Page 72 - ELT_2nd_15th April 2020_Vol 372_Part

B4 EXCISE LAW TIMES [ Vol. 372

clause (f), for the words “gold or silver”, the words “gold, silver or any other
goods” shall be substituted.
108. Amendment of section 28. — In section 28 of the Customs Act, for
Explanation 4, the following Explanation shall be substituted and shall be deemed to
have been substituted with effect from the 29th day of March, 2018, namely :-
“Explanation 4. — For the removal of doubts, it is hereby declared that
notwithstanding anything to the contrary contained in any judgment, de-
cree or order of the Appellate Tribunal or any Court or in any other provi-
sion of this Act or the rules or regulations made thereunder, or in any oth-
er law for the time being in force, in cases where notice has been issued for
non-levy, short-levy, non-payment, short-payment or erroneous refund,
prior to the 29th day of March, 2018, being the date of commencement of
the Finance Act, 2018 (13 of 2018), such notice shall continue to be gov-
erned by the provisions of section 28 as it stood immediately before such
date.”.
109. Amendment of section 28AAA. — In section 28AAA of the Cus-
toms Act, in sub-section (1), -
(a) for the words “by such person”, the words “or any other law, or
any scheme of the Central Government, for the time being in force, by
such person” shall be substituted;
(b) after the words “the rules”, the words “or regulations” shall be
inserted;
(c) in Explanation 1, for the words “with respect to”, the words, fig-
ures and letter “or duty credit issued under section 51B, with respect to”
shall be substituted.
110. Insertion of new Chapter VAA. — After Chapter VA of the Cus-
toms Act, the following Chapter shall be inserted, namely :-
‘CHAPTER VAA
ADMINISTRATION OF RULES OF ORIGIN UNDER
TRADE AGREEMENT
28DA. Procedure regarding claim of preferential rate of duty. —
(1) An importer making claim for preferential rate of duty, in terms of
any trade agreement, shall, -
(i) make a declaration that goods qualify as originating
goods for preferential rate of duty under such agreement;
(ii) possess sufficient information as regards the manner in
which country of origin criteria, including the regional value con-
tent and product specific criteria, specified in the rules of origin in
the trade agreement, are satisfied;
(iii) furnish such information in such manner as may be pro-
vided by rules;
(iv) exercise reasonable care as to the accuracy and truthful-
ness of the information furnished.
(2) The fact that the importer has submitted a certificate of origin is-
sued by an Issuing Authority shall not absolve the importer of the respon-
sibility to exercise reasonable care.
EXCISE LAW TIMES  15th April 2020  88