Non-Levy of Customs Duty on the import of Simply Sawn Diamonds

Notification No. 70/2024–Customs (N.T) | Dated: 23rd October, 2024 under Section 28A of Customs Act, 1962 for Non-Levy of Customs Duty on the import of Simply Sawn Diamonds

The Ministry of Finance issued Notification No. 70/2024–Customs (N.T.) on 23rd October 2024, addressing customs duties on the import of Simply Sawn Diamonds. Earlier, Notification No. 50/2017-Customs permitted duty-free import of rough diamonds, later expanded by Notification No. 02/2022-Customs to include Simply Sawn Diamonds under specific conditions, including compliance with the Kimberley Process Certification Scheme (KPCS). The government recognized that between 1st July 2017 and 1st February 2022, it was common practice not to levy customs duties on Simply Sawn Diamonds, as per the Customs Tariff Act, 1975. Now, under Section 28A of the Customs Act, 1962, the government has formally waived the requirement to pay customs duties for such imports during that period. This notification eliminates any liability for customs duty that may have arisen due to the prevailing non-levy practice before the amendments came into effect.

MINISTRY OF FINANCE
(Department of Revenue)
New Delhi

Notification No. 70/2024–Customs (N.T) | Dated: 23rd October, 2024

G.S.R. 663(E).—Whereas, the notification no. 50/2017-Customs, dated the 30^th June, 2017 of the Government of India, Ministry of Finance, Department of Revenue (hereinafter referred to as the said notification) allowed duty free import of goods of the description “Rough diamonds (industrial or non-industrial)” falling within Chapter 71 as specified against serial number (S.No.) 345 of the said notification;

And whereas, the said notification was amended by notification no. 02/2022-Customs, dated the 1^st February, 2022, allowing duty free import of goods of the description “Simply Sawn Diamonds” falling under the sub-heading or tariff Item “7102 21, 7102 3100” (hereinafter referred to as the said goods) by inserting serial number (S.No.) 345A, subject to condition number 110 that “If, the importer produces before the Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be, a certificate issued under Kimberly Process Certification Scheme (KPCS) certifying that the imported goods are diamonds, not further worked than simply sawn”, with effect from 2^nd February, 2022;

And whereas, the Central Government is satisfied that a practice was generally prevalent regarding non-levy of duty of customs leviable under the First Schedule of the Customs Tariff Act, 1975 (51 of 1975), read with the notification no. 50/2017-Customs, dated the 30^th June, 2017 , as amended, on the said goods imported into India during the period from 1^st July, 2017 to 1^st February, 2022;

Now, therefore, in exercise of the powers conferred by section 28A of the Customs Act, 1962 (52 of 1962), the Central Government, hereby directs that the whole of the duty of customs leviable under the First Schedule of the Customs Tariff Act, 1975 (51 of 1975) read with the said notification, if any payable on the import of the said goods, during the period from 1^st July, 2017 to 1^st February, 2022, but for the said practice, shall not be required to be paid in respect of import of the said goods.

[F. No. 450/269/2022-CusIV]
SANJEET KUMAR, Under Secy.