Custom Duty

Board Committees Under Various Law Enactments

A company is run under the directions of its management more specifically Board of Directors.  The Board decides number of deliberations; executions which will impact a company in long run and also decide the future also. The Board committees consisting of both executive and non-executive directors established to advise, review, and appr...

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Understanding the sweep of ‘Import’ under Custom Act, 1962

Tax treatment of imported goods stored in a warehouse and sale made therefrom, has always been an apple of discord in Indirect Taxation which continues to trouble our courts very bitterly. It has been witnessed that stand of Department in this issue has remained fairly unchanged as they have always maintained the position that in such sit...

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Set back to Indian Exports to USA: Dispute on Export subsidies

When India is going through a period of economic slowdown, it faces another setback as the World Trade Organisation (WTO) dispute settlement panel has held that the country’s domestic export subsidy programmes under Foreign trade policy are illegal and violates, WTO rules. The three member dispute settlement panel rejected IndiaR...

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Analysis of Manufacture and Other Operations in Warehouse (no. 2) Regulations, 2019

Central Board of Indirect Taxes and Customs (CBIC) has recently issued Notification  Notification 69/2019-Customs (N.T.) dated 01 October 2019. Please find below brief of the update for your reference. This notification has been issued to issue new regulation namely “Manufacture and Other Operations in Warehouse (no. 2) Regu...

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Authorized Economic Operator Programme

AEO is a voluntary programme. It enables Indian Customs to enhance and streamline cargo security through close cooperation with the principle stakeholders of the international supply chain viz. importers, exporters, logistics providers, custodians or terminal operators, custom brokers and warehouse operators. The Circular 33/2016 – Cust...

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Steps taken by Government for growth of TV Industry in India

Government has removed 5% Basic Custom Duty (BCD) on open cell (15.6 and above) for use in the manufacture of Liquid Crystal Display (LCD) and Light Emitting Diode (LED) TV Panels vide Notification No. 30/2019-Customs dated 17.09.2019, till September 2020....

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FM Launches two new IT Initiatives -ICEDASH & ATITHI

Finance Minister Launches two new IT Initiatives -ICEDASH & ATITHI for improved monitoring and pace of Customs clearance of imported goods and facilitating arriving international passengers. ICEDASH : Ease of Doing Business monitoring dashboard of the Indian Customs helping public see the daily Customs clearance times of import cargo. ATI...

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CBIC and Customs launches scheme to attract investment and support Make in India programme

Central Board of Indirect Taxes and Customs has launched a revamped and streamlined programme to attract investments into India and strengthen Make in India through manufacture and other operations under bond scheme, under Customs Act, 1962. Section 65 of the Customs Act, 1962 enables conduct of manufacture and other operations in a cus...

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CBI arrests an Appraising Officer of Customs in a bribery case

The Central Bureau of Investigation has arrested an Appraising officer, Duty Drawback Section, Air Cargo Complex, Mumbai for demanding and accepting a bribe of Rs.10,000/- from the complainant....

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Govt compulsorily retires 15 Senior Officers of Custom & Excise

Government of India compulsorily retires 15 Senior Officers of the Indian Revenue Service (C &CE) with immediate effect  In exercise of the powers conferred by Clause (j) of Rule 56 of the Fundamental Rules, the President of India has retired 15 officers of Indian Revenue Service (IRS)(C&CE) in public interest with immediate effe...

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Demand of duty and interest when delay on part of authorities processing necessary redemption certificate

Hetero Labs Limited Vs Assistant Commissioner (Telangana High Court) - Hetero Labs Limited Vs Assistant Commissioner (Telangana High Court) Demand of duty and interest when delay on part of authorities processing necessary redemption certificate: The assessee was exempted from payment of customs duty by Notification No. 96/2009-Cus. subject to condition that evidence o...

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Customs: No penalty U/s. 112(a) on goods not liable for confiscation U/s. 111

Pathange & Co. Vs Commissioner of Customs (CESTAT Hyderabad) - The short point to be decided is whether the consignment MFD copiers imported prior to 05.06.2012 when the restriction was imposed upon them are liable to confiscation under section 111(d) for violation of Foreign Trade Policy....

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Declared value cannot be revised just because it is lower than in NIDB database

Sai Exports Vs Commissioner of Customs (CESTAT Chennai) - CESTAT Chennai has held that the difference in the declared value and the value in the NIDB database does not constitute in itself a 'reasonable doubt' needed to reject the transaction value under Rule 12 of Customs Valuation (Determination of Value of Imported Goods), 2007. It was held that simply ...

