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safeguarding customs duties and for controlling the flow of goods including
animals, personal effects and hazardous items in and out of a country.
Depending on local legislation and regulations, the import or export of some
goods may be restricted or forbidden, and the customs agency enforces
these rules.[1] The customs authority may be different from the immigration
authority, which monitors persons who leave or enter the country, checking
for appropriate documentation, apprehending people wanted by international
arrest warrants, and impeding the entry of others deemed dangerous to the
country. In most countries customs are attained through government
agreements and international laws.
Commercial goods not yet cleared through customs are held in a customs
area, often called a bonded store, until processed. All authorized ports are
recognized customs area.
Types of duties
Under the custom laws, the following are the various types of duties which
are leviable.
Basic Duty:
This is the basic duty levied under the Customs Act. The rate varies for
different items from 5% to 40%.
This additional duty is levied under section 3 (1) of the Custom Tariff Act and
is equal to excise duty levied on a like product manufactured or produced in
India. If a like product is not manufactured or produced in India, the excise
duty that would be leviable on that product had it been manufactured or
produced in India is the duty payable. If the product is leviable at different
rates, the highest rate among those rates is the rate applicable. Such duty is
leviable on the value of goods plus basic custom duty payable. eg. If the
customs value of goods is Rs. 5000 and rate of basic customs duty is 10%
and excise duty on similar goods produced in India is 20%, CVD will be
Rs.1100/-.
Anti-dumping Duty:
Sometimes, foreign sellers abroad may export into India goods at prices
below the amounts charged by them in their domestic markets in order to
capture Indian markets to the detriment of Indian industry. This is known as
dumping. In order to prevent dumping, the Central Government may levy
additional duty equal to the margin of dumping on such articles, if the goods
have been sold at less than normal value. Pending determination of margin of
dumping, such duty may be provisionally imposed. After the exact rate of
dump ing duty is finally determined, the Central government may vary the
provisional rate of dumping duty. Dumping duty can be imposed even when
goods are imported indirectly or after changing the condition of goods. There
are however certain restrictions on imposing dumping duties in case of
countries which are signatories to the GATT or on countries given "Most
Favoured Nation Status" under agreement. Dumping duty can be levied on
imports on such countries only if the Central Government proves that import
of such goods in India at such low prices causes material injury to Indian
industry.
Protective Duty:
In case a foreign country subsidises its exporters for exporting goods to India,
the Central Government may import additional import duty equal to the
amount of such subsidy or bounty. If the amount of subsidy or bounty cannot
be clearly deter mined immediately, additional duty may be collected on a
provisional basis and after final determination, difference may be collected or
refunded, as the case may be.
Export Duty:
Such duty is levied on export of goods. At present very few articles such as
skins and leather are subject to export duty. The main purpose of this duty is
to restrict exports of certain goods. The Central Government has been
granted emergency powers to increase import or export duties if the need so
arises. Such increase in duty must be by way of notification which is to be
placed in the Parliament within the session and if it is not in session, it should
be placed within seven days when the next session starts. Notification should
be approved within 15 days.
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Paraxylene
Footwear of RSP exceeding Rs.250 but not exceeding Rs.750 per pair
Pressure cookers
Vacuum and gas filled bulbs of RSP not exceeding Rs.20 per bulb
Duty paid High Speed Diesel blended with upto 20% bio-diesel to be fully
exempted from excise duties.
Excise duty for man-made and natural fibres other than pure cotton, beyond
the fibre and yarn stage, to be increased from 4% to 8% under the existing
optional scheme.
The Customs Act was formulated in 1962 to prevent illegal imports and
exports of goods. Besides, all imports are sought to be subject to a duty with
a view to affording protection to indigenous industries as well as to keep the
imports to the minimum in the interests of securing the exchange rate of
Indian currency.
Duties of customs are levied on goods imported or exported from India at the
rate specified under the customs Tariff Act, 1975 as amended from time to
time or any other law for the time being in force. For the purpose of
exercising proper surveillance over imports and exports, the Central
Government has the power to notify the ports and airports for the unloading
of the imported goods and loading of the exported goods, the places for
clearance of goods imported or to be exported, the routes by which above
goods may pass by land or inland water into or out of Indian and the ports
which alone shall be coastal ports
For a person who do not actually import or export goods customs has
relevance in so far as they bring any baggage from abroad.
Importance of Central Excise Duty
Central excise revenue is the biggest single source of revenue for the
Government of India. The Union Government tries to achieve different socio-
economic objectives by making suitable adjustments in the scope and
quantum of levy of Central Excise duty. The scheme of Central Excise levy is
suitably adapted and modified to serve different purposes of price control,
sufficient supply of essential commodities, industrial growth, promotion of
small scale industries and like Authority for collecting the Central Excise duty.
Article 265 of the Constitution of India has laid down that both levy and
collection of taxes shall be under the authority of law. The excise duty is
levied in pursuance of Entry 45 of the Central List in Government of India
Act,1935 as adopted by entry 84 of List I of the seventh Schedule of the
Constitution of India. Charging section is Section 3 of the Central Excises and
Salt Act,1944.
Section 3 of the Central excises and Salt Act,1944 provides that there shall
be levied and collected in such manner as may be prescribed, duties of
excise on all excisable goods other than salt which are produced or
manufactured in India at the rates set forth in the schedule to the Central
excise Tariff Act,1985.it is therefore clear that as soon as the goods in
question are produced or manufactured, they will be liable to payment of
Excise duty. However for convenience duty is collected at the time of removal
of the goods. While Section 3 of the Central Excises and salt Act,1944 lays
down the taxable event, Rules 9 and 49 of the Central excise Rules,1944
provides for the collection of duty.
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