Custom 4

5
IMPORTATION,
EXPORTATION AND
TRANSPORTATION OF
GOODS
LEARNING OUTCOMES
After studying this chapter, you would be able to:

 comprehend the statutory provisions pertaining to importation
and exportation.
 comprehend the duties and obligations of a person-in-charge of
a conveyance bringing goods into or taking goods out of India.
 understand and apply the procedure for clearance of imported
goods and export goods.
 understand the provisions relating to postal articles and stores.
 Understand and apply the procedures relating to clearance of
baggage.
 analyse the statutory provisions pertaining to transit and
transhipment and appreciate the difference between the two.
© The Institute of Chartered Accountants of India

5.2 CUSTOMS & FTP
1. INTRODUCTION
The principles governing levy and exemption from customs duties have already
been discussed in the previous chapters. There are various procedures under the
Customs Act which govern assessment, collection, transportation and other
important aspects. The procedures relating to assessment and collection of
customs duty are discussed in this chapter.
The provisions relating to transportation are well understood when studied with
the importation and exportation procedures since both chapters are governed by
the same legal provisions. Hence the procedures relating to transportation have
been covered in the current chapter under the relevant headings.
2. IMPORTATION
In this chapter, we will consider the procedure for assessment and collection of
customs duty in respect of the following six situations of imports:
1. Goods imported by Sea
2. Goods imported by Air
3. Goods imported by Land
4. Goods imported by Post
5. Goods imported by passengers as their baggage
6. Ship stores considered to be imported and charged to customs duty
Special provisions have been made in respect of the latter three kinds of imports
though they will necessarily be covered in one of the three earlier categories.
3. DEFINITIONS OF IMPORTANT TERMS

Adjudicating authority [Section 2(1)]:means any authority competent to
pass any order or decision under this Act, but does not include the
Board, Commissioner (Appeals) or Appellate Tribunal. The adjudicating
authority can adjudicate demand of customs duty, confiscation and
penalties under Customs Act.
Assessment [Section 2(2)]:“Assessment”means determination of the
dutiability of any goods and the amount of duty, tax, cess or any other

IMPORTATION, EXPORTATION AND TRANSPORTATION OF 5.3
GOODS
sum so payable, if any, under this Act or under the Customs Tariff Act,
1975 (hereinafter referred to as the Customs Tariff Act) or under any
other law for the time being in force, with reference to —
(a) the tariff classification of such goods as determined in accordance
with the provisions of the Customs Tariff Act;
(b) the value of such goods as determined in accordance with the
provisions of this Act and the Customs Tariff Act;
(c) exemption or concession of duty, tax, cess or any other sum,
consequent upon any notification issued therefor under this Act or
under the Customs Tariff Act or under any other law for the time
being in force;
(d) 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;
(e) the origin of such goods determined in accordance with the
provisions of the Customs Tariff Act or the rules made thereunder,
if the amount of duty, tax, cess or any other sum is affected by the
origin of such goods;
(f) any other specific factor which affects the duty, tax, cess or any
other sum payable on such goods,
and includes provisional assessment, self-assessment, reassessment and any
assessment in which the duty assessed is nil.
Baggage [Section 2(3)]: includes unaccompanied baggage but does not
include motor vehicles.
Beneficial owner[Section 2(3A)]:“Beneficial owner” means any person on
whose behalf the goods are being imported or exported or who exercises
effective control over the goods being imported or exported.
Bill of entry [Section 2(4)]:means a bill of entry referred to in section 46,
to be filed when goods are imported by sea or air. This is not to be
confused with bill of lading, which is a receipt issued by the carrier to the
consignor for the goods.

