC, Bombay regarding the interpretation of proviso to
condition 3 of the Notification No. 104/ 95-Cus. dated 30.5.95: -
"Provided
that exemption from duty shall not be admissible if there is insufficient credit
in the said Pass-Book for debiting the duty leviable on the goods but for
this exemption."
The issue had
been examined and it is, hereby, clarified that wherever the credit available in
the Pass-Book, or DEPB, as the case may be, is not sufficient for debiting the
duty assessed on the goods in a Bill of Entry, the excess amount of duty
assessed which is not covered by the credit available, may be allowed to be paid
in cash. The proviso referred to above only means that the exemption from duty
is not to be extended to that portion to the duty assessed which is in excess of
the credit available.
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