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03/07/2022
Laws of Bangladesh

The Customs Act, 1969

( ACT NO. IV OF 1969 )

Chapter V

LEVY OF, EXEMPTION FROM AND REPAYMENT OF, CUSTOMS-DUTIES

Abatement of duty on damaged, deteriorated, lost, or destroyed goods
1[27. 2[(1)] Where, at the time of first examination, of any imported goods, it is shown by the owner in writing to the satisfaction of an officer not below the rank of an Assistant Commissioner of Customs-
 
 
 
 
(a) that the goods had been damaged or had deteriorated at any time before or during their landing; or
 
 
 
 
(b) that the goods 3[* * *] had been damaged, at any time after landing but before such examination, by accident and not due to any wilful act, negligence or default of the importer or his agents;
 
 
the value of such goods shall, on a written application made by the owner of the goods, be appraised by an appropriate officer of Customs, and the owner shall be allowed abatement of duty in proportion to the diminution in value of the goods as so appraised.
 
 
 
 
(2) Where it is shown, in writing by the owner of any imported goods to the satisfaction of the Commissioner of Customs that the goods have been 4[damaged, deteriorated, lost or destroyed] by an accident or force majeure, after importation but before clearance thereof for home consumption, the Commissioner of Customs may, on an application made by the owner, furnishing all particulars necessary to establish the fact of such 5[damage, deterioration, loss or destruction], remit or repay any duty chargeable or paid on such goods.
 
 
 
 
Explanation.- For the purpose of this sub-section, “force majeure” means an act of God.]
 
 
 
 
6[(3) Where it is shown to the satisfaction of the Commissioner of Customs that any warehoused goods had been damaged at any time before clearance for home-consumption by an accident or force majeure, the Commissioner of Customs may, on an application from the owner of the goods furnishing all particulars necessary to establish the fact of such damage, allow the value of such goods to be appraised by an appropriate officer of Customs and the owner of the goods shall be allowed abatement of duty in proportion to the diminution in value of the goods as so appraised.]

  • 1
    Section 27 was substituted by section 4 of অর্থ আইন, ১৯৯১ (১৯৯০ সনের ২১ নং আইন)
  • 2
    The bracket and figure “(1)” was inserted by section 5 of অর্থ আইন, ২০০৪ (২০০৪ সনের ১৬ নং আইন)
  • 3
    The commas and words “, other than warehoused goods,” were omitted by section 14 of অর্থ আইন, ২০০০ (২০০০ সনের ১৫ নং আইন)
  • 4
    The words “damaged, deteriorated, lost or destroyed” were substituted for the words “lost or destroyed” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)
  • 5
    The words “damaged, deterioration, lost or destruction” were substituted for the words “loss or destruction” by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)
  • 6
    Sub-section (3) was inserted by section 6 of অর্থ আইন, ১৯৯২ (১৯৯২ সনের ২১ নং আইন)
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