Briefly explain the following with reference to the provisions of the Customs Act, 1962: (ii) Special exemption and General exemption.

CS Professional · Advanced Tax Laws · PYQS · December 2024
Briefly explain the following with reference to the provisions of the Customs Act, 1962: (ii) Special exemption and General exemption.

Answer & Explanation:

(ii) Special Exemption: As per section 25(2) of the Customs Act, 1962, if the Central Government is satisfied that it is necessary in the public interest so to do, it may, by special order in each case, exempt from payment of duty, any goods on which duty is leviable only under circumstances of an exceptional nature to be stated in such order. Further, no duty shall be collected if the amount of duty leviable is equal to, or less than, ₹ 100. This type of exemption is called as ad hoc exemption. Order under section 25(2) is not required to be published in the Official Gazette. General Exemption: As per section 25(1) of the Customs Act, 1962, if the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt generally either absolutely or subject to such conditions (to be fulfilled before or after clearance) as may be specified in the notification, goods of any specified description from the whole or any part of duty of customs leviable thereon. However, where any exemption is granted subject to any condition, such exemption shall, unless otherwise specified or varied or rescinded, be valid up to 31st day of March falling immediately after two years from the date of such grant or variation.

Topics: Customs Act

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