Customs (Finalisation of Provisional Assessment) Regulations, 2025

Regulation 8. Time-limit for finalisation of provisional assessment

(1) The proper officer shall finalise the duty provisionally assessed, where it is possible to do so, within three months of –

(a) receipt of documents or information from the importer or the exporter or on the expiry of the time for submission in accordance with regulation 4 of these regulations; or

(b) conclusion of enquiry in accordance with regulation 5 of these regulations, where the duty leviable was assessed provisionally for that reason.

Provided that any officer to whom the proper officer is subordinate may allow, for reasons to be recorded in writing, a further time period of two months at a time, in case the proper officer is not able to finalise the provisional assessment within the period of three months as specified in sub-regulation (1).

Provided further that the assessment shall be finalised within two years from the date of the provisional assessment under sub-section (1) of section 18 of the Act.

Provided also that for provisional assessment pending under sub-section (1) of section 18 of the Act, as on the 29^th March, 2025, the said period of two years shall be reckoned from such date.

(2) Where the proper officer is unable to assess the duty finally within the time specified under sub-regulation (1), for the reason that –

(a) an information is being sought from an authority outside India through a legal process; or

(b) an appeal in a similar matter of the same person or any other person is pending before the Appellate Tribunal or the High Court or the Supreme Court; or

(c) an interim order of stay has been issued by the Appellate Tribunal or the High Court or the Supreme Court; or

(d) the Board has, in a similar matter, issued specific direction or order to keep such matter pending; or

(e) the importer or exporter has a pending application before the Settlement Commission or the Interim Board,

the proper officer shall inform the importer or exporter concerned, the reason for non-finalisation of the provisional assessment and in such case, time of two years for finalisation of assessment done provisionally, specified under sub-regulation (1), shall apply not from the date of provisional assessment but from the date when such reason ceases to exist.