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SWS liable to be paid but not debitable through MEIS & SEIS duty credit scrips

Gemini Edibles and Fats India Pvt. Ltd. Vs Union of India (Madras High Court) - Gemini Edibles and Fats India Pvt. Ltd. Vs Union of India (Madras High Court) Point for consideration in this writ petition is as to whether the Revenue is justified in debiting the Social Welfare Surcharge (SWS) also from and out of the value of the relevant scrips issued under two schemes viz., ME...

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Imprisonment of less than one year only for Special assigned reasons | Section 135 | Customs Act 1962

Assistant Commissioner of Custom Vs Navaskhan (Madras High Court) - Assistant Commissioner of Custom Vs Navaskhan (Madras High Court) The present criminal revision petition is filed against the order of the learned Judicial Magistrate No.I, Trichy in C.C.No. 167 of 2018 dated 18.07.2018 sentencing the respondent to convict him imprisonment till the rising of Court a...

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CBIC notifies Rate of Exchange of Foreign Currencies wef 03.01.2019

Notification No. 05/2020-Customs (N.T.) - (16/01/2020) - Exchange Rates Notification No. 05/2020-Customs (NT) dated 16th January, 2020 Notifying Customs Rate of Exchange of Foreign Currency Conversion w.e.f. 17th January, 2020. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS) ***** Notification ...

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Facility of beneficiary uploading documents through e-SANCHIT to deactivate from 31.01.2020

Circular No. 03/2020-Customs - (15/01/2020) - Since the facility of beneficiary uploading these documents through e-SANCHIT will be deactivated from 31.01.2020, beneficiary registration is of utmost importance. Hence, all the formations are requested to reach out to the beneficiaries to ensure that correct email addresses are reflected in the I...

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Tariff Notification No. 04/2020-Customs (N.T.) dated 15.01.2020

Notification No. 04/2020-Customs (N.T.) - (15/01/2020) - Tariff Notification No. 04/2020-CUSTOMS (N.T.) in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seed, Areca nut, Gold & Silver – reg Government of India Ministry of Finance (Department of Revenue) (Central Board of Indirect Taxes and Customs) Notification No. 04/20...

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Notification of Ghasuapara LCS for imports

Notification No. 03/2020- Customs (N.T.) - (15/01/2020) - Notification No. 03/2020- Customs (N.T.)- Notification of Ghasuapara LCS for imports also by amendment of Notification No. 63/1994-Customs dated 21st November 1994 GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 03/2020- Customs (N.T.) New Delhi, the 15th January, 20...

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Notification No. 4/2020-Customs (N.T./CAA/EXTENSION/DRI) Dated 14.01.2020

Notification No. 4/2020-Customs (N.T./CAA/EXTENSION/DRI) - (14/01/2020) - Appointment of CAA by DGRI vide Notification No. 4/2020-Customs (N.T./CAA/EXTENSION/DRI) Dated: 14th January, 2020 Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs Directorate of Revenue Intelligence Notification No. 4/2020-Customs (N.T./CAA...

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Recent Posts in "Custom Duty"

Demand of duty and interest when delay on part of authorities processing necessary redemption certificate

Hetero Labs Limited Vs Assistant Commissioner (Telangana High Court)

Hetero Labs Limited Vs Assistant Commissioner (Telangana High Court) Demand of duty and interest when delay on part of authorities processing necessary redemption certificate: The assessee was exempted from payment of customs duty by Notification No. 96/2009-Cus. subject to condition that evidence of discharge of export obligation was pro...

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Customs: No penalty U/s. 112(a) on goods not liable for confiscation U/s. 111

Pathange & Co. Vs Commissioner of Customs (CESTAT Hyderabad)

The short point to be decided is whether the consignment MFD copiers imported prior to 05.06.2012 when the restriction was imposed upon them are liable to confiscation under section 111(d) for violation of Foreign Trade Policy....

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Cabling of various parts of agriculture machine is not ‘manufacture’

SPL Technologies Pvt. Ltd. Vs Principal Commissioner of Customs (Import) (CESTAT Delhi)

CESTAT Delhi has held that mere cabling of various parts of agricultural machine (laser level transmitter, laser receivers, control boxes connecting cables and rechargeable battery packs) so as to let them function as a complete machine does not amount to manufacture and hence benefit of Sl. No. 399(A) of Not No. 12/2012-Cus. cannot be de...

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Penalty under Section 114 of Customs Act cannot be imposed on CHA

Kailash Bahiru Jadhav Vs Commissioner of Customs (Export) (CESTAT Mumbai)

Kailash Bahiru Jadhav Vs Commissioner of Customs (Export) (CESTAT Mumbai) Customs House Agents Licensing Regulation, 2004 which is a comprehensive self-contained scheme for licensing, operations, monitoring and regulation, is a standalone provision. Indeed it is a special provision in the Customs Act, 1962 by which, a whole range of activ...

