[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
(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.
[F.No.DGEP/G&J/04/2017]
(Dharmvir
Sharma)
Under Secretary to the Government of India
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