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Issue ID: 108767
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Interest payble on Non fullfillment of Export obligation under Advance Authorisation Scheme to custom

Date 19 Jun 2015
Replies 3 Replies
Views 2691 Views
Asked by
Interest on delayed customs duty: statutory late payment rate can be applied despite a lower bond rate.
Where duty concession under the Advance Authorisation scheme is forfeited for non fulfilment of export obligation, customs treats the unpaid duty as delayed payment and charges interest from the date duty became payable; the bond or bank guarantee should be consulted for procedural details but does not override the statutory interest regime applied by customs on delayed duty recovery. (AI Summary)

We have clear the material under Advance License scheme before discharging the export obligation. Due to Non full fillment of export obligation we required to pay the custom duty along with interest to the custom.

we want to know the rate of interest payble to custom along with the notification under which we make the payment

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Replied on Jun 19, 2015
1.

Sir,

please refer BG/Bond which you had submitted with the custom during the time of clearance of goods. you will get it all details.

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Replied on Jun 19, 2015
2.

we have submitted the bond for interest @ 15% where as custom charged the interest @ 18% as delayed payment of custom duty

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Replied on Jun 22, 2015
3.

What you had mentioned in the Bond is wrong.

Normally, where duty waiver/concession is availed under Notification and subsequently the duty becomes payable either one reason or other, interest on the delayed payment of duty works out @ 18% Hence, the demand by Customs is correct.

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