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Core Purpose

Notification of the Deferred Payment of Import Duty (Amendment) Rules, 2023 under the proviso to section 47(1) and section 156 of the Customs Act, 1962, amending the Deferred Payment of Import Duty Rules, 2016.

Detailed Summary

The Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs, by Notification No. 58/2023-Customs (N.T.), G.S.R. 585(E) dated 3rd August 2023, exercising powers under the proviso to sub-section (1) of section 47 and section 156 of the Customs Act, 1962 (52 of 1962), makes the Deferred Payment of Import Duty (Amendment) Rules, 2023, effective on publication, amending the Deferred Payment of Import Duty Rules, 2016; it inserts a proviso to rule 4 permitting the Central Government, under exceptional circumstances and for recorded reasons, to allow payment on a different due date, and inserts a proviso to rule 6 permitting an eligible importer to make deferred payment if the duty for a bill of entry was paid within the due date under rule 4 and the differential duty on reassessment, with interest, was paid within one day (excluding holidays); a note records that the principal Notification No. 134/2016-Customs(N.T.) dated 2nd November 2016 (G.S.R. 1037(E)) was subsequently amended by Notification No. 28/2017-Customs(N.T.) dated 31st March 2017 (G.S.R. 321(E)) and Notification No. 79/2020-Customs(N.T.) dated 19th August 2020 (G.S.R. 514(E)); the notification is signed by Ananth Rathakrishnan, Director (Customs).

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 458] NEW DEL HI, THURSDAY , AUGUST 3, 2023/ SHRAVANA 12, , 1945 CG-DL-E-03082023-247830 MINISTRY OF FINANCE (Department of Revenue ) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) NOTIFICATION New Delhi, the 3 rd August, 2023 No. 58/2023 -Customs (N.T.) G.S.R . 585(E).—In exercise of the powers conferred by proviso to sub -section (1) of section 47 and section 156 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following rules further to amend the Deferred Payment of Import Duty Rules, 2016, namely: - 1. (1) These rules may be called the Deferred Payment of Import Duty (Amendment) Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Deferred Payment of Import Duty Rules, 2016, (hereinafter referred to as the said rules), in rule 4, the following proviso shall be inserted, namely: - “Provided that, where the Central Government considers it necessary and expedient, it may, under exceptional circumstances, and for reasons to be recorded in writing, allow payment to be made on a different due date.” 3. In the said rules, in rule 6, the following proviso shall be inserted, namely: - “Provided further that the eligible importer shall be permitted to make the deferred payment if he has - (i) paid the duty for a bill of entry within due date in terms of rule 4; and (ii) paid the differential duty for the same bill of entry along with the interest on account of reassessment within one day (excluding holidays).” [F. No. 450/81/2016 -Cus IV] ANANTH RATHAKRISHNAN , Director (Customs) Note: The principal Notification No.134/2016 -Customs(N.T.) dated the 2nd of November, 2016 was published in the Gazette of India, Extraordinary, Part II, Section 3, sub -section (i), vide number G.S.R. 1037(E), dated the 2nd November 2016, and was amended by Notification No.28/2017 -Customs(N.T.) dated the 31st of March, 2017, vide number G.S.R. 321(E) dated the 31st March 2017 and Notification No.79 /2020 -Customs(N.T.) dated the 19th of August, 2020, vide number G.S.R. 514(E) dated the 19th August, 2020. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Del hi-11005 4.

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