5.4 CUSTOMS & FTP
Bill of export [Section 2(5)]: means a bill of export referred to in section

50to be filed when goods are exported vialand route.
Coastal goods [Section 2(7)]:means goods, other than imported goods,
transported in a vessel from one port in India to another.
Conveyance [Section 2(9)]: includes a vessel, an aircraft and a vehicle.
Customs airport [Section 2(10)]: “customs airport” means any airport
appointed under clause (a) of Section 7 to be a customs airport and
includes a place appointed under clause (aa) of that section to be an air
freight station.
Customs area [Section 2(11)]:“customs area” means the area of a
customs station or a warehouse and includes any area in which imported
goods or export goods are ordinarily kept before clearance by customs
authorities.
Customs port [Section 2(12)]: means any port appointed under clause (a)
of section 7 to be a customs port and includes a place appointed under
clause (aa) of that section to be an inland container depot.
Customs Station [Section 2(13)]: means any customs port, customs
airport, international courier terminal, foreign post office or land customs
station.
Dutiable goods: [Section 2(14)] means any goods:-
(a) which are chargeable to duty and
(b) on which duty has not been paid.
In order to be dutiable, any article must first satisfy both the following
conditions:-
(i) The article should fall within the ambit of the word goods
[defined under sec 2(22)].
(ii) The article should find a mention in the Customs Tariff.
Entry [Section 2(16)]:in relation to goods means an entry made in a bill
of entry, shipping bill or bill of export and includes the entry made under
the regulations made under section 84.
Exporter [Section 2(20)]: “Exporter”, in relation to any goods at any time
between their entry for export and the time when they are exported,

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includes any owner, beneficial owner or any person holding himself out
to be the exporter.
Foreign Post Office [Section 2(20A)]: means any post office appointed
under clause (e) of sub-section (1) of section 7 to be a foreign post
office.
Foreign going vessel or aircraft: [Section 2(21)] means any vessel or
aircraft for the time being engaged in the carriage of goods or passengers
between any port or airport in India and any port or airport outside India,
whether touching any intermediate port or airport in India or not
includes-
- any naval vessel of any foreign Government taking part in any naval
exercise;
- any vessel engaged in fishing or any other operations outside the
territorial waters of India;
- any vessel or aircraft proceeding to a place outside India for any
purpose whatsoever.
Hence, the definition consists of two limbs:-
(a) The first limb applies to the vessel/aircraft for the time being engaged
in the carriage of passengers/goods between any port/airport in India
and any port/airport outside India.
(b) The second limb covers other vessels which are which are proceeding
to a place outside India or engaged in activities outside the
territorial waters of India or which are foreign naval vessels taking
part in a naval exercise.
Goods: [Section 2(22)] “Goods” includes
(a) vessels, aircrafts and vehicles
(b) stores
(c) baggage
(d) currency and negotiable instruments and
(e) any other kind of movable property.
Import: [Section 2(23)] with its grammatical variations and cognate
expressions, means bringing into India from a place outside India.

5.6 CUSTOMS & FTP
The definition of imports is not restricted only to commercial imports. It

only means bringing of goods from any place outside India into India.
The meaning of import has been one of the most contentious issues in
Customs. There are two school of thoughts. One school of thought is that
import gets completed when the vessel carrying goods crosses the territorial
waters of India. The other school of thought is that the import is complete
only when the goods mingle with the landmass of India. Now the settled law
is in favour of second school of thought. It has been held in Garden Silk Mills
v. UOI 1999 (113) ELT 358 (SC)that import of goods into India commences
when the goods enter the territorial waters of India, but continue and
complete only when the goods become part of mass of goods within the
country. The taxable event occurs only when the goods reaches the customs
barrier and the bill of entry for home consumption is filed.
Arrival manifest or Import manifest or Import report [Section 2(24)]:
means the report required to be delivered under section 30. It may be
noted that import report is required only when goods are imported via land
route.
Imported Goods: [Section 2(25)] means any goods brought into India
from a place outside India but does not include goods, which have been
cleared for home consumption.
Importer: [Section 2(26)]:-“Importer”, in relation to any goods at any
time between their importation and the time when they are cleared for
home consumption, includes any owner, beneficial owner or any person
holding himself out to be the importer.
The definition of importer includes not only the owner but also any other
person holding out to be an importer. Owner is a person who is holding the
documents of title to the goods. This will include a high sea buyer.
However, importer also includes any person holding himself to be the
importer for purpose of clearance of goods. This is the person who files the
import documents.
However, between the two, the owner takes precedence over person
holding himself out to be the importer [Union of India v Sampath Raj Dugar,
1991 (56) ELT 739 (Bom)].The goods being abandoned by original importer,
ownership thereof continues to vest in foreign supplier. The said goods if
transferred by endorsement of Bill of Lading to another person, that another
person holding document of title (Bill of Lading) to be regarded as

