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Scope & coverage of customs Law
Customs Act Rules under customs Act Regulation under customs Rules u/s 156 & Regulation u/s 157 Parliamentary approval for rules & regulation Notification under customs Act Custom Manual Public Notice
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Functions of Custom Department
Collection of duty and recovery of penalty Discharge of various agency functions, & enforcing various prohibitions & restriction on imports & exports Enforcement of various provisions of customs Act governing imports & exports of cargo, baggage, postal articles etc Prevention of smuggling including interdiction on narcotics drugs trafficking International passenger processing
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Taxable event for Import duty
Taxable event for imported goods would be date on which it reach to custom barriers & bill of entry for home consumption is being field Though, import into India will start when goods enter into territorial water of India & it will complete when goods become part of mass of goods in the country (Kiran spinning mill Vs CC) Rate of duty would be – which ever is later Date of bill of entry presented or Date of entry inward
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Taxable event In case of warehoused goods – Date on which bill of entry for home consumption will filed from bonded warehouse In case of Export Export will complete when goods cross territorial waters of India Duty collection may be in advance before completion of export.
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Definitions Goods :- includes
Vessels, aircrafts & vehicles Stores , baggage , currency and negotiable instruments and other kinds of movable properties Dutiable Goods:- goods on which duty payable before custom clearance. Following is not dutiable goods If any goods assessed at “Nil” If duty rate is “free”
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Definitions Imported Goods:- goods brought in India from a place outside India. Once the goods is being cleared for home consumption – status of goods will not remain imported Export Goods:- Any goods which are to be taken out of India to a place outside India Goods at port for export purpose “export goods” Crossing of territorial water by goods result in to loss of control by India law so Indian provisions can not confiscate the same
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Rate of custom duty applicable
Basic customs duty Subject to exemption, notification etc. Import from preferential area will be charged preferred rate Rate for additional duty (CVD) Rate when goods consists of articles liable to different rates of duty Rate of accessories & spare parts along with machinery
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