Ins. SECTION 74 : Drawback allowable on “re-export” of duty-paid goods. 7 (w.e.f. CA Dhiraj Ramchandani, You can also submit your article by sending to article@caclubindia.com, GST certification Customs and Excise Amendment Act 61 of 1992 Customs and Excise Second Amendment Act 105 of 1992 ... 75-77 CHAPTER X. 18 to 22 of the D.V. CUSTOMS 11 THE CUSTOMS ACT Cap. DaBullGonna Xo Cafe – Alcoholic Dalgona Shot ( My own innovative shot), SOLVED : How to Fix Error 1920. Service ‘Office Software Protection Platform’ (osppsvc) failed to start’, KORLAI – Portuguese speaking village in India, FLAGS SIMILAR TO AUSTRALIA AND NEW ZEALAND, COVID-19 defeated – How i cured myself, Symptoms and treatment for Corona at home, Rinascerò, Rinascerai – Roby Facchinetti – PLEASE FORWARD. A new Section 75 A has been incorporated in the Customs Act to provide for payment of interest on delayed payment of drawback. 120 (w.e.f. DRAWBACK ON IMPORTED MATERIALS USED IN THE MANUFACTURE OF GOODS WHICH ARE EXPORTED. on 12 December 2011. Subs. Investment of powers of senior officer of customs by Director General 6. Act 235 CUSTOMS ACT 1967 ARRANGEMENT OF SECTIONS P ART I PRELIMINARY Section 1. 8 3A. Appointment of Director General, Deputy Director General and other officers 4. m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) Amendments. 7 of 1974 Parliamentary Service Act, No. THE CUSTOMS ACT,1969 (i) CONTENTS CHAPTER 1 PRELIMINARY Section Page 1. 5. 75. by Act 49 of 1991, sec. 9[(aa) for specifying the goods in respect of which no drawback shall be allowed; (ab) for specifying the procedure for recovery or adjustment of the amount of any drawback which had been allowed under sub-section (1) 10[or interest chargeable thereon];]. 26-5-1995). 19 of 1971, 29 of 1971, 7 of 1974, S.6., 45 of 1975, 25 of 1978, 12 of 1985 Sch., 4 of 1991, 35 of 1997, 16 of 2000, 3 of 2001, 25 of 2003, 14 of 2004, 16 of 2009. 61, for clause (a) (w.e.f. (1) These regulations may be cited as the Customs … Home remedies for Cough/Cold and Fever, URINE – Water of Life, Fountain of Youth, Potion of beauty, Homemade oil for Soft Smooth beautiful Skin, Some Questions to Indian law makers. Customs and Excise Rules (Act 91 of 1964) (Including amendments published up to 27 November 2020) 2 (a) With effect from 1 October 2006 for the purposes of any rule published under any section of the Act, unless otherwise specified or the context otherwise indicates - by Act 25 of 1978, sec. 10[(d) for the manner and the time within which the claim for payment of drawback may be filed;], 10[(3) The power to make rules conferred by sub-section (2) shall include the power to give drawback with retrospective effect from a date not earlier than the date of changes in the rates of duty on inputs used in the export goods.]. In terms of section 75 of the Customs and Excise Act, 1964, Schedule No. 61, for “manufacture” (w.e.f. Short title, extent and commencement. 1 to 6, 8 and 10 to the Customs and Excise Act, 1964. (3) The Central Government may make rules for the purpose of carrying out the provisions of this section and, in particular, such rules may —. Drawback allowable on Re-export of duty paid goods (Section 74): According to section 74 of Customs Act 1962, when duty paid imported goods are re-exported in used or unused condition within two years, the importer may claim refund of import duty up to maximum 98% … section 14 of the Customs Act, 1962, be the aggregate of— (a) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (b) 1975 – this is also to protect the domestic industry from the threat of foreign goods flooding the Indian market. – –. Other Articles by - Amendments History: 1. 6/1C/44) 40460 AMENDMENT OF SCHEDULE NO. The common intention is apparently to refund the import duty borne by the importer on exporting the goods. 1 2. 10 (w.e.f. Duty Drawback is governed by a couple of sections in the Customs Act, 1962 namely Sec.74 and Sec.75. (d) for the manner and the time within which the claim for payment of drawback may be filed; (3) The power to make rules conferred by sub-section (2) shall include the power to give drawback with retrospective effect from a date not earlier than the date of changes in the rates of duty on inputs used in the export goods. 176 [75A. X X X X Extracts X X X X..... ction 28AA] and the amount of interest shall be calculated for the period beginning from the date of payment of such drawback to the claimant till the date of recovery of such drawback. Section 1 of the Customs and Excise Act 1964, (hereinafter referred to as the 75. Customs (Fees) Regulations (made under section 263). Both talk about exporting the goods, after importing certain goods. 6 to the said Act is hereby amended 02 DECEMBER 2016 R. 1479 Customs and Excise A ct, 1964: Amendment of Schedule No. Can cooling-off period U/ S 13-B(2) of Hindu Marriage Act for divorce by mutual consent be waived? 26-5-1995). (b) in the case of goods assessed to duty provisionally under section 18, the date of payment of the provisional duty shall be deemed to be the date of payment of duty. 6. 