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‘importer’ under Section 2(26) of the Customs Act, 1962.[Agrim Sampada Ltd
v Union of India, 2004 (168) ELT 15 (Del)]
India: [Section 2(27)] includes the territorial waters of India.
The definition of India is an inclusive definition and includes not only the
land mass of India but also the territorial waters of India. The territorial
waters extend to 12 nautical miles into the sea from the appropriate base
line.
International Courier Terminal [Section 2(28A)]:means any place
appointed under clause (f) of sub-section (1) of section 7 to be an
international courier terminal.
Person-in-charge: [Section 2(31)]
S.No. In relation Person-in-charge means

to
1. vessel the master of the vessel
2. aircraft the commander or the pilot-in-charge of the

aircraft
3. railway the conductor, guard or other person having the

train chief direction of the train
4. any other the driver or other person-in-charge of the

conveyance conveyance
Prohibited goods [Section 2(33)]: means any goods the import or export
of which is subject to any prohibition under the Customs Act or any other
law for the time being in force but does not include any such goods in
respect of which the conditions subject to which the goods are permitted
to be imported or exported have been complied with.
Stores [Section 2(38)]: means goods for use in a vessel or aircraft and
includes fuel and spare parts and other articles of equipment, whether or
not for immediate fitting.
The definition does not cover goods for use in a vehicle.
Vehicle [Section 2(42)]: means conveyance of any kind used on land and
includes a railway vehicle.

5.8 CUSTOMS & FTP
4. STATUTORY PROVISIONS
From the above, it is seen that import is an act of bringing anything into India
from a place outside India and it gets completed once the goods culminate with
the land mass of India. Also, goods include Vessels, Aircrafts, Vehicles, Stores,
Baggage, Currency, and other movable property. The provisions of procedure for
importation of goods are given in section 29 to 38 and 45 to 49 of Customs Act,
1962. The same has been discussed in detail in the subsequent paragraphs.
ARRIVAL OF VESSELS AND AIRCRAFTS IN INDIA [SECTION 29]

This section provides that the person-in-charge of a vessel or an aircraft entering
India from any place outside India shall not cause or permit the vessel or aircraft
to call or land -
(a) for the first time after arrival in India; or
(b) at any time while it is carrying passengers or cargo brought in that vessel or
aircraft;
at any place other than a customs port or a customs airport, as the case may be,
unless permitted by the Board.
In other words, vessels or aircrafts entering India from outside India can only call
or land at a customs port or a customs airport. However, the Central Board of
Indirect taxes and Customs can permit calling/landing of vessels and aircrafts at
any place other than customs port or customs airport. Any contravention of this
provision will operate as a presumption against the person-in-charge of
conveyance or beneficial owner to have an intention to illegally import goods into
India. So, entry of (or attempt to enter) any goods originating from outside India
into any place other than customs airport or customs seaport, is barred.
Exception: The above provision is not applicable in relation to any vessel or
aircraft, which is compelled by accident, stress of weather or other unavoidable
cause to call or land at a place other than a customs port or customs airport.
However, the person-in-charge of the vessel has the following obligation cast on
him:
1. He will have to report the arrival of the vessel or the landing of the aircraft
to the nearest customs officer or officer in charge of police station and
produce the log book if demanded.
2. He should not allow any unloading of goods without permission and should
not allow any passengers or crews to leave the immediate vicinity of the

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vessel or aircraft. However, the goods can be removed, or the passengers

and crews can be allowed to depart if the same is necessary for reason of
health, safety or preservation of life or property.
3. He should comply with all the directions given by such officers with respect
to any such goods.
DELIVERY OF ARRIVAL MANIFEST OR IMPORT MANIFEST OR IMPORT
REPORT [SECTION 30]
After ensuring that the vessels or aircraft are landed only in approved customs
port or airport, further duty is cast upon the person in charge of the vessel to
deliver the arrival manifest or import manifest.
Arrival manifest or import manifest or import report is a detailed information to
customs about goods in the vessels/aircrafts which have been brought in at any
port/airport for unloading at that particular port/international airport as also that
which would be carried further for other ports/airports. Declarations of such
cargo has to be made in a prescribed form (which is termed ‘Import General
Manifest’ or IGM) and in prescribed manner. Imports via land route require filing
of declaration (called ‘Import Report’).
Goods involved in an export may also be carried in the import conveyance (vessel
or other), without such goods being delivered in India. The IM/IR must also
contain details of goods meant for export and carried by the conveyance. Similar
provision for including details of ‘imported goods’ is required by section 41 in
export manifest to be filed by person-in-charge of a conveyance carrying export
goods before departure of conveyance.
Time limit for delivery of IGM/IR: The person-in-charge of a vessel, or an
aircraft, or a vehicle, carrying imported goods or any other person as may be
specified by the Central Government, by notification in the Official Gazette, in this
behalf shall, in the case of a vessel or an aircraft, deliver to the proper officer an
arrival manifest or import manifest by presenting electronically prior to the arrival
of the vessel or the aircraft, as the case may be, and in the case of a vehicle, an
import report within twelve hours after its arrival in the customs station, in the
prescribed form.

