Provisional assessment of duty

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....t the proper officer deems it necessary to make further enquiry; or                (d) where necessary documents have not been produced or information has not been furnished and the proper officer deems it necessary to make further enquiry, ^11[the proper officer may assess the duty leviable on such goods, provisionally,] if the importer or the exporter, as the case may be, furnishes such security as the proper officer deems fit for the payment of the deficiency, if any, between the duty as may be finally assessed or re-assessed, as the case may be and the duty provisionally assessed.] ^9[(1A) Where, pursuant to the provisional assessment under sub-sectio....

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....the High Court or the Supreme Court; or (d) the Board has, in a similar matter, issued specific direction or order to keep such matter pending; or (e) the importer or exporter has a pending application before the Settlement Commission or the Interim Board, the proper officer shall inform the importer or exporter concerned, the reason for non-finalisation of the provisional assessment and in such case, the time specified in sub-section (1B) shall apply not from the date of the provisional assessment but from the date when such reason ceases to exist.] (2) When the duty leviable on such goods is assessed finally^ ^4[or re-assessed by the proper officer] in accordance with the provisions of this Act, then- (a) ....

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....n 27A till the date of refund of such amount. (5) The amount of duty refundable under sub-section (2) and the interest under sub-section (4), if any, shall, instead of being credited to the Fund, be paid to the importer or the exporter, as the case may be, if such amount is relatable to- (a) the duty and interest, if any, paid on such duty paid by the importer, or the exporter, as the case may be, if he had not passed on the incidence of such duty and interest, if any, paid on such duty to any other person; (b) the duty and interest, if any, paid on such duty on imports made by an individual for his personal use; (c) the duty and interest, if any, paid on such duty borne by the buyer, if he had not passed ....

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....may, pending the production of such documents or furnishing of such information or completion of such test or enquiry, be assessed provisionally if the importer or the exporter, as the case may be, furnishes such security as the proper officer deems fit for the payment of the deficiency, if any, between the duty finally assessed and the duty provisionally assessed." 4.  Inserted vide Section 39 of the Finance Act, 2011 w.e.f. 08-04-2011  5.  Substituted vide Section 39 of the Finance Act, 2011 w.e.f. 08-04-2011 before it was read as, "finally assessed" 5A.  Substituted vide Section 39 of the Finance Act, 2011 w.e.f. 08-04-2011 before it was read as, "finally asses....