[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. 49/2017 – 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 under the Fourth Schedule
to the Central Excise Act, 1944 (1of 1944), when imported into India for
subsequent sale, from the whole of the additional duty of customs leviable
thereon under sub-section (5) of section 3 of the Customs Tariff Act ,1975 (51
of 1975) (hereinafter referred to as the said additional duty of Customs).
2. The
exemption contained in this notification shall be given effect if the following
conditions are fulfilled, namely:-
a) the
importer of the said goods shall pay all duties, including the said additional
duty of customs leviable thereon, as applicable, at the time of importation of
the goods;
b) the
importer, while issuing the invoice for sale of the said goods, shall
specifically indicate in the invoice that in respect of the goods covered
therein, no credit of the additional duty of customs levied under sub-section
(5) of section 3 of the said Customs Tariff Act, shall be admissible;
c) the
importer shall file a claim for refund of the said additional duty of customs
paid on the imported goods with the jurisdictional customs officer;
d) the
importer shall pay on sale of the said goods, appropriate sales tax or value
added tax, as the case may be;
e) the
importer shall, inter alia, provide copies of the following documents alongwith
the refund claim:-
(i) documents evidencing payment of the said
additional duty;
(ii) invoices of sale of the imported goods in
respect of which refund of the said additional duty is claimed;
(iii) documents evidencing payment of appropriate
sales tax or value added tax, as the case may be, by the importer, on sale of
such imported goods
Explanation:
-
The goods falling under the Fourth Schedule to the Central Excise Act, 1944
(1of 1944) when imported into India for subsequent sale, and a bill of entry
has been filled under sub-section (3) of section 46 of the Customs Act, 1962
(52 of 1962) on or before to the 30th day of June, 2017 shall also be eligible
for exemption under this notification subject to the fulfilment of the
conditions of this notification.
3. The
jurisdictional customs officer shall sanction the refund on satisfying himself
that the conditions referred to in para 2 above, are fulfilled.
[F.No.
354/119/2017-TRU
(Ruchi Bisht)
Under Secretary to the Government of India
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