[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)
Notification
No. 47/2017 – Customs
New Delhi, the
30th June, 2017
G.S.R.
(E).-In exercise of the powers conferred by sub-section (1) of section 25 of
the Customs Act, 1962 (52 of 1962) the Central Government, on being satisfied
that it is necessary in the public interest so to do, hereby exempts the goods
falling within the Fourth Schedule to the Central Excise Act, 1944 (1of 1944)
and specified in column (2) of the Table below, when re- imported into India,
from so much of the duty of customs leviable thereon which is specified in the
First Schedule of the Customs Tariff Act, 1975 (51 of 1975) and the whole of
the additional duty leviable thereon under subsections (1), (3), and (5) of
section 3 of the said Customs Tariff Act, as is in excess of the amount
indicated in the corresponding entry in column (3) of the said Table.
Table
Sl.No. |
Description of
goods |
Conditions |
(1) |
(2) |
(3) |
1 |
Goods
exported – (a)
under claim for drawback of any customs or excise duties levied by the Union
(b)
under claim for drawback of any excise duty levied by a State
(c)
under claim for rebate of Central excise duty
(d)
under bond without payment of Central Excise duty
(e)
under duty exemption scheme (DEEC/ Advance Authorisation/ DFIA) or Export
Promotion Capital Goods Scheme (EPCG)
|
amount
of drawback of customs or excise duties allowed at the time of export;
amount
of excise duty leviable by State at the time and place of importation of the
goods. allowed at the time of export;
amount
of rebate of Central Excise duty, availed at the time of export;
amount
of Central Excise duty not paid;
amount
of excise duty leviable at the time and place of importation of goods and
subject to the following conditions applicable for such goods - |
2 |
Goods
other than those falling under Sl. No. 1 |
Nil
: |
Provided that the
Assistant Commissioner of Customs/ Deputy Commissioner of Customs is satisfied
that-
(a) the
goods other than those exported under Duty Exemption Scheme(DEEC/Advance
Authorisation/DFIA) or Export Promotion Capital Goods Scheme(EPCG) or Duty
Entitlement Passbook Scheme (DEPB) or any reward scheme of Chapter 3 of Foreign
Trade Policy are re-imported within three years after their exportation or
within such extended period, not exceeding two years, as the Principal
Commissioner of Customs or Commissioner of Customs as the case may be, on
sufficient cause being shown for the delay may be allowed.
(b) in
the case of goods exported under the Duty Exemption Scheme(DEEC/Advance
Authorisation/DFIA) or Export Promotion Capital Goods Scheme(EPCG) or Duty
Entitlement Passbook Scheme (DEPB) or any reward scheme of Chapter 3 of Foreign
Trade Policy, reimportation of such goods takes place within one year of
exportation or such extended period not exceeding one more year as the
Principal Commissioner of Customs or Commissioner of Customs, as the case may
be, on sufficient cause being shown for the delay may allowed;
(c) the
goods are the same which were exported:
Provided further that
nothing contained in this notification shall apply to re-imported goods which
had been exported –
(a) by a hundred per cent export-oriented
undertaking or a unit in a Free Trade Zone as defined under section 3 of the
Central Excise Act, 1944 (1 of 1944);
(b) from a public warehouse or a private warehouse appointed or licensed, as
the case may be, under section 57 or section 58 of the Customs Act, 1962 (52 of
1962).
2. This
notification shall come into force with effect from the 1 st day of July, 2017.
Explanation.
-
For the purposes of this notification,-
(a) the
goods shall not be deemed to be the same if these are re-imported after being
subjected to re-manufacturing or reprocessing through melting, recycling or
recasting abroad;
(b) 'Foreign
Trade Policy' means Foreign Trade Policy, 2015 - 2020 notified by the
Government of India in the Ministry of Commerce and Industry published in the
Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide
notification No. 01/2015- 2020, dated the 1st April, 2015.
(F.
No. 354/119/2017-TRU)
(Ruchi
Bisht)
Under Secretary to the Government of India
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