Compliance Requirements

• Intimation to Principal Commissioner/Commissioner of Customs by importer to avail benefit u/s 47 (Section 47, Rule 4)

An eligible importer intending to avail the benefit defered payment of import duty under section 47(1) of the Act must inform the Principal Commissioner or Commissioner of Customs having jurisdiction over the port of clearance about such intention.

1. 1. The Principal Commissioner of Customs or the Commissioner of Customs, as the case may be, shall, upon being satisfied with the eligibility of the importer to pay the duty under these rules, allow the eligible importer to pay the duty by due dates specified in rule 5
   2. The Central Government permits the following class of importers to make deferred payment of import duty: (i) Importers certified under Authorized Economic Operator programme as AEO (Tier-Two) and AEO (Tier-Three) (ii) Authorised Public Undertaking (iii) Eligible Manufacturer Importer: Provided that the class of Eligible Manufacturer Importer shall be permitted to make deferred payment of import duty up to the 31st March, 2028
   3. Eligible Manufacturer Importer means Manufacturer Importer
   4. Nothing contained in these rules shall apply to the goods which have not been assessed or not declared by the importer in the entry made under the Act.

Note: Erstwhile Rule 4 omitted vide Notification No. 79/2020- Cus. (N.T.), dated 19-08-2020

• Payment of duty by the eligible importer (Section 47, Rule 4)

The eligible importer must pay duty within the period specified under section 47(2) of the Act, excluding holidays. For goods with Bills of Entry returned for payment between the 1st and last day of any month other than March, duty must be paid by the 1st day of the following month & for goods corresponding to BoE returned for payment from 1st day to 31st day of March, by 31st March

1. 1. The class of Eligible Manufacturer Importer shall be permitted to make deferred payment of import duty up to the 31st March, 2028
   2. Nothing contained in these rules shall apply to the goods which have not been assessed or not declared by the importer in the entry made under the Act.

• Manner of payment of Deferred Import Duty (Rule 5)

The eligible importer shall pay duty electronically. However, the Assistant or Deputy Commissioner of Customs may, for reasons recorded in writing, permit payment of duty through a mode other than electronic payment. Nothing contained in these rules shall apply to the goods which have not been assessed or not declared by the importer in the entry made under the Act.

• Deferred payment not to apply in certain cases (Rule 6)

An eligible importer who fails to pay duty in full by due date more than once in a period of 3 consecutive months shall not be permitted to make deferred payment. The facility of deferred payment shall not be restored unless the eligible importer has paid the duty in full along with the interest.

Provided further that the eligible importer shall be permitted to make the deferred payment if he has- (i) paid the duty for a bill of entry within due date in terms of rule 4; and (ii) paid the differential duty for the same bill of entry along with the interest on account of reassessment within one day (excluding holidays). Nothing contained in these rules shall apply to the goods which have not been assessed or not declared by the importer in the entry made under the Act.