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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
(CENTRAL BOARD OF EXCISE AND CUSTOMS)
Notification No. 134/2016-Customs (N.T.)
New Delhi, dated the 2nd November, 2016
G.S.R. (E)---- In exercise of the powers conferred
by the proviso to
sub-section (1) of sections 47 and
section 156 of the
Customs Act, 1962 (52 of 1962), the Central Government hereby makes
the following rules, namely :-
1. Short title and commencement. - (1) These rules
may be called the Deferred Payment of Import Duty Rules, 2016.
(2) They shall come into force on the 16th day of November, 2016.
2. Definitions. -(1) In these rules, unless the
context otherwise requires,-
(a) “Act” means the
Customs Act, 1962 (52 of 1962);
(b) “due date” means the date specified in
rule 5 of these rules;
(c) “eligible importer” means any class of
importers notified under proviso to
sub section (1) of section 47 of the
Act.
(2) Words and expressions used and not defined herein but defined in
the Act, shall have the meanings respectively assigned to them in the
Act.
3. Application.- These rules shall apply to eligible
importer who have been notified under the proviso to
sub-section (1) of section 47 of the
Act.
4. Information about intent to avail benefit of notification.-
(1) An eligible importer who intends to avail the benefit under
sub-section (1) of section 47 of the
Act shall intimate to the Principal Commissioner of Customs or the
Commissioner of Customs, as the case may be, having jurisdiction over
the port of clearance, his intention to avail the said benefit.
(2) The Principal Commissioner of Customs or the Commissioner of
Customs, as the case may be, shall, upon being satisfied with the
eligibility of the importer to pay the duty under these rules, allow the
eligible importer to pay the duty by due dates specified in rule 5.
5. Payment of duty.- The eligible importer shall pay
the duty by the dates specified hereunder inclusive of the period
(excluding holidays) as mentioned in
sub-section (2) of section 47 of the
Act, namely:-
(a) for goods corresponding to Bill of
Entry returned for payment from 1st day to 15th day of any month, the
duty shall be paid by the 17th day of that month;
(b) for goods corresponding to Bill of
Entry returned for payment from 16th day till the last day of any month
other than March the duty shall be paid by the 2nd day of the following
month;
(c) for goods corresponding to Bill of
Entry returned for payment from 16th day till the 29th day of March, the
duty shall be paid by the 31st March;
(d) for goods corresponding to Bill of
Entry returned for payment from 30th day of March to 31st day of March,
the duty shall be paid by the 2nd April.
6. Manner of payment.- The eligible importer shall
pay the duty electronically:
Provided that the Assistant Commissioner or the Deputy Commissioner
of Customs, as the case may be, for reasons to be recorded in writing,
may allow payment of duty by any mode other than electronic payment.
7. Deferred payment not to apply in certain cases.-
An eligible importer who fails to pay duty in full by due date more than
once in a period of three consecutive months shall not be permitted to
make deferred payment.
Provided that the facility of deferred payment shall not be restored
unless the eligible importer has paid the duty in full along with the
interest.
8. Exemption in respect of certain goods.- Nothing
contained in these rules shall apply to the goods which have not been
assessed or not declared by the importer in the entry made under the
Act.
[F.No. 450/81/2016-Cus.IV]
(Shaifali G. Singh)
Under Secretary to the Govt. of India
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