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Section 25: Power to grant exemption from duty

The Customs Act, 1962*Union territory Act of Chandigarh · Act 52 of 1962

(1) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt generally either absolutely or subject to such conditions (to be fulfilled before or after clearance) as may be specified in the notification goods of any specified description from the whole or any part of duty of customs leviable thereon.

6 [(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, may, by special order in each case, exempt from the payment of duty, under circumstances of an exceptional nature to be stated in such order, any goods on which duty is leviable.]

7 [(2A) The Central Government may, if it considers it necessary or expedient so to do for the purpose purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification in the Official Gazette, at any time within one year of issue of the notification under

1. Subs. by Act 11 of 1983, s. 48, for ―Where it is shown‖ (w.e.f. 13-5-1983).

2. Subs. by Act 27 of 1999, s. 100, for ―Assistant Commissioner of Customs‖ (w.e.f. 11-5-1999).

3. Ins. by Act 11 of 1983, s. 48 (w.e.f. 13-5-1983).

4. Subs. by Act 32 of 1994, s. 60, for sub-section (2) (w.e.f. 13-5-1994).

5. The proviso ins. by Act 21 of 2006, s. 58 (w.e.f. 18-4-2006).

6. Subs. by Act 32 of 2003, s. 107, for sub-section (2) (w.e.f. 14-5-2003).

7. Ins. by Act 20 of 2002, s. 119 (w.e.f. 11-5-2002).

27 sub-section (1) or order under sub-section (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be.]

1 [(3) An exemption under sub-section (1) or sub-section (2) in respect of any goods from any part of the duty of customs leviable thereon (the duty of customs leviable thereon being hereinafter referred to as the statutory duty) may be granted by providing for the levy of a duty on such goods at a rate expressed in a form or method different from the form or method in which the statutory duty is leviable and any exemption granted in relation to any goods in the manner provided in this sub-section shall have effect subject to the condition that the duty of customs chargeable on such goods shall in no case exceed the statutory duty.

Explanation.—”Form or method‖, in relation to a rate of duty of customs, means the basis, namely, valuation, weight, number, length, area, volume or other measure with reference to which the duty is leviable.]

2 [(4) Every notification issued under sub-section (1) or sub-section (2A) shall, unless otherwise provided, come into force on the date of its issue by the Central Government for publication in the Official Gazette.]

3 * * * * * 4 [(6) Notwithstanding anything contained in this Act, no duty shall be collected if the amount of duty leviable is equal to, or less than, one hundred rupees.]

5 [(7) The mineral oils (including petroleum and natural gas) extracted or produced in the continental continental shelf of India or exclusive economic zone of India as referred to in section 6 and section 7, respectively, of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), and imported prior to the 7th day of February, 2002 shall be deemed to be and shall always be deemed to have been exempted from the whole of the duties of customs leviable on such mineral oils and accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, no suit or other proceedings in respect of such mineral oils shall be maintained or continued in any court, tribunal or other authority.

(8) Notwithstanding the exemption provided under sub-section (7), no refund of duties of customs paid in respect of the mineral oils specified therein shall be made.]

6 [25A. Inward processing of goods.—Where the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification, exempt such of the goods which are imported for the purposes of repair, further processing or manufacture, as may be specified therein, from the whole or any part of duty of customs leviable thereon, subject to the following conditions, namely:—

(a) the goods shall be re-exported after such repair, further processing or manufacture, as the case may be, within a period of one year from the date on which the order for clearance of the imported goods is made;

1. Ins. by Act 11 of 1983, s. 49 (w.e.f. 13-5-1983).

2. Subs. by Act 28 of 2016, s. 119, for sub-section (4) (w.e.f. 14-5-2016).

3. Sub-section (5) omitted by, s. 119, ibid. (w.e.f. 14-5-2016).

4. Ins. by Act 32 of 2003, s. 107, (w.e.f. 14-5-2003).

5. Ins. by Act 25 of 2014, s. 81, (w.e.f. 6-8-2014).

6. Ins. by Act 13 of 2018, s. 62 (w.e.f. 28-3-2018).

28

(b) the imported goods are identifiable in the export goods; and

(c) such other conditions as may be specified in that notification.

Where this provision sits

ActThe Customs Act, 1962*
Section25
Marginal notePower to grant exemption from duty
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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