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BUDGETARY CHANGES IN CUSTOMS PART I

Budget - By: - Mr.M. GOVINDARAJAN - Dated:- 1-2-2018 - The Hon ble Finance Minister presented his budget for the year 2018 - 19 in the Lok Sabha on 01.02.2018. The Finance Bill, 2018 ( Bill for short) has brought many changes in the direct tax as well as indirect taxation and further made many changes in many of the Acts. In this article important changes caused in Customs Act ( Act for short) by the Finance Bill, 2018 are discussed. Assessment Clause 56(i) of the Bill proposes to amend the def .....

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rmined in accordance with the provisions of this Act and the Customs Tariff Act; exemption or concession of duty, tax, cess or any other sum, consequent upon any notification issued there for under this Act or under the Customs Tariff Act or under any other law for the time being in force; the quantity, weight, volume, measurement or other specifics where such duty, tax, cess or any other sum is leviable on the basis of the quantity, weight, volume, measurement or other specifics of such goods; .....

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change the definition of the term Board . According to the new definition the term Board means Central Board of Indirect Taxes and Customs constituted under the Central Boards of Revenue Act, 1963. Prohibition on importation and exportation of goods Section 11 of the Act provides the power to Central Government to prohibit either absolutely or subject to such conditions (to be fulfilled before or after clearance) as may be specified in the notification, the import or export of goods of any spec .....

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ction or obligation is notified under the provisions of this Act, subject to such exceptions, modifications or adaptations as the Central Government deems fit. Provisional assessment - obligations of importer or exporter Section 18 of the Act prescribes the procedure for provisional assessment of duty. Clause 59(ii) of the Bill proposes to insert a new sub section (1A). The newly inserted section 18(1A) provides that where, pursuant to the provisional assessment, if any document or information i .....

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on 25A provides that where the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification, exempt such of the goods which are imported for the purpose of repair, further processing or manufacture, as may be specified therein, from the whole or any part of duty of customs leviable thereon, subject to the following conditions- the goods shall be re-exported after such repair, further processing or manufacture, as the case may be, within a period o .....

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mported after being exported for the purposes of repair, further processing or manufacture, as may be specified therein, from the whole or any part of duty of customs leviable thereon, subject to the following conditions- the goods shall be re-imported into India after such repair, further processing or manufacture as the case may be, within a period of one year from the date on which the order permitting clearance for export is made; the exported goods are identifiable in the re-imported goods; .....

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collusion or any willful mis-statement or suppression of facts, the proper officer shall, within two years from the relevant date, serve notice on the person chargeable with the duty or interest which has not been so levied or paid or which has been short-levied or short-paid or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice. Clause 61(i) of the Bill proposes to insert a proviso to section 28(1)(a) of the Act. Th .....

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es and in such manner as may be prescribed, and the provisions of this section shall apply to such supplementary notice as if it was issued under the subsection (1) or (4). Extension of time for determination of duty Section 28 (8) provides that the proper officer shall, after allowing the concerned person an opportunity of being heard and after considering the representation, if any, made by such person, determine the amount of duty or interest due from such person not being in excess of the am .....

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hin the specified period, any officer senior in the rank to the proper officer may, having regard to the circumstances under which the proper officer was prevented from determining the duty or interest under sub section (8), extend the period specified in clause (a) to a further period of six months and the period specified in clause (b) to a further period of one year. The second proviso provides that where the proper officer fails to determine within such extended period, such proceedings shal .....

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the Appellate Tribunal or the High Court or the Supreme Court; or an interim order of stay has been issued by the Appellate Tribunal or the High Court or Supreme Court; or the Board has, in a similar matter, issued specific direction or order to keep such matter pending; or the Settlement Commission has admitted an application made by the person concerned the proper officer shall inform the person concerned the reason for non determination of the amount of duty or interest under sub-section (8) .....

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n the amount refunded under said sub section, the excess amount so refunded shall be recovered along with interest thereon at the rate fixed by the Central Government under section 28AA from the date of refund up to the date of recovery, as a sum due to the Government. Deemed notice The newly inserted section 28(10B) provides that a notice issued under section 28(4) shall be deemed to have been issued under section 28(1), if such notice demanding duty is held not sustainable in any proceeding un .....

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n declares that in cases where notice has been issued for non levy, not paid, short levy or short paid or erroneous refund after 14.05.2015 but before the date on which the Finance Bill, 2018 receives the assent of the President, they shall continue to be governed by the provisions of section 28 as it stood immediately before date on which such assent is received. Advance Rulings Definitions Chapter VB of the Act deals with the Advance Rulings containing sections from 28E to 28M. Clause 62 of th .....

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rted. According to this new section the expression Appellate Authority means the Authority for Advance Rulings constituted under section 245-O of the Income Tax Act, 1961. Section 28E(c) as amended defines the term applicant as any person- holding a valid importer-exporter Code Number granted under section 7 of the Foreign Trade (Development and Regulation) Act, 1992; or exporting any goods to India; or with a justifiable cause to the satisfaction of the Authority who makes an application for ad .....

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nction as a Customs Authority for Advance Rulings. Till the date of appointment of the Customs Authority for Advance Rulings, the existing Authority for Advance Rulings constituted under Section 245-O of the Income Tax Act, 1961 shall continue to be the Authority for giving advance rulings for the purposes of this Act. Section 28EA (2) provides that the offices of the Authority may be established in New Delhi and at such other places, as the Board may deem fit. Section 28EA (3) provides that sub .....

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der this Act: Provided that the Member from the Indian Revenue Service (Customs and Central Excise), who is qualified to be a Member of the Board, shall be the revenue Member of the Appellate Authority for the purposes of this Act. The newly inserted section 28F(3) provides that on and from the date of appointment of Customs Authority for Advance Rulings, every application and proceeding pending before the erstwhile Authority for Advance Rulings shall stand transferred to the Authority from the .....

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n on which the advance ruling is sought shall be in respect of, - (a) classification of goods under the Customs Tariff Act, 1975 (51 of 1975); (b) applicability of a notification issued under sub-section (1) of section 25, having a bearing on the rate of duty; (c) the principles to be adopted for the purposes of determination of value of the goods under the provisions of this Act. (d) applicability of notifications issued in respect of duties under this Act, the Customs Tariff Act, 1975 or any t .....

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licant may withdraw his application within thirty days from the date of the application. (5) The applicant may be represented by any person resident in India who is authorized in his behalf. Explanation - For the purposes of this sub-section resident shall have the same meaning as assigned to it in section (42) of the Income Tax Act, 1961. Time limit to decide Advance Ruling Clause 66 of the Bill seeks to reduce the time limit to pronounce the Advance Ruling to 3 months from 6 months under secti .....

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te of such advance ruling and ending with the date of the order this sub section shall be excluded. Appeal to the Appellate Authority Clause 68 of the Bill seeks to insert section 28KA after section 28K. Section 28KA(1) provides that any officer authorized by the Board, by notification, or the applicant may file an appeal to the Appellate Authority against any ruling or order passed by the Authority within 60 days from the date of the communication of such ruling or order, in such form and manne .....

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