5.10 CUSTOMS & FTP
Particulars Import Time limit for Mode of

Document presentation of presentation
IM/IR
Where the imported Arrival manifest Any time prior to Electronic filing*
goods are brought or import the arrival of the
in a vessel manifest vessel
Where the imported Arrival manifest Any time prior to Electronic filing*
goods are brought or import the arrival of the
in an aircraft manifest aircraft
Where the imported Import Report Within twelve Manual filing

goods are brought hours after its
in a vehicle arrival in the
customs station
*Note: In cases where it is not feasible to deliver arrival manifest or import

manifest by presenting them electronically, the Principal Commissioner/
Commissioner of Customs may, allow the same to be delivered in any other
manner.
If the arrival manifest or import manifest or the import report or any part thereof,
is not delivered to the proper officer within the specified time and if the proper
officer is satisfied that there was no sufficient cause for such delay, the person-in-
charge would be liable to a penalty up to ` 50,000. The person delivering the
arrival manifest or import manifest or import report shall make and subscribe a
declaration as to the truth of its contents as a footnote thereof.
Belated filing of IGM: Arrival manifest or import manifest or import report filed
belatedly may also be accepted by the proper officer on valid justified grounds.
Amendment to IGM: If the proper officer is satisfied that the arrival manifest or
import manifest or import report is in any way incorrect or incomplete and there is
no fraudulent intention, he may permit it to be amended or supplemented. [Section
30(3)].
Subsequent amendment of IGM will not be treated as late filing. [CBIC’s Customs
Manual 2015, chapter 2] However, the CBIC has cautioned (circular supra) that this
should not be used to circumvent the penal provisions for late filing.

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PASSENGER AND CREW ARRIVAL MANIFEST AND PASSENGER NAME

RECORD INFORMATION.[SECTION 30A]
The person-in-charge of a conveyance that enters India from any place outside
India or any other person as may be specified, shall deliver to the proper officer—
(i) the passenger and crew arrival manifest before arrival in the case of
anaircraft or a vessel and upon arrival in the case of a vehicle; and
(ii) the passenger name record information* of arriving passengers, in such
form, containing such particulars, in such manner and within such time, as
may be prescribed.
Where the passenger and crew arrival manifest or the passenger name record
information or any part thereof is not delivered to the proper officer within the
prescribed time and if the proper officer is satisfied that there was no sufficient
cause for such delay, the person-in-charge or the other specified person shall
beliable to such penalty, not exceeding ` 50,000, as may be prescribed.
*Passenger name record information [Section 2(30B)]: means the records
prepared by an operator of any aircraft or vessel or vehicle or his authorized
agent for each journey booked by or on behalf of any passenger.
IMPORTED GOODS NOT TO BE UNLOADED FROM VESSEL UNTIL

ENTRY INWARDS GRANTED [SECTION 31]
This section provides that the master of a vessel shall not permit the unloading of
any goods until an order has been given by the proper officer granting ENTRY
INWARDS to such vessels. This is specified only for vessels and not for aircrafts or
vehicles. Application for entry inward has to be submitted along with the import
manifest in the prescribed form and will be allowed by the proper officer of
customs upon verification. The date of entry inward is entered in the customs
record maintained for the purpose.
Section 31(2) provides that Entry Inwards shall not be given until the arrival manifest or
import manifest has been delivered or the proper officer is satisfied that a valid reason
is given for not delivering it within prescribed time. Grant of Entry Inwards is an
acknowledgement of the fact that Customs Department is ready to supervise the
unloading of the cargo, and is prepared to assess the goods to duty. It is not given if
there is no berth for the ship to dock [Bharat Surfactants Pvt Ltd v Union of India, 1989
(43) ELT 189 (SC)]; or if customs supervision is not possible for other reasons [SRS
Engineering Industries v Secretary, Ministry of Finance 2009 (245) ELT 143 (Del)].

