sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
Latest Circulars »
 Penalties And Prosecution Under Income Tax Act And How To Create Wealth
 Auction for Sale (Re-issue) of Government Stock (GS) April 23, 2018
 RBI Working Paper No. 3/2018: Rural Wage Dynamics in India: What Role does Inflation Play?
 Investment reviving, growth to speed up in FY19
 Master Direction - Know Your Customer (KYC) Direction, 2016
 Minutes of the Monetary Policy Committee Meeting April 4-5, 2018
 RBI launches Quarterly Order Books, Inventories and Capacity Utilisation Survey: January-March 2018 (Round 41)
 It is not Business as Usual for Lenders and Borrowers (N. S. Vishwanathan, Deputy Governor, Reserve Bank of India – April 18, 2018 – Speech Delivered at National Institute of Bank Management, Pune on Fourteenth Convocation)
 RBI clarifies that there is no currency shortage
 Auction for Sale (Re-issue) of Government Stock (GS) April 16, 2018
 RBI-Auction of Government of India Dated Securities April 16, 2018

Collection of Anti-dumping duty - Customs Circular No. 28/2011
July, 13th 2011

Circular No. 28/2011-Customs

 

F.No.354/150/2011-TRU

Government of India

Ministry of Finance

Department of Revenue

Tax Research Unit

***

 

R.No.146 I, North Block

New Delhi, dated the 8th July, 2011

To

Chief Commissioner of Customs (All)

Chief Commissioner of Customs & Central Excise (All)

Director Generals (All)

 

Sir/Madam,

 

Subject: Collection of Anti-dumping duty beyond the validity period-regarding.

 

 

            Representations have been received from the trade that, in some cases, field formations are collecting anti-dumping duty even after the expiry of the statutorily prescribed period of levy. It has been reported that the basis for such a practice could be that the notification providing for levy of anti-dumping duty does not specify the end date.

 

2.         In this regard, attention is drawn to the Section 9A (5) of The Customs Act, 1975, which reads as under:

 

(5) The anti-dumping duty imposed under this section shall, unless revoked earlier, cease to have effect on the expiry of five years from the date of such imposition:

 

Provided that if the Central Government, in a review, is of the opinion that the cessation of such duty is likely to lead to continuation or recurrence of dumping and injury, it may, from time to time, extend the period of such imposition for a further period of five years and such further period shall commence from the date of order of such extension.

 

Provided further that where a review initiated before the expiry of the aforesaid period of five years has not come to a conclusion before such expiry, the anti-dumping duty may continue to remain in force pending the outcome of such a review for a further period not exceeding one year.

 

3          From a plain reading of this provision it is evident that definitive/final anti-dumping duty can be collected only for a period of five years from the date of its imposition. Generally by virtue of Sub-section (2) of Section 9A of the Customs tariff Act, 1975, the anti dumping levy notified in pursuance of final findings of the Director General (AD) is effective from the date of imposition of provisional duty and therefore the period of five years is to be computed from such date.  Collection beyond that period is permissible only when the said levy is extended by a notification either for further period of five years (in pursuance of the final findings of the Designated Authority in a Sun Set Review) or for one year (during the pendency of Sun Set Review).  Thus, a definitive/final anti-dumping duty can be collected beyond the stipulated period only when a notification extending the levy has been issued, before the expiry of the parent notification. Unless such revalidation or extension is carried out by a fresh notification, the collection of final anti-dumping duty should cease on the completion of five years as mentioned above. Where the findings in a review are notified after the lapse of the parent notification, the notification in such cases would be effective prospectively from the date of issue of such notification.

 

4.         The above position may be brought to the notice of formations under your charge, for strict compliance.

                                                                                     

  Yours faithfully,

 

 

(Vivek Johri)                                              

                                                                                                                  Joint Secretary (TRU)

Tel: 2309 2687

Fax: 2309 2031

Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Desktop Application Development Outsourcing Desktop Application Development Offshore Desk

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions