CUSTOMS MATTERS IN THE SUPREME COURT OF INDIA
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CUSTOM MATTERS –
Goods are imported in or exported from India through sea, air or land. Goods may even come through post parcel or as baggage when passengers travel in and out of the country. The Customs Act was formulated in the year 1962 to prevent the illegal import and export of goods. Moreover, all imported goods are subject to the duty to affording protection to indigenous industries as well as to keep the imports to a minimum in the interests of Indian companies and to secure the exchange rate of the Indian currency
The following purposes are the reason why Customs Duty is levied on the import and export of goods in India.
ü To restrict the imports for conserving foreign exchange.
ü To protect the imports and exports of goods for achieving the policy objectives of the Government.
ü To regulate export
ü To co-ordinating legal provisions with other laws dealing with the foreign exchange such as the Foreign Trade Act and the Foreign Exchange Regulation Act.
ü To safeguard domestic trade.
ü To protect the revenue of resources.
ü To protect the industries in India from unfair competition.
ü To prevent the smuggling of goods and activities related to the same.
ü To prevent the dumping of goods.
Types of Customs Duty in India
The different types of duties of customs collected are as follows.
Ø Basic Custom Duty
Ø Surcharge
Ø Additional duty of customs
Ø Special Additional duties
Ø Other levies like Countervailing duty, Anti-dumping duty, Safeguard duty and so on. Also, cess duty is leviable of certain goods.
Customs Law in India is covered under many Acts, rules, regulations and notifications. Some of the essential laws concerning Customs Duty has been mentioned below.
The Customs Act of 1962
The Customs Act of 1962 is the most crucial Act that provides for the implementation and collection of duty on goods imported and exported in the country. This Act also deals with the Import and Export procedures, Prohibitions on importation and exportation of goods, penalties, offences and much more.
The Customs Tariff Act of 1975
The Customs Tariff Act of 1975 contains two schedules. Schedule-1 gives the classification and rate of duties for imports. On the other hand, Schedule-2 gave classification and rated of duties for exports. In addition to these two schedules, the Customs Tariff Act makes provisions for duties like additional duty (CVD), special duty, anti-dumping duty and protective duties.
Note: The Customs Act of 1962 regulates the levy of duties of customs while the Customs Tariff Act of 1975 fixes the rates of the taxes.
Rules under the Customs Act
The Section 156 of the Customs Act of 1962 states that the Central Government has been empowered to make regulations that are consistent with the provisions of the Act and to carry out the main purposes of the Act. Multiple rules have been framed under these powers. The principal rules of this Act have been mentioned below.
1. The Customs Valuation Rules of 1988: For the valuation of imported goods for calculating duty payable.
2. The Customs and Central Excise Duties Drawback Rules of 1995: The mode of calculating rules of duty drawback on exports.
3. Re-export of Imported Goods
4. Baggage Rules of 1998: This stated the rules and allowances for bringing in baggage from abroad by Indian and tourists who visited the country. Duty-free baggage allowance carried by an international passenger, when coming to India is INR 50,000/- per individual. Before the 31st of March, 2016, the amount was INR 45,000/-. With effect from the First of April, 2016, all international passengers travelling to India need not file declarations if not carrying dutiable goods as part of the baggage they bring along with them.
5. Customs Rules of 1996: This states the import of goods at a concessional rate of duty for manufacture of excisable goods. It also provides the procedure to be followed when goods are imported into India for export purposes.
Regulations under the Customs Act
Under Section 157 of Customs Act of 1962, the Board has the authority to make rules that are consistent with provisions of the Act to carry out the purposes of the Act. Various regulations have been framed under these powers such as the ones stated below.
1. Project Import Regulations of 1986: Procedures for project imports
2. Customs House Agents Licensing Regulations of 1984
JAYPRAKASH SOMANI, ADVOCATES & SOLICITORS is a law firm in India. With long stretches of involvement in the fields of litigation, arbitration, mediation, and corporate consultancy, our team of legal advisors has been working with the intention to provide complete, reliable, legitimate answers for their clients, concerning CUSTOM matters. We are dealing all types of matters with very efficient manners.
Customs Law in India is covered under many Acts, rules, regulations and notifications. Some of the essential laws concerning Customs Duty has been mentioned below.
The Customs Act of 1962
The Customs Act of 1962 is the most crucial Act that provides for the implementation and collection of duty on goods imported and exported in the country. This Act also deals with the Import and Export procedures, Prohibitions on importation and exportation of goods, penalties, offences and much more.
The Customs Tariff Act of 1975
The Customs Tariff Act of 1975 contains two schedules. Schedule-1 gives the classification and rate of duties for imports. On the other hand, Schedule-2 gave classification and rated of duties for exports. In addition to these two schedules, the Customs Tariff Act makes provisions for duties like additional duty (CVD), special duty, anti-dumping duty and protective duties.
Note: The Customs Act of 1962 regulates the levy of duties of customs while the Customs Tariff Act of 1975 fixes the rates of the taxes.
Rules under the Customs Act
The Section 156 of the Customs Act of 1962 states that the Central Government has been empowered to make regulations that are consistent with the provisions of the Act and to carry out the main purposes of the Act. Multiple rules have been framed under these powers. The principal rules of this Act have been mentioned below.
1. The Customs Valuation Rules of 1988: For the valuation of imported goods for calculating duty payable.
2. The Customs and Central Excise Duties Drawback Rules of 1995: The mode of calculating rules of duty drawback on exports.
3. Re-export of Imported Goods
4. Baggage Rules of 1998: This stated the rules and allowances for bringing in baggage from abroad by Indian and tourists who visited the country. Duty-free baggage allowance carried by an international passenger, when coming to India is INR 50,000/- per individual. Before the 31st of March, 2016, the amount was INR 45,000/-. With effect from the First of April, 2016, all international passengers travelling to India need not file declarations if not carrying dutiable goods as part of the baggage they bring along with them.
5. Customs Rules of 1996: This states the import of goods at a concessional rate of duty for manufacture of excisable goods. It also provides the procedure to be followed when goods are imported into India for export purposes.
Regulations under the Customs Act
Under Section 157 of Customs Act of 1962, the Board has the authority to make rules that are consistent with provisions of the Act to carry out the purposes of the Act. Various regulations have been framed under these powers such as the ones stated below.
1. Project Import Regulations of 1986: Procedures for project imports
2. Customs House Agents Licensing Regulations of 1984
The law firm has effectively helped the clients in adjudicating suits by supporting court proceedings. Furthermore, it additionally guarantees fast and compelling removal of defects in Courts.
ADVOCATE JAYPRAKASH SOMANI has published 61 books on different SEBI matters of Supreme Court’s latest leading case laws and where one book is related to Custom Matters. Name of the book is given below:-
List of Adv. Jayprakash Somani’s Books
1. Customs Act- Supreme Court’s Leading Case Laws
Books are available online in India
1. Notion Press: https://notionpress.com/author/jayprakash_somani
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Books are available online at International Market
4. Amazon International: https://www.amazon.com/s?k=jayprakash+somani
5. Amazon United Kingdom: https://www.amazon.co.uk/s?k=jayprakash+somani
6. E-Books/Kindle edition at National & International Level: https://www.amazon.in/s?k=jaypraksh+somani