5.12 CUSTOMS & FTP
Entry inwards date is crucial for the calculation of applicable rate of duty
whenever bill of entry has been filed in advance. In case Bill of entry is filed
before arrival of aircraft or vehicle or before entry inward for vessel, the
relevant date of determination of rate of duty and tariff valuation shall be
date of arrival or entry inward as the case may be. (Refer Section 15 of the
Customs Act).
Section 31(3) excludes certain items from the scope of the section. It provides
that the provisions of the section will not apply to the unloading of baggage
accompanying a passenger or a member of the crew, mail bags, animals,
perishable goods and hazardous goods.
IMPORTED GOODS NOT TO BE UNLOADED UNLESS MENTIONED IN
ARRIVAL MANIFEST OR IMPORT MANIFEST OR IMPORT REPORT
[SECTION 32]
Without the permission of the proper officer, the imported goods cannot be
unloaded, unless they are mentioned in the Import General Manifest for being
unloaded in that customs station.
LOADING AND UNLOADING OF GOODS AT APPROVED PLACES ONLY
[SECTION 33]
Section 33 provides that loading and unloading of goods are to be undertaken
only at places approved under section 8(a) of the Customs Act, 1962. Section 8(a)
provides proper places in any customs port, customs airport, or coastal port for
loading and unloading of goods.
GOODS NOT TO BE LOADED OR UNLOADED EXCEPT UNDER THE
SUPERVISION OF CUSTOMS OFFICER [SECTION34]
Section 34 provides that loading and unloading of goods should be done under
the supervision of the proper officer.
However, the Board may, by notification in the Official Gazette, give general
permission and the proper officer may in any particular case, give special
permission for any goods or class of goods to be unloaded or loaded without the
supervision of the proper officer.
In almost all major ports, customs officers are deployed at the wharfs and berths
where the goods are imported or exported. These officers supervise all loading
and unloading, and shipping operations.

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RESTRICTIONS ON GOODS BEING WATER-BORNE [SECTION 35]

In certain circumstances (like size of vessel, hazardous nature of cargo, etc.) the
vessel cannot be berthed at the port. The cargo is ferried from or to the ships
anchored at mid-sea to the port in boats, otherwise known as lighters.
Section 35 of the Customs Act stipulates that no imported goods shall be water
borne for being loaded in any vessel, and no export goods which are not
accompanied by a shipping bill, shall be water borne for being shipped unless the
goods are accompanied by a boat note in the prescribed form. The Boat Notes
Regulations 1976 prescribe the form and manner of issue of boat notes.
However, the board may, by notification give general permission and the proper
officer may in any particular case, give special permission, for any goods or any
class of goods to be water borne without being accompanied by a boat-note.
Other Controls
The following are further controls exercised on the conveyances and the
loading/unloading of goods.
1. The goods cannot be loaded and unloaded on Sundays or other holidays
observed by the Customs Department, or on any other day after the working
hours unless the prescribed notice and the prescribed fee are paid. [Section
36]
2. The proper officer may, at any time, board any conveyance carrying
imported goods or export goods and may remain on such conveyance for
such period, as he considers necessary. [Section 37]
3. The proper officer may require the person in charge of any conveyance to
produce any document or answer any questions and such person shall be
bound to comply with the same. [Section 38]
5. PROCEDURE FOR CLEARANCE OF IMPORTED

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The procedures for clearance of imported goods are contained in Section 45 to
Section 49 of the Customs Act. These procedures are not applicable to baggage
and goods imported or to be exported by post.

5.14 CUSTOMS & FTP
RESTRICTIONS ON CUSTODY AND REMOVAL OF IMPORTED GOODS

[SECTION 45]
Once the imported goods have entered the Customs area, there arises the
question of who is responsible for the safe custody of goods.
This section requires that until the imported goods are cleared for home
consumption or are warehoused or are exported for transhipment, they shall
remain in the custody of such person as may be approved by the Principal
Commissioner/Commissioner of Customs [Section 45(1)]. This person is called the
custodian. The responsibility of the custodian commences in respect of imported
goods the moment the ship is berthed in the harbour or the goods are ready for
unloading from the aircraft. In major ports, the Port Trust is the custodian. In
Inland Container Depots, the Container Corporation of India, which operates the
Container Freight Station (CFS) is the custodian of the imported cargo. In case of
air cargo, the Airport Authority of India is the custodian in most airports. For
goods brought by rail, the custodian is the Station Master.
Responsibility of Custodian of goods: During the time the goods are in the
custody of the custodians, they have the following responsibilities [Section 45(2)].
1. Maintain a proper record of goods received from the carriers and send a
copy of the record to the proper officer.
2. Not to permit such goods to be removed from the customs area or allow
them to be dealt with otherwise except under the specific permission in
writing of the proper officer or in accordance with a general procedure that
may be prescribed that avoid subjectivity of the officer as to the manner of
removal of such goods.
In pursuance to this responsibility, the custodian is required to tally the
particulars of the goods landed by a vessel, and send a report known as out turn
statement to the customs authorities. This enables the customs authorities to
check whether all goods manifested in the import general manifest for landing in
a particular place have actually been landed. In case the goods are not so landed,
action is taken against the carriers.
Liability of the Custodians [Section 45(3)]
This provision provides that notwithstanding anything contained in any law for the
time being in force, if any imported goods are pilfered after unloading in any
customs area, while in the custody of the custodian, such custodian shall be liable
to pay duty on such goods. Therefore, in respect of pilfered goods covered by

