# The Finance Act, 2019 (No. 2), Section 73: Amendment of section 104

- Act: The Finance Act, 2019 (No. 2)
- Ministry: Ministry of Finance
- Source URL: https://indiacode.ecourtsindia.com/finance-act-2019-no-2/section/73/

## Text

Amendment of section 104 73. In section 104 of the Customs Act,— (i) | in sub-section (1), the words "in India or within the Indian customs waters" shall be omitted; (ii) | in sub-section (4),— (A) | in clause (b), for the word "rupees,", the words "rupees; or" shall be substituted; (B) | after clause (b), the following clauses shall be inserted, namely:— "(c) fraudulently availing of or attempting to avail drawback or any exemption from duty provided under this Act, where the amount of drawback or exemption from duty exceeds fifty lakh rupees; or (d) fraudulently obtaining an instrument for the purposes of this Act or the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), and such instrument is utilised under this Act, where duty relatable to such utilisation of instrument exceeds fifty lakh rupees,"; (iii) | in sub-section (6),-- (A) | in clause (d), for the word "rupees,", the words "rupees; or" shall be substituted; (B) | after clause (d), the following clause shall be inserted, namely:— "(e) fraudulently obtaining an instrument for the purposes of this Act or the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), and such instrument is utilised under this Act, where duty relatable to such utilisation of instrument exceeds fifty lakh rupees,"; (iv) | after sub-section (7), the following Explanation shall be inserted, namely:— 'Explanation.--For the purposes of this section, the expression "instrument" shall have the same meaning as assigned to it in Explanation 1 to section 28AAA.'.

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