Rule 5. Procedure to be followed

Official text

Rule5. Procedure to be followed. —

(1)The importer who intends to avail the benefit of an exemption notificationshall provide information-

(a)in duplicate, to the Deputy Commissioner of Customs or, as the case may be,Assistant Commissioner of Customs having jurisdiction over the premises wherethe imported goods shall be put to use for manufacture of goods or forrendering output service, the estimated quantity and value of the goods to beimported, particulars of the exemption notification applicable on such importand the port of import in respect of a particular consignment for a period notexceeding one year; and

(b)in one set, to the Deputy Commissioner of Customs or, as thecase may be, Assistant Commissioner of Customs at the Custom Station ofimportation.

(2)The importer who intends to avail the benefit of an exemption notificationshall submit a continuity bond with such surety or security as deemedappropriate by the Deputy Commissioner of Customs or Assistant Commissioner ofCustoms having jurisdiction over the premises where the imported goods shall beput to use for manufacture of goods or for rendering output service, with anundertaking to pay the amount equal to the difference between the duty leviableon inputs but for the exemption and that already paid, if any, at the time ofimportation, along with interest, at the rate fixed by notification issuedunder section 28AA of the Act, for the period starting from the date ofimportation of the goods on which the exemption was availed and ending with thedate of actual payment of the entire amount of the difference of duty that heis liable to pay.

(3)The Deputy Commissioner of Customs or, as the case may be, AssistantCommissioner of Customs having jurisdiction over the premises where theimported goods shall be put to use for manufacture of goods or for rendering outputservice, shall forward one copy of information received from the importer to the Deputy Commissioner of Customs, or as the case may be,Assistant Commissioner of Customs at the Custom Station of importation.

(4)On receipt of the copy of the information under clause (b) of sub-rule (1), theDeputy Commissioner of Customs or, as the case may be,Assistant Commissioner of Customs at the Custom Station of importation shallallow the benefit of the exemption notification to the importer who intends toavail the benefit of exemption notification.