125, for “Foreign Exchange Regulation Act, 1973 (46 of 1973)” (w.e.f. Does Family Court has jurisdiction to entertain an application for relief u/s. 1 CHAPTER II APPOINTMENT OF OFFICERS OF CUSTOMS AND THEIR POWERS 3. In exercise of the powers conferred by subsection 142(35B) of the Customs Act 1967 [Act 235], the Minister makes the following regulations: Citation And Commencement . Substituted vide Finance Act, 2012, w.e.f. Your email address will not be published. (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ 1 January 1965. 3. Section 75A in the Customs Act, 1962. (1) Where it appears to the Central Government that in respect of goods of any class or description 1[manufactured, processed or on which any operation has been carried out in India] 2[, being goods which have been entered for export and in respect of which an order permitting the clearance and loading thereof for exportation has been made under section 51 by the proper officer], 3[or being goods entered for export by post under section 82 and in respect of which an order permitting clearance for exportation has been made by the proper officer], a drawback should be allowed of duties of customs chargeable under this Act on any imported materials of a class or description used in the 4[manufacture or processing of such goods or carrying out any operation on such goods], the Central Government may, by notification in the Official Gazette, direct that drawback shall be allowed in respect of such goods in accordance with, and subject to, the rules made under sub-section (2): 5[Provided that no drawback shall be allowed under this sub-section in respect of any of the aforesaid goods which the Central Government may, by rules made under sub-section (2), specify, if the export value of such goods or class of goods is less than the value of the imported materials used in the 4[manufacture or processing of such goods or carrying out any operation on such goods] or class of goods, or is not more than such percentage of the value of the imported materials used in the 4[manufacture or processing of such goods or carrying out any operation on such goods] or class of goods as the Central Government may, by notification in the Official Gazette, specify in this behalf: Provided further that where any drawback has been allowed on any goods under this sub-section and the sale proceeds in respect of such goods are not received by or on behalf of the exporter in India within the time allowed under the 6[Foreign Exchange Management Act, 1999 (42 of 1999)], such drawback shall be deemed never to have been allowed and the Central Government may, by rules made under sub-section (2), specify the procedure for the recovery or adjustment of the amount of such drawback]. She stopped breast feed; to save her Beauty. Customs and Excise Amendment Act, No. CIFTA Verification of Origin Regulations (SOR/97-75) CJFTA Verification of Origin Regulations (SOR/2014-283) CPAFTA Verification of Origin Regulations (SOR/2016-146) CPFTA Verification of Origin Regulations (SOR/2013-216) Customs Brokers Licensing Regulations (SOR/86-1067) Customs Controlled Areas Regulations (SOR/2013-127) Interest on drawback.—. 11-5-2002). Commencement. 61, for “manufacturer” (w.e.f. 89 Laws Acts 2 of 1963, 32 of 1964, 19 of 1967, 24 of 1968, 42 of 1969 3rd Sch, 14 of 1971 1. Two sections similar, so we are least bothered to go into details of any one or both of them. (2) The Central Government may make rules for the purpose of carrying out the provisions of sub-section (1) and, in particular, such rules may provide –. Ins. Professional Course, India's largest network for finance professionals, Section 74 Vs Section 75 of Customs Act, 1962, Process for Aadhaar Authentication or EKYC for Existing Taxpayer, Quarterly Return Monthly Payment under GST, Seizure of undisclosed jewellery and its assessment thereupon- Legal Treatise, Validity of e-way bill narrowed by increasing distance from 100 km. (a) goods shall be deemed to have been entered for export on the date with reference to which the rate of duty is calculated under section 16; (b) in the case of goods assessed to duty provisionally under section 18, the date of payment of the provisional duty shall be deemed to be the date of payment of duty. Professional Course, Course on GST Exports With respect to Countervailing Duties which are leviable under section 9 of the Customs Tariff Act, the Board clarifies that these are rebatable as Drawback in terms of Section 75 of the Customs Act. Login / Subscribe to Access Full Page Section 75 - Drawback on imported materials used in the manufacture of goods which are exported - Customs Act, 1962 X X X X Extracts X X X X Ins. 10. 1-7-1978). 8. (b) The goods are entered for export within two years from the date of payment of duty on the importation thereof : Provided that in any particular case the aforesaid period of two years may, on sufficient cause being shown, be extended by the Board by such further period as it may deem fit. 26-5-1995). Rebates, refunds and drawbacks of duty 78-96 CHAPTER XI. Professional Course, Online Excel Course ga('send', 'pageview'); Copyright © 2021 Laws and Bare Acts of India at MyNation.net. 5. (c) provide for the manner and the time within which a claim for payment of drawback is to be filed. by Act 22 of 1995, sec. Subs. Drawback on imported materials used in the manufacture of goods which are exported.—. Customs Act, 1962 is one of the widest concepts. 27-12-1985). 