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Core Purpose

This notification amends the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017, by introducing the Customs (Import of Goods at Concessional Rate of Duty) (Amendment) Regulations, 2020.

Detailed Summary

The Ministry of Finance (Department of Revenue), through the Central Board of Indirect Taxes and Customs, issued Notification No. 78/2020-Customs (N.T.) (G.S.R. 605 (E)) on October 1, 2020, under the powers conferred by Section 157 of the Customs Act, 1962 (52 of 1962). These regulations, titled the Customs (Import of Goods at Concessional Rate of Duty) (Amendment) Regulations, 2020, came into force on October 1, 2020. The amendments primarily update various dates from “2nd day of February, 2020” to “1st day of October, 2020” in sub-regulation (1) of regulation 3, sub-regulation (1) of regulation 4, and clause (ii) of sub-regulation (1) of regulation 5 of the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017. Significantly, regulation 6, outlining the procedure to be followed, is substituted, requiring importers to give a one-time prior intimation (Annexure-I) and furnish a one-time continuity bond to the jurisdictional Deputy or Assistant Commissioner of Customs, and submit quarterly statements of imported and utilized goods (Annexure-II) by the tenth day of the succeeding month. Regulation 7, on clearance of goods, is also substituted, mandating the production of intimation copies and declarations. A new sub-regulation (3) is inserted into regulation 8, allowing goods to be removed to another unit or job worker's premises with prior intimation (Annexure-III). Regulations 9 and 10 are substituted to detail procedures for clearance of unutilized/defective goods (Annexure-IV) and goods sent for job work (Annexure-V) under Section 65 of the Customs Act, 1962, respectively. The principal notification No. 7/2017-Customs (N.T.) dated January 31, 2017 (G.S.R. 84(E)) was last amended by notification No. 13/2020-Customs (N.T.) dated February 2, 2020 (G.S.R. 96(E)).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-13052026-272488 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 325] NEW DELHI, TUESDAY, MAY 12, 2026/VAISAKHA 22, 1948 3428 GI/2026 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) NOTIFICATION New Delhi, the 1st October, 2020 No. 78/2020-Customs (N.T.) G.S.R. 605 (E).—In exercise of the powers conferred by section 157 of the Customs Act, 1962 (52 of 1962), the Central Board of Indirect Taxes and Customs hereby makes the following regulations further to amend the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017, namely:— 1. Short title and commencement.—(1) These regulations may be called the Customs (Import of Goods at Concessional Rate of Duty) (Amendment) Regulations, 2020. (2) They shall come into force on the 1st day of October, 2020. 2. In the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 (hereinafter referred to as the said regulations), in regulation 3, in sub-regulation (1), for the figures, letters and words “2nd day of February, 2020”, the figures, letters and words “1st day of October, 2020” shall be substituted. 3. In the said regulations, in regulation 4, in sub-regulation (1), for the figures, letters and words “2nd day of February, 2020”, the figures, letters and words “1st day of October, 2020” shall be substituted. 4. In the said regulations, in regulation 5, in sub-regulation (1), in clause (ii), for the figures, letters and words “2nd day of February, 2020”, the figures, letters and words “1st day of October, 2020” shall be substituted. 5. In the said regulations, for regulation 6, the following regulation shall be substituted, namely:— “6. Procedure to be followed.—(1) The importer who intends to import goods at a concessional rate of duty shall give a one-time prior intimation of the importation of goods to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, having jurisdiction over the premises where the goods imported shall be put to use, in the form specified in Annexure-I. (2) The importer shall furnish a one-time continuity bond, with such security or surety as deemed appropriate by the Deputy Commissioner of Customs or Assistant Commissioner of Customs, having jurisdiction over the premises where the goods imported shall be put to use, to cover the duty involved on the goods, but not exceeding the duty foregone, with an undertaking to pay the differential duty, if any, and furnish such information as requested by the Deputy Commissioner of Customs or Assistant Commissioner of Customs. (3) The importer shall submit a statement containing the details of goods imported and utilised in the format specified in Annexure-II, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, having jurisdiction over the premises where the goods imported shall be put to use, by the tenth day of the month succeeding the quarter or such other period as the Deputy Commissioner of Customs or Assistant Commissioner of Customs may allow. (4) In the event of failure to follow the procedure prescribed in these regulations, the Deputy Commissioner of Customs or Assistant Commissioner of Customs having jurisdiction over the premises where the goods imported shall be put to use, shall take action to recover the differential duty with interest, as if the goods were cleared for home consumption without the benefit of the concessional rate of duty. (5) In case the goods are imported for a specified project, a single intimation and bond as specified in sub-regulations (1) and (2) shall suffice for the entire project.” 6. In the said regulations, for regulation 7, the following regulation shall be substituted, namely:— “7. Clearance of goods.