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Computer with integrated CPU, VDU and virtual keyboard is portable PC

Lenovo (India) Pvt. Ltd. Vs. Commissioner of Customs (Import) -(CESTAT Mumbai)

Lenovo (India) Pvt. Ltd. Vs. Commissioner of Customs (Import)- (CESTAT Mumbai) Computer having integrated CPU, VDU, but without physical keyboard (having virtual keyboard), and weighing less than 10 kg is classifiable as portable PC under TI 84713010 and not under TI 84715000 of the Customs Tariff Act, 1975. The Tribunal found no literatu...

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Valuation without indicating how market survey was conducted, is wrong

Tushar Trading Company Vs Principal Commissioner of Customs (CESTAT Delhi)

Tushar Trading Company Vs Principal Commissioner of Customs (CESTAT Delhi) Assessing officer has enhanced the declared value on the ground that those are not inconsonance with the current market price of similar goods being sold in the Indian market. However, the adjudication order does not indicate as to how and where the market survey h...

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EPCG scheme: No interest payable on composition fee as same is not duty under Customs Section 28

Lulu International Convention Centre Pvt Ltd Vs Commissioner of Customs Cochin-cus (CESTAT Bangalore)

Lulu International Convention Centre Pvt Ltd Vs Commissioner of Customs Cochincus (CESTAT Bangalore) Appellant has discharged the export obligation and has also obtained redemption certificate from DGFT. Further I find that as per the EPCG Scheme, there is a provision that extension in export obligation period beyond two years period may ...

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Goods cleared for home consumption do not retain identity of imported goods

Naitik Enterprise Vs Union of India (Gujarat High Court)

Naitik Enterprise Vs Union of India (Gujarat High Court) In terms of sub-section (25) of section 2 of the Customs Act, once the goods are cleared for home consumption, they no longer retain the identity of the imported goods. Under the circumstances, once the goods have been cleared, such goods no longer remain to be […]...

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Denial of cross examination of Directors not violative of principles of natural justice in all cases

Silicone Concepts International Pvt. Ltd. Vs Principal Commissioner of Customs (CESTAT Delhi)

Delhi High Court has held that statement of directors of company who were co-noticees cannot be in every case need to be cross examined under Section 9D of the Central Excise Act, 1944 or Section 138 of Customs Act, 1962. It was held that statement of directors cannot be called as statement simplicitor but a statement as that of the compa...

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Customs not to recover from legal heirs of deceased noticees/assessees

Amandeep Singh Sehgal Vs Commissioner of Customs (Preventive) (Delhi High Court)

Amandeep Singh Sehgal Vs Commissioner of Customs (Preventive) (Delhi High Court) Customs Department cannot proceed against legal heirs of a deceased noticee/assessee against whom there may be proceedings for recovery of customs duty. The Delhi High Court while holding so, observed that there is no machinery provision in the Customs Act, 1...

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Latest Custom Duty News

Read all the headlines and latest custom duty news, updates and announcements regarding Customs Act, changes in custom duty rates and custom duty challans only at Taxguru.com Custom duty is an indirect tax which is applicable on goods which are imported into India and a few goods which are exported out of India. Globally, countries levy custom duties over import and export of goods for raising revenue and also for shielding their domestic companies from competitors from several other countries. Custom duty in India is imposed on almost universally all the goods which are imported into India. Export duties are imposed on few goods as provided under Second Schedule. These duties are not imposed on few items such as lifesaving drugs or equipment, food grains, fertilizers etc. Import duties are divided into basic duty, true countervailing duty, additional customs duty, protective duty, anti-dumping duty and education cess. Customs duty in India is imposed according to the value of the goods or their weight, dimension and other various criteria as per the goods. Where the duties are based on goods value, then the custom duties are known as ad valorem duties, and where the duty is based on quantity or weight, the duties are known as specific duties. Customs Act, 1962 empowers the government of India for levying customs duty, prohibiting import and export of goods, framing policies for exporting and importing and penalties, offences etc. All the matters which are related to custom duty comes under the CBEC (Central Board of Excise & Customs). The Central Board of Excise & Customs also formulates policies with respect to custom duty rate, smuggling prevention and administrative decisions that are related to customs formations. Get all the latest custom duty news and updates here at Taxguru. We offer a cohesive and detailed analysis of the relevant updates and announcements related to custom duties. We keep our site updated with all the latest updates, announcements and news on custom duty. Get to know about all the changes and updates to the custom duty challan and other such specific details.

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