Custom
TRT-2025-
Date:-31-03-23
In:-
Issue Favourable to Tax Payer ?:-
Key Pointers:
- NOTIFICATION No. 21/2023 – Customs: Exempts materials imported into India under a valid Advance Authorisation issued by the Regional Authority, from the customs duty and other levies specified in the First Schedule to the Customs Tariff Act, 1975. However, this exemption is subject to certain conditions, such as the production of the authorisation at the time of clearance, compliance with the value and quantity limits specified in the authorisation, and execution of a bond in case of imports made before the discharge of export obligation in full. It also specifies the conditions for availing of certain rebates and credits under the Central Excise Rules, 2017, and the Goods and Services Tax laws.
- NOTIFICATION No. 22/2023 – Customs: Exempts materials required for the manufacture of final goods from the customs duty when imported into India. The exemption is subject to certain conditions, including the requirement that the importer has been granted an Advance Authorization for deemed export by the Regional Authority in terms of paragraph 4.05(c)(iii) of the Foreign Trade Policy. Also specifies the requirements for imports made after the discharge of export obligation, including the furnishing of a bond and the submission of a certificate from the jurisdictional Central Excise officer or a specified chartered accountant within 6 months from the date of clearance of the materials. The notification specifies the requirements for the discharge of export obligation and the production of evidence of having discharged obligation to supply final goods to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of Customs.
- NOTIFICATION No. 23/2023 – Customs: Exempts materials imported into India, against a valid Advance Authorisation for Annual Requirement (AAAR) with actual user condition issued by the Regional Authority in terms of Paragraph 4.07 of the Foreign Trade Policy from the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the additional duty leviable thereon under sub-sections (1), (3) and (5) of section 3, integrated tax leviable thereon under sub-section (7) of section 3, the goods and services tax compensation cess leviable thereon under sub-section (9) of section3, safeguard duty leviable thereon under section 8B, countervailing duty leviable thereon under section 9, and anti-dumping duty leviable thereon under section 9A of the said Customs Tariff Act, subject to certain conditions. These conditions include producing the AAAR before the customs officer at the time of clearance, importing materials with specific technical characteristics, quality, and specifications, executing a bond with surety or security, among others. It also specifies the provisions for imports made before and after the discharge of export obligation.
- NOTIFICATION No. 24/2023 – Customs: Issued under section 25(1) of the Customs Act, 1962, exempting materials imported into India against an Advance Authorisation issued for export of a prohibited item from customs duty and other levies. The exemption is subject to certain conditions, including the production of the Advance Authorisation at the time of clearance, compliance with prescribed norms, execution of a bond for payment of duty if conditions are not complied with, and discharge of export obligations within ninety days. It also specifies the seaports, airports, Inland Container Depots, and Land Customs Stations through which the imports and exports must be made.
- NOTIFICATION No. 25/2023 – Customs: Issued under section 25(1) of the Customs Act, 1962, grants exemption from customs duty to materials imported into India against a valid Duty Free Import Authorisation issued by the Regional Authority in accordance with paragraphs 4.24 and 4.26 of the Foreign Trade Policy. The exemption is subject to certain conditions, including the endorsement of Standard Input Output Norms (SION) number, description, quantity, and Free on Board value of the resultant product exported, and the declaration of particulars of the imported materials used in the shipping bill or bill of export. The authorisation is transferable subject to specified conditions, and imports and exports must be made through designated ports or inland container depots, or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005. It also allows for re-export of defective or unfit materials within six months, subject to certain conditions. The terms used in the notification, such as "Foreign Trade Policy", "Manufacture", and "Materials", are defined for the purpose of this notification.
- NOTIFICATION No. 26/2023 – Customs: In accordance with section 25(1) of the Customs Act, 1962 (52 of 1962), the Central Government has granted an exemption for goods listed in Table 1, recognizing that such action is in the public interest. The exemption applies to the entire customs duty chargeable under the First Schedule of the Customs Tariff Act, 1975 (51 of 1975), as well as the full additional duty that may be levied under sub-sections (1), (3), and (5) of section 3 of the Customs Tariff Act, provided that the importer has made a specific request for the exemption. Additionally, the exemption applies to the whole of the integrated tax and the goods and services tax compensation cess that may be imposed under sub-sections (7) and (9) of section 3 of the Customs Tariff Act.
- NOTIFICATION No. 27/2023 – Customs: Issued by the Central Government of India under the Customs Act, 1962. The notification exempts fabrics, including interlining, imported into India against a valid Special Advance Authorisation from paying the whole customs duty leviable on them, subject to certain conditions. The conditions include producing the authorization at the time of clearance, importing fabrics that correspond to the description and specifications in the authorization, executing a bond with surety or security for the payment of duty if the conditions are not met, and discharging the export obligation within the period specified in the authorization. The fabrics cannot be transferred or sold, but they can be transferred to a job worker for processing subject to certain conditions. If the fabrics are found to be defective or unfit for use, they may be re-exported back to the foreign supplier within six months from the date of clearance or such extended period as the Commissioner of Customs may allow.
- NOTIFICATION No. 24/2023-Customs (N.T.): Issued by the Central Government under section 51B(1) of the Customs Act, 1962, which notifies the manner of issue of duty credit for goods exported under the Scheme for Remission of Duties and Taxes on Exported Products (RoDTEP). It specifies the conditions and restrictions subject to which duty credit will be issued. also specifies the conditions under which duty credit can be cancelled or recovered. Where a person contravenes any of the provisions of the Act or any other law for the time being in force or the rules or regulations made thereunder in relation to exports to which the duty credit relates, the Principal Commissioner of Customs or Commissioner of Customs having jurisdiction over the customs station of registration of the e-scrip may, after enquiry, pass an order to cancel the said duty credit or e-scrip.
- NOTIFICATION No. 25/2023-Customs (N.T.): Notify the manner of issuing duty credit for goods exported under the Scheme for Rebate of State and Central Taxes and Levies, subject to certain conditions and restrictions. The duty credit can be used for payment of customs duty when importing goods into India. It also specifies the eligibility criteria for the duty credit, the sectors that are not eligible, the procedure for cancellation of duty credit, and the action that can be taken against any contravention of the provisions of the Customs Act or any other law in force.
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