—(1) The importer shall, at the time of clearance of goods, produce a copy of the intimation given under sub-regulation (1) of regulation 6, and furnish a declaration that the goods shall be used for the purpose specified in the exemption notification. (2) The importer shall endorse the details of the import on the copy of the intimation and also on the bond and furnish the said endorsed documents to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, having jurisdiction over the premises where the goods imported shall be put to use.” 7. In the said regulations, in regulation 8, after sub-regulation (2), the following sub-regulation shall be inserted, namely:— “(3) The Deputy Commissioner of Customs or Assistant Commissioner of Customs, having jurisdiction over the premises where the goods imported shall be put to use, may allow the goods to be removed to another unit of the importer, or to the premises of a job worker, for carrying out the intended purpose: Provided that the importer shall (a) submit an intimation to this effect to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, having jurisdiction over the premises where the goods imported shall be put to use, in the format specified in Annexure-III; and (b) maintain a record of the goods so removed and produce the same to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as and when required.” 8. In the said regulations, for regulation 9, the following regulation shall be substituted, namely:— “9. Clearance of unutilised or defective goods.—(1) The importer may clear the unutilised or defective goods, imported at concessional rate of duty, for home consumption, on payment of duty equal to the difference between the duty leviable on such goods but for the exemption and that already paid, along with interest, on the quantity of such goods, so cleared, and at the rate of duty and tariff valuation in force on the date of such clearance. (2) The importer may also export the unutilised or defective goods, imported at concessional rate of duty, on payment of duty equal to the difference between the duty leviable on such goods but for the exemption and that already paid, along with interest, on the quantity of such goods, so exported, and at the rate of duty and tariff valuation in force on the date of such export, subject to such conditions as may be specified in this behalf by the Central Government. (3) The importer shall submit a statement containing details of such clearances or exports to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, having jurisdiction over the premises where the goods imported shall be put to use, in the format specified in Annexure-IV.” 9. In the said regulations, for regulation 10, the following regulation shall be substituted, namely:— “10. Job work.—(1) The importer may send the goods for job work, in accordance with the provisions of section 65 of the Customs Act, 1962 (52 of 1962), and the rules made thereunder. (2) The importer shall submit a statement containing details of the goods sent for job work and received back, in the format specified in Annexure-V, to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, having jurisdiction over the premises where the goods imported shall be put to use.” 10. In the said regulations, after regulation 11, the following Annexures shall be inserted, namely:— “ANNEXURE-I (See regulation 6) Intimation for goods imported at concessional rate of duty To, The Deputy Commissioner of Customs/ Assistant Commissioner of Customs, (Address of the Customs Formation) Subject: Intimation for availing concessional rate of duty under notification No. ( ) dated ( ) – reg. Sir/Madam, I/We hereby declare that I/We intend to import goods at concessional rate of duty under notification No. ( ) dated ( ) and the said goods shall be used in the manufacture of specified goods or for a specified purpose, as the case may be. The details of the importer are as under: Name of the Importer: IEC: GSTIN: Address of the premises where goods shall be put to use: Existing customs registration no. (if any): The details of goods to be imported are as under: Description of goods: Tariff heading (8 digit): Approximate quantity: Approximate value: The nature of manufacturing process or the purpose for which the goods shall be used is as under: I/We hereby undertake to abide by the provisions of the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017. Signature and stamp of the Importer/Authorised signatory ANNEXURE-II (See regulation 6) Statement of goods imported and utilised To, The Deputy Commissioner of Customs/ Assistant Commissioner of Customs, (Address of the Customs Formation) Subject: Statement of goods imported at concessional rate of duty under notification No. ( ) dated ( ) and utilised – reg. Sir/Madam, I/We hereby submit the statement of goods imported at concessional rate of duty under notification No. ( ) dated ( ) and utilised for the purpose specified in the exemption notification. The details of the importer are as under: Name of the Importer: IEC: GSTIN: Address of the premises where goods shall be put to use: Existing customs registration no. (if any): Statement for the period (Quarter/Period): Details of goods imported during the quarter/period: +-----+-------------------+---------------+-------------------+--------------------------------+ | Sl. | Bill of Entry No. | Date | Item description | Tariff heading (8 digit) | | No. | | | | | +=====+===================+===============+===================+================================+ | 1. | | | | | +-----+-------------------+---------------+-------------------+--------------------------------+ Details of goods utilised during the quarter/period: +-----+-------------------+------------------+--------------------------------+ | Sl. | Bill of Entry No. | Item description | Quantity | | No. | | | | +=====+===================+==================+================================+ | 1. | | | | +-----+-------------------+------------------+--------------------------------+ Details of goods removed to another unit of the importer or premises of a job worker during the quarter/period: +-----+-------------------+------------------+--------------------------------+ | Sl. | Bill of Entry No. | Item description | Quantity | | No. | | | | +=====+===================+==================+================================+ | 1. | | | | +-----+-------------------+------------------+--------------------------------+ Details of goods received back from another unit of the importer or premises of a job worker