61, for “manufactured in India” (w.e.f. 52, for “and exported to any place outside India” (w.e.f. (1) Where it appears to the Central Government that in respect of goods of any class or description manufactured, processed or on which any operation has been carried out in India , being goods which have been entered for export and in respect of which an order permitting the clearance and loading thereof for exportation has been made under section 51 by the proper officer, or being goods entered for export by post under section 82 and in respect of which an order permitting clearance for exportation has been made by the proper officer, a drawback should be allowed of duties of customs chargeable under this Act on any imported materials of a class or description used in the manufacture or processing of such goods or carrying out any operation on such goods, the Central Government may, by notification in the Official Gazette, direct that drawback shall be allowed in respect of such goods in accordance with, and subject to, the rules made under sub-section (2). 68 of 1973 Customs and Excise Amendment Act, No. The Customs and Excise Act 91 of 1964 intends: to provide for the levying of customs and excise duties, the prohibition and control of the importation or manufacture or certain goods and; for matters incidental thereto. Schedules to the Customs and Excise Act, 1964 (Tariff Book) This page contains Schedules Nos. 26-5-1995). (Here interest accrued after expiry of one months). (b) for the production of such certificates, documents and other evidence in support of each claim of drawback as may be necessary; (c) for requiring the 11[manufacturer or the person carrying on any process or other operation] to give access to every part of his manufactory to any officer of customs specially authorised in this behalf by the 12[Assistant Commissioner of Customs or Deputy Commissioner of Customs] to enable such authorised officer to inspect the processes of 13[manufacture, process or any other operation carried out] and to verify by actual check or otherwise the statements made in support of the claim for drawback. by Act 22 of 1995, sec. by Act 22 of 1995, sec. (1A) Where it appears to the Central Government that the quantity of a particular material imported into India is more than the total quantity of like material that has been used in the goods manufactured, processed or on which any operation has been carried out in India and exported outside India, then, the Central Government may, by notification in the Official Gazette, declare that so much of the material as is contained in the goods exported shall, for the purpose of sub-section (1), be deemed to be imported material. Ins. Earlier the words “Assistant Commissioner of Customs” were substituted by Act 22 of 1995, sec. 4. Comment document.getElementById("comment").setAttribute( "id", "ac8424938b6e0a129970f765210ea92b" );document.getElementById("g96885210e").setAttribute( "id", "comment" ); We are Not Lawyers, but No Lawyer will give you Advice like We do, Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration JOIN WELCOME GROUP HERE, We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…. 89 of 1971 Customs and Excise Amendment Act, No. SECTION 75 : Drawback on imported materials used in the manufacture of goods which are “exported” Subs. Section 2(3): subpart 3 of Part 5 brought into force, on 1 October 2018, by clause 2 of the Customs and Excise Act 2018 Commencement Order 2018 (LI 2018/148). CBEC notifies 1st July 2017 as the Commencement date for Section 75 of the CGST Act 2017, vide Notification 9/2017 Central Tax. I know, many of us too get such doubts, but under exam pressure, we just ignore them, but this is not advisable, infact this is a common mistake committed by every student. Yet, they got their own different views. by Act 11 of 1983, sec. 7[(1A) Where it appears to the Central Government that the quantity of a particular material imported into India is more than the total quantity of like material that has been used in the goods 1[manufactured, processed or on which any operation has been carried out in India] and exported outside India, then, the Central Government may, by notification in the Official Gazette, declare that so much of the material as is contained in the goods exported shall, for the purpose of sub-section (1), be deemed to be imported material. Subs. by Act 22 of 1995, sec. by Act 22 of 1995, sec. to 200 km. Subs. CORONA ? 61, for “manufacture of such goods” (w.e.f. Deemed Exports provision under FTP also provides drawback for deemed export purposes. The Directorate General (Intelligence and Investigation), 8 Customs and Federal Excise 3B. 60 of Act 59 of 2000, section 113 of Act 60 of 2001, section 131 of Act 45 of 2003, section66ofAct32of2004,section85ofAct31of2005,section7ofAct21of2006, section 10 of Act 9 of 2007, section 4 of Act 36 of 2007 and section 22 of Act 61 of 2008 1. (2) Notwithstanding anything contained in sub-section (1), the rate of drawback in the case of goods which have been used after the importation thereof shall be such as the Central Government, having regard to the duration of use, depreciation in value and other relevant circumstances, may, by notification in the Official Gazette, fix. Categories of Duty Drawback. Customs dues, suf ferance wharves and transit sheds are omitted as it was not possible to prepare up-to-date consolidated instruments. 