29 July 2016
Recently two different High Courts in India have, in separate decisions, considered the question of continuation of obligations, under the exemption notifications, after the said notification has been rescinded.
Obligations when not continuous
Madras High Court has held that ...
4 May 2016
The Delhi High Court has held that officers of Commissionerates of Customs (Preventive), Directorate General of Revenue Intelligence (‘DRI’), Directorate General of Central Excise Intelligence (DGCEI) and similarly placed officers, do not have jurisdiction to issue show cause notices under Section 28 of the Customs Act, 1962, in respe...
29 January, 2016
Section 110 of the Customs Act empowers a proper officer to seize goods while Section 110A allows an adjudicating authority to provisionally release seized goods pending the order of the adjudicating authority. Five Member Larger Bench of the Tribunal has now held that since an order under Section 110A of the Customs Act can be passed only by an adjudicating auth...
21 October 2015
Delhi High Court has held that appeal against provisional release of goods can be filed before Commissioner (Appeals). The Court in a recent judgement (Gurdeep Kaur v. Commissioner) noted that the order in relation to provisional release falls within the description of “order or decision” as provided in Section 128 of...
14 January, 2015
Central Board of Excise and Customs has last month given some major relief to Indian exporters and importers in terms of procedures to be followed while making imports and exports. While Packing list is not mandatory now, benefit of exemption from bank guarantee has been made available to authorization holders who were penalized earlier. Benefit of ACP status has also been fu...
19 August, 2014
Interest is not payable by the importer when provisional assessment was made before 13-7-2006 but the same was finalized much later. Provisions for interest on finalization of assessments were introduced under Section 18(3) of Customs Act, 1962 from 13-7-2006. The dispute which was decided by New Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) by its...
8 May, 2014
Delhi High Court has held that in the absence of Rules under Section 9AA(2)(i) of the Customs Tariff Act, 1975, limitation period of one year for making a refund application would be as indicated in Section 27(1B)(b) of the Customs Act, 1962, in the facts of the case. The court in Chandra Prabhu International Ltd. case hence allowed refund of anti-dumping duty, paid earlier under ...
By Atish Laddha
The Central Government has recently introduced the new Foreign Trade Policy 2015-20 (FTP) on with an aim to increase exports of merchandise and services from India from the current (F.Y. 2013-14) USD 465.9 billion to USD 900 billion by F.Y. 2019-20, and to raise India’s share in world exports from 2% to 3.5%.
By V. Sridhar
In the Budget of 2011 changes were made in the Customs Act, 1962 so as to introduce a new concept of self-assessment and post-clearance audit. This article briefly analyses the new provisions, their implications to the revenue administration and to the community of importers and exporters.
Before getting into specifics, it would be useful to refer to a trend that has been e...
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