Taxmann's Customs Law & Practice with Foreign Trade Policy

Page 1


Chapter-heads I-5

Section-wise Index I-29

Glossary (Acronyms) I-39

1 INTRODUCTION TO CUSTOMS DUTY

2 TYPE OF CUSTOM DUTIES

PRINCIPLES OF CLASSIFICATION OF GOODS

VALUATION FOR CUSTOMS DUTY

CUSTOMS

PROCEDURES

IMPORT

PROCEDURES

EXPORT

PROCEDURES

13

CUSTOMS BROKER

14

BAGGAGE

15

CUSTOMS PROCEDURES FOR COURIER AND POST

16

EXEMPTION FROM CUSTOMS DUTY

17

INTERPRETATION OF EXEMPTION NOTIFICATION

18

19

20

21

REFUND OF CUSTOMS DUTY AND INTEREST

WAREHOUSING IN CUSTOMS

ENFORCEMENT POWERS OF CUSTOMS OFFICERS

29 PENALTIES FOR NON-PAYMENT CUSTOMS DUTY

PENALTIES IN CUSTOMS ACT

CONFISCATION IN CUSTOMS

MISCELLANEOUS PROVISIONS IN CUSTOMS LAW

CRIMINAL OFFENCES IN CUSTOMS

APPEALS - GENERAL PROVISIONS

DEPARTMENTAL APPEAL AND REVIEW

POWERS AND LIMITATIONS OF TRIBUNAL

OVERVIEW OF FOREIGN TRADE POLICY 2023

GEM AND JEWELLERY UNITS

QUALITY COMPLAINTS AND TRADE DISPUTES

55

CROSS BORDER TRADE IN DIGITAL ECONOMY (E-COMMERCE)

56 SCOMET

57

MISCELLANEOUS PROVISIONS IN FTP

DUTY DRAWBACK

SPECIAL ECONOMIC ZONES

Chapter

CUSTOMS PROCEDURES

10.1 Background of procedures

Entry

Amendment to documents in such form and manner and within such time, subject to such restrictions

Para 10.1

or conditions as may be prescribed

Bona fide

ACC for Appraisement Associated Forest Prod

CC N C John

Sai Shipping Agencies CC

CC Binani Metals

Time limit and condition for conversion of shipping bill after export

Amendment after clearance and conversion of shipping bill -

Ashok Leyland Ltd CCE -

Taksal Pharma CC -

CC Swatch Group

CC Gokaldas Images

Amendment to export or import documents by importer or exporter himself

proviso

175 Para 10.1

Correction of clerical mistake

Fees for amendment of documents or obtaining certified copy of customs documents

Signature with name and designation

Merchant Overtime fee official see Chapter 12 of CBI&C’s Customs Manual, 2023. have been discontinued

CCE Sarla Polyester Ltd.

Paperless Initiatives by customs

Ease of doing business - reducing paper work, electronic messages -

ICEDASH EoDB monitoring dashboard by CBI&C

Digital signatures on various documents to be submitted to Customs -

Verification and monitoring of duty credit scrips by customs -

Customs Clearance Facilitation Committee at major customs ports

24x7 customs clearance operations at some ports Para 10.1

177

Para 10.1

Grievance redressalChapter

32 of CBI&C’s Customs Manual, 2023

Online transmission of shipping bills and authorisations between customs and DGFT -vice versa

ICEGATESWIFT

Common Customs Electronic Portal

Exchange Rate Automation Module (ERAM) i.e.

10.1-1 Import Data Processing and Monitoring System (IDPMS)

10.1-2 Single window clearance - Integrated Declaration

Para 10.1

Regulatory checks and NOC not required for clearance from customs warehouse

10.1-3 Authorised Economic Operator

vide vide

Para 10.1

Security in case of provisional assessment by AEO

vide

Web based application for AEO-T-1

Deferred payment of customs duty for AEO-T2 and AEO-T3 importers -

Liberalised Authorised Economic Operator Package for MSMEs

181 Para 10.1

viz. inter alia

10.1-4 Omnibus powers to CBI&C (Board) to relax procedures or any other persons a b c d

10.1-5 Verification of identity of a person through Aadhaar Number -

10.1-6 Procedure for Verification of Identity and Compliance of Exporter, Importer and Customs Brokers

Information to person selected for verification of identity

Verification of identity -

Authentication of Aadhaar and PAN

Verification by proper officer of customs -

Physical verification of premises

183

Result of verification of identity

Verification of compliance -

Suspension of benefits.–i

Restoration of benefits– -

Denial of benefitsi a f

Appeal against order of Commissioner/Principal Commissioner of Customs

Penalty for contravention -

10.1-7 Turant Customs

Para 10.1

10.1-8 Faceless assessment of Bill of Entry and Appeals

National Assessment Centres and Faceless Assessment Groups vide

Customs Officers for conducting faceless or remote assessment

Anonymized Escalation Mechanism & extension of Standard Examination Orders through RMS (Phase 1, Part 2)

Appeal in case of order issued under faceless assessment -

CUSTOMS LAW & PRACTICE WITH FOREIGN TRADE POLICY

AUTHOR : V.S. Datey

PUBLISHER : TAXMANN

DATE OF PUBLICATION : September 2024

EDITION : 26th Edition

ISBN NO : 9789364554978

NO. OF PAGES : 944

BINDING TYPE : Hardbound

DESCRIPTION

Rs. 3,495

This comprehensive handbook provides an in-depth, topic-wise analysis of Customs Law and Foreign Trade Policy in India. It covers key areas such as customs duties, classification, valuation, procedures, exemptions, penalties, appeals, and sector-specific provisions like SEZs and EOUs. It includes practical insights through statutory provisions and case laws. It interlinks Customs, Foreign Trade, and GST Laws for a holistic understanding.

This book is helpful to customs professionals, customs house agents, legal practitioners, and businesses involved in international trade providing clear, accessible commentary and practical tools for understanding complex customs and trade regulations. The Present Publication is the 26th Edition and has been amended by the Finance (No. 2) Act 2024. This book is authored by V.S. Datey with the following noteworthy features:

• [Graded Analysis] Step-by-step coverage from foundational concepts to complex procedures

• [Comprehensive Coverage] Thorough explanations on pillars of customs law, including assessments, appeals, and warehousing

• [Procedural Insights] Detailed coverage of import/export processes, customs clearance, and related procedures

• [Case Law Integration] Practical insights fortified with case laws and analysis of judicial outcomes

• [Foreign Trade Policy 2023] The key areas include Export/Import Policy, Advance Authorisation, EPCG, and sector-specific schemes

• [Interlinking of Laws] Integrated view of Customs, Foreign Trade, and GST Laws, aiding multi-faceted trade compliance

• [Sector-Specific Guidance] Focus on SEZs, EOUs, and other specialised sectors for targeted compliance insights

• [Penalties and Appeals] Comprehensive analysis of enforcement, penalties, and appeals from departmental levels to higher courts

• [Practical Tools] Includes chapter heads, index, glossary, and a detailed table of contents for easy navigation

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