In exercise of the powers conferred by the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby Exempts the goods falling within the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India for subsequent sale, from the whole of the Additional Duty of customs livable thereon under sub-section (5) of section 3 of the said Customs Tariff Act (hereinafter referred to as the said additional duty).
CUSTOMS CIRCULAR NO: 102 /2007 DATED 14.09.2007
As amended by notification no: 93/2008-customs, dated 01.08.2008. As per the said notification the goods falling within the first schedule to the Customs Tariff Act, 1975, ( 51 of 1975), when imported in to India for subsequent sale, are exempted from whole of the Additional duty of customs leviable thereon under sub section (5) of sec-3 of the said Customs Tariff Act, subject to fulfillment of conditions stipulated therein.
The exemption contained in this notification shall be given effect if the following conditions are fulfilled.
- The importer of the said goods shall pay all the duties, including said Additional duty of customs leviable thereon as applicable at the time of importation of the subject goods.
- The importer, while issuing the invoice for sale of goods, shall specifically indicate in the invoice that in respect of the goods covered therein, no credit of the additional duty of customs levied under sub section(5) of Sec3 of the Customs Tariff Act, 1975, shall be admissible.
- The importer shall file a claim for the refund of the said additional duty of customs paid on the imported goods with the jurisdictional customs officer before the expiry of one year from the date of payment of the said Additional Duty of Customs, with the customs office from where the imported goods are cleared.
- The importer shall pay on the sale of the said goods, the appropriate sales tax /or value added tax, as the case may be.