Friday, July 24, 2009

Section 26A of Customs Act, 1962 – Refund of Import Customs Duty on Defective imported goods

Chapter IV of Finance (No.2) Bill, 2009 has proposed a new section 26A in The Customs Act, 1962. This new amendment proposes to refund the import customs duty on rejected imported goods. Refund of import duty will be allowed if :

a. the imported goods are found to be defective or not in conformity with the specifications and they should not have been reworked or repaired or used after import
b. the defect / wrong specification should be identified to the satisfaction of the Assistant or Deputy Commissioner of Customs
c. the importer should not claim any drawback on this import
d. the goods should be exported back or destroyed in presence of proper officer or abandoned it at customs within 30 days of approval by Assistant or Deputy Commissioner
e. Application for refund should be made within 6 months of the relevant date (ie) the date on which exported or destroyed or abandoned.


This is a welcome provision, as hitherto the importers were losing the customs duty when they received defective materials.

3 comments:

  1. the goods which are exported ...can it be supplied to person other than original supplier.

    ReplyDelete
  2. as in bare act written goods shall be export.......

    ReplyDelete
  3. Positive site, where did u come up with the information on this posting?I have read a few of the articles on your website now, and I really like your style. Thanks a million and please keep up the effective work.Houston tax services

    ReplyDelete