Custom Act, 1962
25.
Power to Grant Exemption from Duty. –
(1)
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.
(2)
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, for reasons to be stated in such order, any goods, of strategic or
secret nature, or for charitable purpose, on which duty is leviable .
(3)
An exemption under sub-section (1) or sub-section (2) in respect of any goods from
any part of the duty of customs leviable thereon (the
duty of customs leviable thereon being hereinafter
referred to as the statutory duty) may be granted by providing for the levy of
a duty on such goods at a rate expressed in a form or method different from the
form or method in which the statutory duty is leviable
and any exemption granted in relation to any goods in the manner provided in
this sub-section shall have effect subject to the condition that the duty of
customs chargeable on such goods shall in no case exceed the statutory duty.
Explanation
: "Form or method", in relation
to a rate of duty of customs, means the basis, namely, valuation, weight,
number, length, area, volume or other measure with reference to which the duty
is leviable .
(4)
Every notification issued under sub-section (1) shall
(a) unless otherwise provided, come into force on the date of its issue
by the Central Government for publication in the Official Gazette;
(b) also be published and offered for sale on the date of its issue by
the Directorate of Publicity and Public Relations of the Board, New Delhi.
(5)
Notwithstanding anything contained in sub-section (4), where a notification
comes into force on a date later than the date of its issue, the same shall be
published and offered for sale by the said Directorate of Publicity and Public
Relations on a date on or before the date on which the said notification comes
into force.