Manoj (Article Trainee) (602 Points)
11 April 2013Hello,
Can anyone please explain in simplified form, the new section inserted under custom act - 28AAA RECOVERY OF DUTIES IN CERTAIN CASES, its applicability, the basic purpose with any example (if possible). I'm not very much clear after reading it from supplementary amendment book.
Thanks in advance!
Anubhav
(Chartered Accountant)
(429 Points)
Replied 12 April 2013
Anubhav
(Chartered Accountant)
(429 Points)
Replied 12 April 2013
Sathish M
(Management Accountant)
(40581 Points)
Replied 12 April 2013
FINANCE Act 2012 inserted a new Section 28AAA in the Customs Act, which provided for recovery of duties, from the person to whom the instrument such as duty credit scrips was issued, where the instrument was obtained by means of collusion or wilful mis-statement or suppression of facts by the such person without prejudice to any action that may be taken against the importer.
For recovery, the Proper Officer is required to serve a notice on the person to whom the instrument was issued. Now, who is the proper officer?
CBEC has by Notification No. 40/2012-Cus NT dated 02.05.2012, designated several officers as proper officers and Deputy Commissioner/Assistant Commissioner of Customs and Central Excise are designated as proper officers under Section 28AAA.This includes all the officers above the rank of Assistant Commissioner/Deputy Commissioner. Now the Board has issued a notification designating the DD/AD of DRI and DGCEI also as proper officer under Section 28AAA.
Notification No. 76/2012 - Customs, (N T), Dated: August 27, 2012
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