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Core Purpose

Notification under section 28A of the Customs Act, 1962 regularizing non-levy of customs duty on rough and simply sawn diamonds imported between 1st July 2017 and 1st February 2022.

Detailed Summary

The Ministry of Finance, Department of Revenue, issued Notification No. 70/2024-Customs (N.T.), G.S.R. 663(E), dated 23rd October 2024, reciting that notification no. 50/2017-Customs dated 30th June 2017 had allowed duty-free import of "Rough diamonds (industrial or non-industrial)" under Chapter 71 at serial number 345, and that this was amended by notification no. 02/2022-Customs dated 1st February 2022 to also allow duty-free import of "Simply Sawn Diamonds" under tariff items 7102 21 and 7102 3100, by inserting serial number 345A subject to condition number 110 requiring a Kimberley Process Certification Scheme (KPCS) certificate, with effect from 2nd February 2022. Finding that a practice was generally prevalent of non-levy of customs duty under the First Schedule of the Customs Tariff Act, 1975 (51 of 1975) on such goods imported during the period 1st July 2017 to 1st February 2022, the Central Government, in exercise of powers under section 28A of the Customs Act, 1962 (52 of 1962), directs that the whole of the customs duty otherwise leviable and payable on import of these goods during that period shall not be required to be paid. The notification is filed under number 450/269/2022-CusIV and signed by Sanjeet Kumar, Under Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-23102024-258189 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 605] NEW DELHI, WEDNESDAY, OCTOBER 23, 2024/KARTIKA 1, 1946 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 23rd October, 2024 No. 70/2024-Customs (N.T) G.S.R. 663(E).—Whereas, the notification no. 50/2017-Customs, dated the 30th June, 2017 of the Government of India, Ministry of Finance, Department of Revenue (hereinafter referred to as the said notification) allowed duty free import of goods of the description “Rough diamonds (industrial or non-industrial)” falling within Chapter 71 as specified against serial number (S.No.) 345 of the said notification; And whereas, the said notification was amended by notification no. 02/2022-Customs, dated the 1st February, 2022, allowing duty free import of goods of the description “Simply Sawn Diamonds” falling under the sub-heading or tariff Item "7102 21, 7102 3100” (hereinafter referred to as the said goods) by inserting serial number (S.No.) 345A, subject to condition number 110 that “If, the importer produces before the Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be, a certificate issued under Kimberly Process Certification Scheme (KPCS) certifying that the imported goods are diamonds, not further worked than simply sawn", with effect from 2nd February, 2022; And whereas, the Central Government is satisfied that a practice was generally prevalent regarding non-levy of duty of customs leviable under the First Schedule of the Customs Tariff Act, 1975 (51 of 1975), read with the notification no. 50/2017-Customs, dated the 30th June, 2017, as amended, on the said goods imported into India during the period from 1st July, 2017 to 1st February, 2022; 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 the duty of customs leviable under the First Schedule of the Customs Tariff Act, 1975 (51 of 1975) read with the said notification, if any payable on the import of the said goods, during the period from 1st July, 2017 to 1st February, 2022, but for the said practice, shall not be required to be paid in respect of import of the said goods. [F. No. 450/269/2022-CusIV] SANJEET KUMAR, Under Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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