15.11.2012 Views

CAP 50-03 Customs and Excise Duty Act - BURS

CAP 50-03 Customs and Excise Duty Act - BURS

CAP 50-03 Customs and Excise Duty Act - BURS

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

application for refund to the proper officer at the customs <strong>and</strong> excise office nearest the place from<br />

where the goods are to be exported, <strong>and</strong> that the said goods shall not be exported until permission to<br />

export has been granted by the proper officer.<br />

22. No person shall be granted the refund of duty for which provision has been made in item<br />

522.04 unless such person has complied with the conditions of the said item <strong>and</strong>-<br />

(a)<br />

(b)<br />

the return of the goods to the sender has taken place under the supervision of a customs<br />

<strong>and</strong> excise officer or post office official <strong>and</strong> proof of payment of duty on importation has<br />

been furnished to the satisfaction of that officer or official;<br />

the application for refund is in a form approved by the Director <strong>and</strong> is supported by a<br />

certificate signed by the customs <strong>and</strong> excise officer or post office official concerned to the<br />

effect that the requirements of subparagraph (a) have been met.<br />

PART 3<br />

REGULATIONS REGARDING THE MISCELLANEOUS REFUNDS<br />

OF FISCAL AND CUSTOMS DUTIES<br />

Copyright Government of Botswana<br />

(Part 3 of Schedule No. 5 to the <strong>Act</strong>)<br />

23. Any refund of duty under item 531.00 shall be subject to the following conditions-<br />

(1) The importer shall report the circumstances in which any goods are destroyed to the proper<br />

officer immediately <strong>and</strong> shall immediately take steps to prevent further loss.<br />

(2) The importer shall arrange with the proper officer for an examination under official supervision<br />

of the consignment involved in such loss to establish the nature <strong>and</strong> the quantity of the goods<br />

destroyed <strong>and</strong> such loss shall be certified by the proper officer.<br />

(3) An application for refund of duty shall be made in writing to the proper officer by the importer of<br />

the goods, on a form approved by the Director, stating the circumstances in which the goods in<br />

question were destroyed.<br />

(4) Such application shall be supported by the record of the examination mentioned in<br />

subparagraph (2), certified by the proper officer, <strong>and</strong> the supplier's invoices <strong>and</strong> other documents<br />

relating to such goods.<br />

24. Paragraph 12(4) <strong>and</strong> (5) of the Fourth Schedule shall mutatis mut<strong>and</strong>is apply in respect of any<br />

refund of duty claimed under item 532.00.<br />

25. Any person who has purchased kerosene (paraffin), distillate fuels (for example, gas oil or<br />

diesel oil) or residual fuel oil (furnace oil) at a price inclusive of the full duty <strong>and</strong> has used such oil for<br />

purposes other than road transport, not being public passenger bus transport services or road<br />

transport for agricultural purposes (including forestry), may apply for a refund of the duty to the extent<br />

specified in item 533.00, subject to the conditions that such application is made on the prescribed<br />

form (form CE.66) <strong>and</strong> is received by the department within one month of the date of purchase of the<br />

said oil (provided that the Director may, in such circumstances as he may consider exceptional,<br />

consider any such application after expiration of such period) <strong>and</strong> is supported by the receipted<br />

account or cash sale invoice, as the case may be, <strong>and</strong> by a declaration in the following form-<br />

"I, ............................................. hereby declare that the total quantity of ...........................<br />

litres of oil shown on the attached invoice has been used by me for the purpose of<br />

.................<br />

Date ............................................... Signature ...................................".

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!