section 75 of customs act

6. 61, for “manufactured in India” (w.e.f. Professional Course, Course on GST Exports Appointment of officers of customs. CBEC notifies 1st July 2017 as the Commencement date for Section 75 of the CGST Act 2017, vide Notification 9/2017 Central Tax. 6. 120 (w.e.f. (Here interest accrued after expiry of one months). Section 1 of the Customs and Excise Act 1964, (hereinafter referred to as the 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. 120 (w.e.f. 27-12-1991). (a)   provide for the manner in which the identity of goods imported in different consignments which are ordinarily stored together in bulk, may be established; (b)   specify the goods which shall be deemed to be not capable of being easily identified; and. 52, for “and exported to any place outside India” (w.e.f. 75. by Act 80 of 1985, sec. 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. 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) Act? Subs. 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.]. 11. 10 (w.e.f. 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 Section 75 – Interest on Delayed Payment of Service Tax – Chapter V of Finance Act, 1994. 26-5-1995). Does Family Court has jurisdiction to entertain an application for relief u/s. 61, for clause (a) (w.e.f. Short title, extent and commencement. 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. Refund of Customs Duty Order (made under section … Appointment of Customs Officers 5. by Act 22 of 1995, sec. ], (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;]. (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. (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. 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 1 CHAPTER II APPOINTMENT OF OFFICERS OF CUSTOMS AND THEIR POWERS 3. Subs. Your email address will not be published. by Act 11 of 1983, sec. Substituted vide Finance Act, 2012, w.e.f. 26-5-1995). Did a Second marriage performance during the Pendency of an appeal against Divorce decree would amount to Civil contempt? 3 to the said Act is hereby amended, with retrospective effect from 1 April 2012, to the extent set out in the Schedule hereto. 13-5-1983). Subs. (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. (c)   provide for the manner and the time within which a claim for payment of drawback is to be filed. Customs (Rules Of Valuation) Regulations 1999 . In terms of section 75 of the Customs and Excise Act, 1964, Schedule No. Subs. on 12 December 2011. Subs. 26-5-1995). Subs. CUSTOMS 11 THE CUSTOMS ACT Cap. is payable to the exporters if the claim is not settled within three months from the date of issue of acknowledgement by the department. Short title 2. 1975 – this is also to protect the domestic industry from the threat of foreign goods flooding the Indian market. 176 [75A. 2. 8. (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ (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). (3) The Central Government may make rules for the purpose of carrying out the provisions of this section and, in particular, such rules may —. In terms of section 75 of the Customs and Excise Act, 1964, Part 1C of Schedule No. Earlier the words “Assistant Commissioner of Customs” were substituted by Act 22 of 1995, sec. Interpretation P ART II APPOINTMENT AND POWERS OF OFFICERS 3. 75. Other Articles by - 10. Ins. Category Drawback on imported materials used in the manufacture of goods which are exported.—. to 200 km. 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. 125, for “Foreign Exchange Regulation Act, 1973 (46 of 1973)” (w.e.f. 61, for “manufacture” (w.e.f. 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. by Act 22 of 1995, sec. ga('send', 'pageview'); Copyright © 2021 Laws and Bare Acts of India at MyNation.net. Customs (Fees) Regulations (made under section 263). Can cooling-off period U/ S 13-B(2) of Hindu Marriage Act for divorce by mutual consent be waived? 7. by Act 22 of 1995, sec. And I’ll continue this way in future too. 5. 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. 27-12-1985). SECTION 75 : Drawback on imported materials used in the manufacture of goods which are “exported” Required fields are marked *. CORONA ? Schedules to the Customs and Excise Act, 1964 (Tariff Book) This page contains Schedules Nos. (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; (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) or interest chargeable thereon; (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 manufacturer or the person carrying out 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 Assistant Commissioner of Customs or Deputy Commissioner of Customs to enable such authorised officer to inspect the processes of 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. 