during the quarter/period: +-----+-------------------+------------------+--------------------------------+ | Sl. | Bill of Entry No. | Item description | Quantity | | No. | | | | +=====+===================+==================+================================+ | 1. | | | | +-----+-------------------+------------------+--------------------------------+ Balance quantity of goods at the end of quarter/period: +-----+-------------------+------------------+--------------------------------+ | Sl. | Bill of Entry No. | Item description | Quantity | | No. | | | | +=====+===================+==================+================================+ | 1. | | | | +-----+-------------------+------------------+--------------------------------+ Signature and stamp of the Importer/Authorised signatory ANNEXURE-III (See regulation 8) Intimation for removal of goods to another unit of the importer or premises of a job worker To, The Deputy Commissioner of Customs/ Assistant Commissioner of Customs, (Address of the Customs Formation) Subject: Intimation for removal of goods to another unit of the importer or premises of a job worker under notification No. ( ) dated ( ) – reg. Sir/Madam, I/We hereby declare that I/We intend to remove goods imported at concessional rate of duty under notification No. ( ) dated ( ) to another unit of the importer or premises of a job worker for carrying out the intended purpose. The details of the importer are as under: Name of the Importer: IEC: GSTIN: Address of the premises where goods imported shall be put to use: Existing customs registration no. (if any): The details of goods removed are as under: +-----+-------------------+---------------+-------------------+--------------------------------+ | Sl. | Bill of Entry No. | Date | Item description | Tariff heading (8 digit) | | No. | | | | | +=====+===================+===============+===================+================================+ | 1. | | | | | +-----+-------------------+---------------+-------------------+--------------------------------+ Details of the unit/job worker to which goods are removed: Name of the unit/job worker: GSTIN (if available): Address of the unit/job worker: I/We hereby undertake to maintain a record of the goods so removed and produce the same to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as and when required. Signature and stamp of the Importer/Authorised signatory ANNEXURE-IV (See regulation 9) Statement of unutilised or defective goods cleared for home consumption or exported To, The Deputy Commissioner of Customs/ Assistant Commissioner of Customs, (Address of the Customs Formation) Subject: Statement of unutilised or defective goods cleared for home consumption or exported under notification No. ( ) dated ( ) – reg. Sir/Madam, I/We hereby submit the statement of unutilised or defective goods cleared for home consumption or exported. The details of the importer are as under: Name of the Importer: IEC: GSTIN: Address of the premises where goods imported shall be put to use: Existing customs registration no. (if any): Statement for the period (Quarter/Period): Details of unutilised or defective goods cleared for home consumption or exported: +-----+-------------------+------------------+--------------------------------+--------------------------------+--------------------+ | Sl. | Bill of Entry No. | Item description | Quantity | Duty paid | Duty foregone | | No. | | | | | | +=====+===================+==================+================================+================================+====================+ | 1. | | | | | | +-----+-------------------+------------------+--------------------------------+--------------------------------+--------------------+ Signature and stamp of the Importer/Authorised signatory ANNEXURE-V (See regulation 10) Statement of goods sent for job work and received back To, The Deputy Commissioner of Customs/ Assistant Commissioner of Customs, (Address of the Customs Formation) Subject: Statement of goods sent for job work and received back under notification No. ( ) dated ( ) – reg. Sir/Madam, I/We hereby submit the statement of goods sent for job work and received back. The details of the importer are as under: Name of the Importer: IEC: GSTIN: Address of the premises where goods imported shall be put to use: Existing customs registration no. (if any): Statement for the period (Quarter/Period): Details of goods sent for job work: +-----+-------------------+------------------+--------------------------------+--------------------------------+ | Sl. | Bill of Entry No. | Item description | Quantity | Date of sending for job work | | No. | | | | | +=====+===================+==================+================================+================================+ | 1. | | | | | +-----+-------------------+------------------+--------------------------------+--------------------------------+ Details of goods received back from job work: +-----+-------------------+------------------+--------------------------------+--------------------------------+ | Sl. | Bill of Entry No. | Item description | Quantity | Date of receipt from job work | | No. | | | | | +=====+===================+==================+================================+================================+ | 1. | | | | | +-----+-------------------+------------------+--------------------------------+--------------------------------+ Signature and stamp of the Importer/Authorised signatory [F. No. 450/150/2017-Cus.IV] (GAURAV SINGH), Deputy Secretary (Customs) Note: The principal notification No. 7/2017-Customs (N.T.) dated the 31st January, 2017 was published vide number G.S.R. 84(E), dated the 31st January, 2017 and was last amended by notification No. 13/2020-Customs (N.T.) dated the 2nd February, 2020 published vide number G.S.R. 96(E), dated the 2nd February, 2020. Updated on 2020-10-01 19:22:21.0 +05:30 by the Controller of Publications, Delhi-110054 Date/Time of Upload: 01/10/2020 07:22:21 PM SARVESH KUMAR Digitally signed by SARVESH KUMAR SRIVASTAVA SRIVASTAVA Date: 2020.10.01 19:22:52 +05'30' [DRUKSHI KANTH], Editor

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