Page 73 - ELT_2nd_15th April 2020_Vol 372_Part

2020 ] THE FINANCE ACT, 2020 B5

(3) Where the proper officer has reasons to believe that country of
origin criteria has not been met, he may require the importer to furnish
further information, consistent with the trade agreement, in such manner
as may be provided by rules.
(4) Where importer fails to provide the requisite information for any
reason, the proper officer may, -
(i) cause further verification consistent with the trade
agreement in such manner as may be provided by rules;
(ii) pending verification, temporarily suspend the preferen-
tial tariff treatment to such goods :
Provided that on the basis of the information furnished by the
importer or the information available with him or on the relin-
quishment of the claim for preferential rate of duty by the
importer, the Principal Commissioner of Customs or the Commis-
sioner of Customs may, for reasons to be recorded in writing, disal-
low the claim for preferential rate of duty, without further verifica-
tion.
(5) Where the preferential rate of duty is suspended under sub-
section (4), the proper officer may, on the request of the importer, release
the goods subject to furnishing by the importer a security amount equal to
the difference between the duty provisionally assessed under section 18
and the preferential duty claimed :
Provided that the Principal Commissioner of Customs or the Com-
missioner of Customs may, instead of security, require the importer to de-
posit the differential duty amount in the ledger maintained under section
51A.
(6) Upon temporary suspension of preferential tariff treatment, the
proper officer shall inform the Issuing Authority of reasons for suspension
of preferential tariff treatment, and seek specific information as may be
necessary to determine the origin of goods within such time and in such
manner as may be provided by rules.
(7) Where, subsequently, the Issuing Authority or exporter or pro-
ducer, as the case may be, furnishes the specific information within the
specified time, the proper officer may, on being satisfied with the infor-
mation furnished, restore the preferential tariff treatment.
(8) Where the Issuing Authority or exporter or producer, as the case
may be, does not furnish information within the specified time or the in-
formation furnished by him is not found satisfactory, the proper officer
shall disallow the preferential tariff treatment for reasons to be recorded in
writing :
Provided that in case of receipt of incomplete or non-specific infor-
mation, the proper officer may send another request to the Issuing Author-
ity stating specifically the shortcoming in the information furnished by
such authority, in such circumstances and in such manner as may be pro-
vided by rules.

EXCISE LAW TIMES  15th April 2020  89