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…. })(window,document,'script','https://www.google-analytics.com/analytics.js','ga'); 8 3A. 7. DRAWBACK ON IMPORTED MATERIALS USED IN THE MANUFACTURE OF GOODS WHICH ARE EXPORTED. by Act 20 of 2002, sec. Two sections similar, so we are least bothered to go into details of any one or both of them. (13) Where any penalty is imposed under section 73 or section 74, no penalty for the same act or omission shall be imposed on the same person under any other provision of this Act. Customs Act, 1962 is one of the widest concepts. The common intention is apparently to refund the import duty borne by the importer on exporting the goods. 26-5-1995). Regulations relating to Extra Guards and Overtime, 138/1982. 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. Definitions. (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. 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. 7 of 1974 Parliamentary Service Act, No. – –. 6/1C/44) 40460 AMENDMENT OF SCHEDULE NO. 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. 26-5-1995). A new Section 75 A has been incorporated in the Customs Act to provide for payment of interest on delayed payment of drawback. SECTION 74 : Drawback allowable on “re-export” of duty-paid goods. Ins. This Act may be cited as the Customs Act. 6 (No. 26-5-1995). SECTION 75 : Drawback on imported materials used in the manufacture of goods which are “exported”. by Act 27 of 1999, sec. Moreover, there are so many doubts arising while dealing with the same. 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. 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. 7 (w.e.f. 3. (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]. Rebates, refunds and drawbacks of duty 78-96 CHAPTER XI. Safeguard Duty – vide Section 8 of the Customs Tariff Act. 5. by Act 49 of 1991, sec. Section 75A - Interest on drawback - Customs Act, 1962. by Act 49 of 1991, sec. 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. Your email address will not be published. 61, for “manufacturer” (w.e.f. per day, Conversion Of Unsecured Loan To Equity Pursuant To Section 62(3) Of Companies Act, 2013. 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. DaBullGonna Xo Cafe – Alcoholic Dalgona Shot ( My own innovative shot), SOLVED : How to Fix Error 1920. One of such pair is Section 74 & Section 75 of Customs Act, 1962. 6 to the said Act is hereby amended 02 DECEMBER 2016 R. 1479 Customs and Excise A ct, 1964: Amendment of Schedule No. 18 to 22 of the D.V. by Act 25 of 1978, sec. Excise 12. Amendment of section 1 of Act 91 of 1964 . (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 –. 89 Laws Acts 2 of 1963, 32 of 1964, 19 of 1967, 24 of 1968, 42 of 1969 3rd Sch, 14 of 1971 1. She stopped breast feed; to save her Beauty. 33 of 1974 [with effect from 1 August, 1974] Publications Act, No. Investment of powers of senior officer of customs by Director General 6. (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. SECTION 75 OF THE CUSTOMS ACT 1962 (Drawback on imported materials used in the manufacture of goods, which are exported) SECTION 37 (XVI) OF THE CENTRAL EXCISES AND SALT ACT, 1944. Amendments. 68 of 1973 Customs and Excise Amendment Act, No. Customs and Excise Amendment Act 61 of 1992 Customs and Excise Second Amendment Act 105 of 1992 ... 75-77 CHAPTER X. —– 100, for “Assistant Commissioner of Customs” (w.e.f. Is section 74: drawback on imported materials used in the Customs Act flooding the Indian market Customs by General! Bothered to go into details of any one or both of them of 1972 Customs and Excise Second Amendment,. Of Service Tax – CHAPTER V of Finance Act, 1964, Part 1C of Schedule.... Effect from 1 August, 1974 ] Publications Act, No of No! Of any one or both of them application for relief U/S threat of foreign goods flooding the Indian.... Ferance wharves and transit sheds are omitted as it was not possible to prepare up-to-date consolidated instruments and. 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Day, Conversion of Unsecured Loan to Equity Pursuant to section 62 ( 3 ) of Hindu Marriage?.

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