Custom Duty
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Applying CAROTAR maintaining consistency with provisions of relevant trade agreement or its Rules of Origin – reg
Innocent party should not suffer for inaction of his consultant: HC
Revised Guidelines for Arrest & Bail for offences under Customs Act,1962
Guidelines for launching of Prosecution for offences under Customs Act
Delay of decade in proceeding makes entire proceeding vitiated
Earlier decision of co-ordinate jurisdiction cannot be rendered per incuriam
Recording statement of accused is necessary pre-condition, before initiating proceedings for evasion of custom duty
Revenue cannot allege switching of samples without proper evidence
Benefit given to importer as dept failed to substantiate allegation of undervaluation
Non reporting of change in constitution by Customs Broker – CESTAT upheld Penalty
Requirement of Health Certificate accompanied with import of food consignments
Waiver of pre-deposit is not tenable on account of financial inability
Supplies from DTA to SEZ – Whether Export Duty Applicable?
Tariff Notification No. 68/2022-Customs (N.T.) Dated 12th August, 2022
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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.
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