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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. Functions of Custom Department.
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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
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
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
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.
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”
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
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