Customs (Provisional
Duty Assessment) Regulations, 2011
Notification No. 81/2011 – Customs (N.T.) Dated 25.11.2011
In exercise of the
powers conferred by section 157 of the Customs Act, 1962 (52 of 1962), read with
section 18 of the said Act, and in supersession of the Customs (Provisional
Duty Assessment) Regulations, 1963, except as respects things done or omitted
to be done before such supersession, the Central Board of Excise and Customs
hereby makes the following regulations, namely:-
1. Short title and commencement – (1) These
regulations may be called the Customs (Provisional Duty Assessment)
Regulations, 2011.
(2) They shall come into force on the date of
their publication in the Official Gazette.
2. Conditions for allowing provisional
assessment.-
(1) Where-
a)
an importer or an exporter, as the case may
be, is unable to make self-assessment under sub-section (1) of section 17 of
the Customs Act, 1962 (52 of 1962) and makes a request in writing to the proper
officer for assessment; or
b)
the proper officer on account of any of the
grounds specified in sub-section (1) of section 18 of the said Act, is not able
to verify the self-assessment or make re-assessment of the duty on the imported
goods or the export goods, as the case may be,
he shall make an estimate of the duty to be
levied (hereinafter referred to as the provisional duty).
(2) If
the importer or the exporter, as the case may be, executes a bond in an amount
equal to the difference between the duty that may be finally assessed or re-assessed and the provisional
duty and deposits with the proper officer such sum not exceeding twenty per
cent of the provisional duty, as
the proper officer may direct, the proper officer may assess the duty on the
goods provisionally at an amount equal to the provisional duty.
3. Terms of the bond. –
(1) Where
provisional assessment is allowed on request of the importer or the exporter, as
the case may be, the bond referred to in regulation 2 shall contain an
undertaking that he shall pay the deficiency, if any, between the duty finally
assessed or re-assessed, as the case may be, and the duty provisionally
assessed.
(2)
Where provisional assessment
is allowed pending the completion of any test or enquiry, the bond referred to
in regulation 2 shall contain an undertaking that he shall pay the deficiency,
if any, between the duty finally assessed or reassessed, as the case may be,
and the duty provisionally
assessed.
(3)
Where provisional assessment is allowed pending the production of any
document or furnishing of any information by the importer or the exporter, as
the case may be, the bond referred to in regulation shall contain an undertaking that he shall produce
such document or information within one month or within such extended period as
the proper officer may allow, and the person executing the bond shall pay the
deficiency, if any, between the duty finally assessed or re-assessed, as the
case may be, and the duty provisionally
assessed.
4. Surety or security of the bond. - The proper officer may require that the bond
to be executed under these regulations may be with such surety or security, or
both, as he deems fit.
5. Penalty.-
If any importer or exporter contravenes any provision of
these regulations or abets such contravention, or who fails to comply with any
provision of these regulations with which it was his duty to comply, he shall
be liable to a penalty which may extend to fifty thousand rupees.
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