Delay Penalty of Tariffs
Delay Penalty of Tariffs refers to a penalty that is imposed upon importers or exporters when they fail to pay the Tariff due on their imported goods or exported goods within a certain period of time prescribed by the customs, usually stipulated in the bond or undertaking signed upon declaration of the commodities. However, it is chargeable only when the payer is found to be guilty of the default.
There are two under the delay penalty of tariffs:
1. Penal Interest
The penal interest applies to goods on board or goods that have already been shipped. The applicable rate of interest shall be decided by the customs for goods in bond or goods for transit and at the rate prescribed in the states finance law for goods declared and not in bond.
2. Delay Penalty
The delay penalty of tariffs applies to goods in and out of the duty free trade zone. This penalty is charged on the goods that are not cleared within the prescribed time limit, and the applicable rate is fixed by the concerned customs authority.
Difference between Delay Penalty and Late Penalty
The difference between the delay penalty and late penalty is quite distinct. Late penalty is a penalty that is imposed after a certain period, usually six months, due to any fault or mistake, while the delay penalty is rather an immediate penalty charged on goods imported or exported after the expiry of the prescribed period.
The delay penalty is mostly applied for failing to timely clear goods that are shipped or landed in a port of entry, or for not submitting documents or other related matters in due time. However, the late penalty is imposed for various offences like misdeclaration, smuggling and other such irregularities.
Conclusion
The delay penalty of tariffs is an important measure for ensuring that goods are timely cleared and all customs regulations are properly followed. It is usually imposed on those goods that either do not meet the required parameters or remain undischarged within the stipulated time-frame. This penalty seeks to ensure compliance and also encourages exporters and importers to conduct their trade smoothly without any kind of obstruction.