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Core Purpose

Notifications under section 28A of the Customs Act, 1962 waiving customs duty on 'wearable goods' and 'hearable goods' imported between 1st February 2022 and 27th April 2023 in a manner attracting rule 2(a) of the General Rules of Interpretation of the Customs Tariff Act, 1975.

Detailed Summary

Two notifications issued by the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs on 24th January 2024, both in exercise of powers under section 28A of the Customs Act, 1962 (51 of 1962), waive customs duty on goods imported during the period 1st February 2022 to 27th April 2023 in a manner attracting rule 2(a) of the General Rules of Interpretation of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), on the ground that such duty was generally not levied or collected in practice during that period. Notification No. 7/2024-Customs (N.T.) (G.S.R. 65(E)) covers 'wearable goods' described in Notification No. 11/2022-Customs dated 1st February 2022 (as amended by Notification No. 33/2023-Customs dated 27th April 2023, which inserted a proviso applying the specified duty rate even when goods are presented together so as to attract rule 2(a)), and directs that the whole or excess duty on such goods during the stated period need not be paid. Notification No. 8/2024-Customs (N.T.) (G.S.R. 66(E)) makes an identical direction for 'hearable goods' described in Notification No. 12/2022-Customs dated 1st February 2022, likewise amended by Notification No. 33/2023-Customs dated 27th April 2023. Both notifications, bearing file number F. No. 450/139/2023-Cus IV, were signed by Sanjeet Kumar, Under Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-24012024-251594 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 59] NEW DELHI, WEDNESDAY, JANUARY 24, 2024/MAGHA 4, 1945 535 GI/2024 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) NOTIFICATION New Delhi, the 24th January, 2024 Notification No. 7/2024 – Customs (N.T.) G.S.R. 65(E).—WHEREAS wearable goods of the description as specified in column (3) of Notification 11/2022-Customs dated 1st February 2022 of the Government of India, Ministry of Finance, Department of Revenue (hereinafter referred to as the said notification), falling within the Chapter or heading or sub-heading or tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as specified in the corresponding entry in column (2) of the table of the said Notification, when imported into India, were exempted from so much of the duty of customs leviable thereon under the said First Schedule as is in excess of the amount calculated at the standard rate as specified in the corresponding entry in column (4) of the said Table of the said notification; AND WHEREAS, the Notification No. 11/2022-Customs, dated the 1st February, 2022 was amended by the Notification No. 33/2023-Customs, dated the 27th April, 2023, by inserting a proviso therein, as “Provided that the rate of duty specified in Column (4) against the respective description of goods mentioned in Column (3) of the Table above shall apply even when such goods are presented together in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975, subject to the respective conditions specified in column (5)"; AND WHEREAS, the Central Government is satisfied that according to the practice that was generally prevalent regarding levy of duty (including non-levy thereof) on the said goods when imported in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975 (51 of 1975), were being imported without the duty being levied or collected during the period commencing on and from 1st February, 2022 and ending to 27th April, 2023 under the said Notification 11/2022- Customs dated the 1st February, 2022. NOW, THEREFORE, in exercise of the powers conferred by section 28A of the Customs Act, 1962 (51 of 1962), the Central Government hereby directs that whole of the duty of customs payable on such goods or, as the case may be, the duty in excess of that payable on such goods, during the period from the 1st February, 2022 to 27th April 2023, when imported in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975, but for the said practice, shall not be required to be paid in respect of import of such wearable goods of the description as specified in column (3) of Notification 11/2022- Customs dated 1st February 2022. [F. No. 450/139/2023-Cus IV] SANJEET KUMAR, Under Secy. NOTIFICATION New Delhi, the 24th January, 2024 Notification No. 8/2024 – Customs (N.T.) G.S.R. 66(E).—WHEREAS hearable goods of the description as specified in column (3) of Notification 12/2022-Customs dated 1st February 2022 of the Government of India, Ministry of Finance, Department of Revenue (hereinafter referred to as the said notification), falling within the Chapter or heading or sub-heading or tariff item of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as specified in the corresponding entry in column (2) of the table of the said Notification, when imported into India, were exempted from so much of the duty of customs leviable thereon under the said First Schedule as is in excess of the amount calculated at the standard rate as specified in the corresponding entry in column (4) of the said Table of the said notification; AND WHEREAS, the Notification No. 12/2022-Customs, dated the 1st February, 2022 was amended by the Notification 33/2023-Customs, dated the 27th April, 2023 by inserting a proviso therein, as “Provided that the rate of duty specified in Column (4) against the respective description of goods mentioned in Column (3) of the Table above shall apply even when such goods are presented together in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975, subject to the respective conditions specified in column (5)”; AND WHEREAS, the Central Government is satisfied that according to the practice that was generally prevalent regarding levy of duty (including non-levy thereof) on the said goods when imported in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975 (51 of 1975), were being imported without the duty being levied or collected during the period commencing on and from 1st February, 2022 and ending to 27th April, 2023 under the said Notification 12/2022- Customs dated the 1st February, 2022. NOW, THEREFORE, in exercise of the powers conferred by section 28A of the Customs Act, 1962 (51 of 1962), the Central Government hereby directs that whole of the duty of customs payable on such goods or, as the case may be, the duty in excess of that payable on such goods, during the period from the 1st February, 2022 to 27th April 2023, when imported in a manner so as to attract the provision of rule 2(a) of the General Rules of Interpretation of the First Schedule of the Customs Tariff Act, 1975, but for the said practice, shall not be required to be paid in respect of import of such hearable goods of the description as specified in column (3) of Notification 12/2022- Customs dated 1st February 2022. [F. No. 450/139/2023-Cus IV] 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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