The Customs Act, 1962
47. CLEARANCE OF GOODS FOR HOME CONSUMPTION. –
1(1) Where the proper officer is satisfied that any goods entered for home consumption are not prohibited goods and the importer has paid the import duty, if any, assessed thereon and any charges payable under this Act in respect of the same, the proper officer may make an order permitting clearance of the goods for home consumption.
2[(2) Where the importer fails to pay the import duty under sub-section (1) 3[within 4[five days], excluding holidays] from the date on which the bill of entry is returned to him for payment of duty, he shall pay interest 5[at such rate, not below 6[ten per cent.] and not exceeding thirty-six per cent. per annum, as is for the time being fixed by the Central Government, by notification in the Official Gazette] on such duty till the date of payment of said duty:
Provided that where the bill of entry is returned for payment of duty before the commencement of the Customs (Amendment) Act, 1991 and the importer has not paid such duty before such commencement, the date of return of such bill of entry to him shall be deemed to be the date of such commencement for the purpose of this section.
7Provided further that if the Board is satisfied that it is necessary in the public interest so to do, it may, by order for reasons to be recorded, waive the whole or part of any interest payable under this section.
COMMENTS
Where the goods have been cleared under section 47 of the Customs Act, the order of competent authority clearing the goods cannot be disturbed unless there was fraud or deliberate suppression; Union of India v. Jain Shudh Vanaspati, AIR 1992 SC 572.
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1. Section 47 re-numbered as sub-section (1) of that section by Act 55 of 1991, sec. 3 (w.e.f. 23-12-1991).
2. Ins. by Act 55 of 1991, sec. 3 (w.e.f. 23-12-1991).
3. Subs. by Act 27 of 1999, sec. 105, for “within seven days” (w.e.f. 11-5-1999).
4. Subs. by Act 20 of 2002, sec. 123, for “two days” (w.e.f. 11-5-2002).
5. Subs. by Act 10 of 2000, sec. 83, for certain words (w.e.f. 12-5-2000).
6. Subs. by Act 20 of 2002, sec. 123, for “eighteen per cent.” (w.e.f. 11-5-2002).
7. Ins. by Act 22 of 1995, sec. 59 (w.e.f. 26-5-1995).