50, for the words “Assistant Collector of Customs” (w.e.f. Subs. 27-12-1991). 6. 27-12-1991). CA Dhiraj Ramchandani Ins. by Act 20 of 2002, sec. Duty Drawback under section 75 of Customs Act scheme provides refund of duties (Customs & Central Excise) paid on Raw Material & Inputs that have gone in production of goods for exports. Appointment of officers of customs. 1. 11. 6 (No. Section 74 specifically defines that the FINAL GOODS are imported and later re-exported, while Section 75 says for importing RAW MATERIAL first, process the same, and resultant FINAL GOODS are to be exported. “import” means to bring or cause to be brought into the customs territory by any means from any place including a free trade zone; except that goods bona fide in transit, including goods which have been taken into any free trade zone from outside the customs territory or transhipped, shall not, for the purpose of the levy of customs duties or excise duties, be deemed to be imported unless they are or become … Required fields are marked *. Section 75 in the Customs Act, 1962. Refund of Customs Duty Order (made under section … 61 (w.e.f. 26-5-1995). of Rights on Divorce) Act, 1986, The Muslim Personal Law (Shariat) Application Act, 1937, The Code of Criminal Procedure, 1973 (CrPc), No material evidence 498A against Parents quashed. 3 to the said Act is hereby amended, with retrospective effect from 1 April 2012, to the extent set out in the Schedule hereto. Section 75 – Interest on Delayed Payment of Service Tax – Chapter V of Finance Act, 1994. by Act 22 of 1995, sec. Interpretation P ART II APPOINTMENT AND POWERS OF OFFICERS 3. 26-5-1995). 1. Amendment of section 1 of Act 91 of 1964 . Section 75A (1) of the Customs Act stipulate that in case of delayed payment of drawback under section 74 and 75 of the Act, interest at the rate of 6% prescribed under Section 27A will be applicable. 2. Excise Regulations relating to Extra Guards and Overtime, 138/1982. Appointment of Customs Officers 5. Moreover, there are so many doubts arising while dealing with the same. Customs (Rules Of Valuation) Regulations 1999 . Did a Second marriage performance during the Pendency of an appeal against Divorce decree would amount to Civil contempt? (i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o), 100, for “Assistant Commissioner of Customs” (w.e.f. 33 of 1974 [with effect from 1 August, 1974] Publications Act, No. Laws and Bare Acts of India at MyNation.net, MISUSE OF ANTI-DOWRY LAWS IN MARITAL DISPUTES, Section 4 – The Muslim Women (Protection (1) When any goods capable of being easily identified which have been imported into India and upon which any duty has been paid on importation: -, (i) are entered for export and the proper officer makes an order permitting clearance and loading of the goods for exportation under section 51; or, (ii) are to be exported as baggage and the owner of such baggage, for the purpose of clearing it, makes a declaration of its contents to the proper officer under section 77 (which declaration shall be deemed to be an entry for export for the purposes of this section) and such officer makes an order permitting clearance of the goods for exportation; or, (iii) are entered for export by post under section 82 and the proper officer makes an order permitting clearance of the goods for exportation, ninety-eight per cent of such duty shall, except as otherwise hereinafter provided, be re-paid as drawback, if -, (a) The goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported; and. for sure they dont have any answer, STUDY ON MEN – LEGALISING MISANDRY TO EMPOWER WOMEN, 4 DIRECTIONS CAN CLEAR JUDICIARY BACKLOG OF MATRIMONIAL CASES, SHAME on you NLUD for bias and promoting Gender divide, DOMESTIC VIOLENCE STUDY – Men are victims too, EXPOSED : Truth about National Commission for Women, 40% of Indian married women have regular Sexual intercourse with Lovers outside marriage, Navi Mumbai: A mother-daughter duo was arrested for murder of woman. Subs. Section 1 of the Customs and Excise Act, 1964, is hereby amended – (a) by the insertion after the definition of “customs duty” of the following definitions: “’degrouping depot’ means any degrouping depot for air cargo contemplated in section 6 (1) (LC) and licensed under the provisions of ], (2) The Central Government may make rules for the purpose of carrying out the provisions of sub-section (1) and, in particular, such rules may provide—, 8[(a) for the payment of drawback equal to the amount of duty actually paid on the imported materials used in the manufacture or processing of the goods or carrying out any operation on the goods or as is specified in the rules as the average amount of duty paid on the materials of that class or description used in the manufacture or processing of export goods or carrying out any operation on export goods of that class or description either by manufacturers generally or by persons processing or carrying on any operation generally or by any particular manufacturer or particular person carrying on any process or other operation, and interest, if any, payable thereon;]. 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