Clearance of goods for home consumption.

SECTION 47.

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[ ³[Provided that such order may also be made electronically through the customs automated system on the basis of risk evaluation through appropriate selection criteria:
Provided further that] the Central Government may, by notification in the Official Gazette, permit certain class of importers to make deferred payment of said duty or any charges in such manner as may be provided by rules.]

⁴[(2)   ⁵[The importer shall pay the import duty— 

(a) on the date of presentation of the bill of entry in the case of self assessment; or 

(b) within one day (excluding holidays) from the date on which the bill of entry is returned to him by the proper officer for payment of duty in the case of assessment, reassessment or provisional assessment; or

(c) in the case of deferred payment under the proviso to sub-section (1), from such due date as may be specified by rules made in this behalf, 
and if he fails to pay the duty within the time so specified, he shall pay interest on the duty not paid or short-paid till the date of its payment, at such rate, not less than ten per cent. but not exceeding thirty-six per cent. per annum, as may be fixed by the Central Government, by notification in the Official Gazette.]

⁶[Provided that the Central Government may, by notification in the Official Gazette, specify the class or classes of importers who shall pay such duty electronically:

Provided further 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 :]

⁷[ ⁸[Provided also 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.]

Note :-

1. Section 47 re-numbered as sub-section (1) of that section by section 3 of Act 55 of 1991, (w.e.f. 23-12-1991).

2. Inserted (w.e.f. 14-5-2016) by section 121(a) of the Finance Act, 2016 (28 of 2016).

3. Substituted by section 77 (w.e.f. 29-3-2018) of Finance Act, 2018 (13 of 2018), for “Provided that”.

4. Inserted (w.e.f. 23-12-1991) by section 3 of Act 55 of 1991.

5. Substituted by section 101 of the Finance Act, 2017.  Earlier these words were substituted (w.e.f. 14-5-2016) by section 121(b) of the Finance Act, 2016 (28 of 2016).  Before substitution by the Finance Act, 2017, these words stood as under: 

“ Where the importer fails to pay the ;import duty, either in full or in part, within two days (excluding holidays) –

(a) from the date on which the bill of entry is returned to him for payment of duty; or

(b) in the case of deferred payment under the proviso to sub-section (1), from such due date as may be specified by rules made in this behalf, 

he shall pay interest on the duty not paid or short-paid till the date of its payment, at such rate, not below ten per cent and not exceeding thirty-six per cent per annum,  as maybe fixed by the Central Government, by notification in the Official Gazette.”

6. Substituted(w.e.f. 28-5-2012) for “Provided that” by section 124(a) of the  Act 23 of 2012.

7. Inserted (w.e.f. 26-5-1995) by section 59(b) of Act 22 of 1995. 

8. Substituted (w.e.f. 28-5-2012) for “Provided further that” by section 124(b) of Act 23 of 2012.