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doubt on customs

ca.mrudula (16 Points)

16 May 2007

hi,

please can i know the difference between safeguard duty and protective duty in customs.

thanking you

mrudula

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3 Replies

Kalyan Pothini (22 Points)
Replied 17 May 2007

Protective Duties - ‘Tariff Commission' has been established under Tariff Commission Act, 1951. If the Tariff Commission recommends and Central Government is satisfied that immediate action is necessary to protect interests of Indian industry, protective customs duty at the rate recommended may be imposed under section 6 of Customs Tariff Act. This notification should be introduced in Parliament in next session by way of a Bill. (or in the same session if Parliament is in session). If the Bill is not passed within six months of introduction in Parliament, the notification ceases to have force, but action already taken remains valid. The protective duty will be valid till the date prescribed in the notification. The protective duty can be rescinded, reduced or increased by a notification. Such notification should also be placed before Parliament for approval in next session. [This duty does not seem to be compatible with WTO regulations] Safeguard duty - Central Government is empowered to impose 'safeguard duty' on specified imported goods if Central Government is satisfied that the goods are being imported in large quantities and under such conditions that they are causing or threatening to cause serious injury to domestic industry. Such duty is permissible under WTO agreement. The only condition under WTO is that it should not discriminate between imports from different countries having Most Favoured Nation (MFN) status.

Yash Arya (Profession) (128 Points)
Replied 31 August 2007

Thanx very much Kalyan for your good inputs. Regards Yash

Babu Nataraj (2 Points)
Replied 02 October 2020

I have bought laptop from US. I have paid custom around 18000 Rs. However the laptop got damaged and seller also accepted to take return and refund amount. My doubt is custom charges which I paid whether it will be refunded or not.pls advice