Section 5:
Levy of a lower rate of duty under a trade agreement
(1) Whereunder a trade agreement
between the Government of India and the Government of a foreign country or territory, duty at a rate
lower than that specified in the First Schedule is to be charged on articles which are the produce or
manufacture of such foreign country or territory, the Central Government may, by notification in the
Official Gazette, make rules for determining if any article is the produce or manufacture of such foreign
country or territory and for requiring the owner to make a claim at the time of importation, supported by
such evidence as may be prescribed in the said rules, for assessment at the appropriate lower rate under
such agreement.
(2) If any question arises whether any trade agreement applies to any country or territory, or whether
it has ceased to apply to India or any foreign country or territory, it shall be referred to the Central
Government for decision and the decision of the Central Government shall be final and shall not be liable
to be questioned in any court of law.