Validation of modification in description of goods with retrospective effect.
89. (1) The notification of the Government of India in the Ministry of Finance (Department of Revenue) number G.S.R.665 (E), dated the 5th July 2016 amending the notification number G.S.R. 285 (E), dated the 8th March, 2016, issued in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975, read with rules 18, 20 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 shall be deemed to have, and always to have, for all purposes, come into force on and from the 8th day of March, 2016.
(2) Refund shall be made of all such anti-dumping duty which has been collected, but which would not have been so collected, if the notification referred to in sub-section (1) been in force at all material times.
(3) An application for refund of anti-dumping duty referred to in sub-section (2) shall be made within a period of six months from the date on which the Finance (No.2) Bill, 2019 receives the assent of the President.
Notes on Clauses:
Clause 89 of the Bill seeks to give retrospective effect to notification number G.S.R. 665 (E), dated the 5th July, 2016, amending the notification number G.S.R. 285 (E), dated the 8th March 2016, issued under sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975, so as to retrospectively exclude expanded Polypropylene beads and ter-polymer from the levy of anti-dumping duty from 8th March, 2016 to 5th July, 2016.
