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Customs (Provisional Duty Assessment) Regulations, 1963
Notification No. 181-Cus., dated 13th July, 1963.
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, the Central Board of Revenue
makes the following regulations, namely:
1.Short title.-
These regulations may be
called the Customs (Provisional Duty Assessment) Regulations,
1963.
2. Conditions for allowing provisional assessment.-
Where the proper officer on account of any of
the grounds specified in sub-section (1) of section 18 of the
Customs Act, 1962 (52 of 1962), is not able to make a final
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 that is most likely to be levied hereinafter referred to
as the provisional duty. 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 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.-
(a)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 terms of the bond shall be that such document shall
be produced or such information shall be furnished 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 and the
duty provisionally assessed.
(b)Where provisional assessment is allowed
pending the completion of any test or enquiry, the terms of
the bond shall be that the person executing the bond shall
pay the deficiency, if any, between the duty finally assessed
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.
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