Duty under Protest

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Muthu Ofc (Querist)
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02 October 2022 What is the Procedure (Steps to be followed) to pay duty under protest against an Order in Original, if the Importer has decided to Appeal the OIO under Customs Act/Rules? .

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)
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06 July 2024 Paying duty under protest is a legal mechanism used by importers or exporters to challenge a customs duty assessment or an Order in Original (OIO) issued by customs authorities. The process involves receiving an OIO, deciding to appeal, preparing for the appeal, filing an appeal, paying the assessed duty, obtaining a letter of protest, attending hearings, and waiting for a decision. The importer must adhere to legal requirements and maintain proper records of communications, payments made under protest, and supporting documents. The process should be filed within the prescribed time frame, with legal representation from legal experts or customs consultants. The importer should also ensure proper documentation of all communications, payments made under protest, and supporting documents for the appeal. This ensures compliance with customs regulations and avoids enforcement actions.

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