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Circular
No. 34/ 97 - Cus.
dated 10/
9/ 97
F.No. 605/ 139/ 97-
DBK
Government of India
Ministry of Finance
Department of Revenue,
New Delhi
Subject :
Clarification regarding the interpretation of proviso to condition 3 of
the Notfn. No. 104/ 95-Cus.
dt. 30.5.95.
A reference has been made to the Board by CC, Bombay regarding the interpretation
of proviso to condition 3 of the Notification No. 104/ 95- Cus. dated 30.5.95
:-
"Provided that exemption
from duty shall not be admissible if there is insufficient credit in the
said Pass-Book for debiting the duty leviable on the goods but for
this exemption."
The issue had been examined and it is, hereby, clarified that wherever
the credit available in the Pass-Book, or DEPB, as the case may be, is
not sufficient for debiting the duty assessed on the goods in a Bill of
Entry, the excess amount of duty assessed which is not covered by the credit
available, may be allowed to be paid in cash. The proviso referred to above
only means that the exemption from duty is not to be extended to that portion
ot the duty assessed which is in excess of the credit available.
Sd /-
(Sunil Kumar)
Director (DBK)