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section 13, the loss of revenue is compensated by the custodian. The duty shall be
paid at the rate prevailing on the day of delivery of the arrival manifest or import
manifest or as the case may be, an import report to the proper officer under
section 30 for the arrival of the conveyance in which such goods were carried.
This provision is intended to make the custodian of the imported goods lying in
customs area liable for duty even if they are pilfered when they were in their
custody. Earlier, in the matter of pilfered goods, the government has been losing
the revenue, while the importer’s interest was protected.
Illustration 1
M/s Pipli Imports Ltd. imported certain goods, which were unloaded in the customs
area on 1st October. When order for clearance was passed by proper officer on
5th October, it was found that there was some pilferage of such goods. As the
imported goods were in the custody of Port Trust, the Department demanded duty
from the custodian under section 45(3) of the Customs Act, 1962, on such pilferage.
The Port Trust denied such demand contending that it was not an approved
custodian falling under section 45 and possession of goods by it was by virtue of
powers conferred under the Major Port Trust Act, 1963. Hence, it is not liable for
customs duty on pilfered goods.
M/s Pipli Imports Ltd. has also asked the Port Trust to make good the loss of goods.
Examine, whether the demands made by the Department and M/s Pipli Imports Ltd.
are justified in law, referring to decided case law.
Answer
The facts of the case are similar to the case of Board of Trustees v. UOI (2009) 241
ELT 513 (Bom HC DB), wherein the High Court held that considering the language
of section 45(3), the liability to pay duty is of the person, in whose custody the
goods remain as an approved person under section 45 of the Act. Therefore,
section 45(3) applies only to the private custodians who are required to be
approved by Principal Commissioner/ Commissioner of Customs under section
45(1). Accordingly, the major ports and airports covered under Major Port Trust
Act, 1963 who do not require any approval under section 45(1), are not covered
by section 45(3). Thus, the Department cannot demand duty from Port Trust on
the pilferage under section 45(3) of the Customs Act, 1962.
Section 45(3) of the Customs Act, 1962 holds the custodian responsible only in
respect of the customs duty in respect of pilfered goods. It does not extend to
the value of goods lost. However, the Port Trust, as bailee of the goods, is liable
for value of the goods to the importer.

5.16 CUSTOMS & FTP
FILING OF IMPORT BILL OF ENTRY [SECTION 46]

Filing of Import Bill of Entry is not required for goods intended for transit or
transhipment.
It is the duty of the importer of any goods to make an application electronically
on the customs automated system to the proper officer for clearance of the
goods. The importer is required to make an electronic integrated declaration to
the Customs Computer Systems through network facility. The Bill of Entry
(Electronic Integrated Declaration and Paperless Processing) Regulations, 2018
provides the detailed provisions in this regard.
Bill of Entry is a document of assessment and when assessed becomes an
assessment order.
The Principal Commissioner/Commissioner of Customs may, in cases where it is
not feasible to make entry by presenting electronically on the customs automated
system, allow an entry to be presented in the prescribed manner and form.
Hence, manual submission of Bill of Entry is allowable in cases where electronic
submission is not feasible. The form of the bill of entry is governed by Bill of
Entry (Forms Regulations, 1976).
The goods may be cleared for home consumption or for deposit in a warehouse
or for transit or transhipment. Therefore, there are three types of Bills of Entries
prescribed for these three different purposes.
Form I (White) – for home consumption.
Form II (Yellow) – for warehousing (into bond).
Form III (Green) – for clearance of warehoused goods for home consumption (ex-
bond).
When Bill of Entry is filed electronically, it is in four copies:
(a) Original, meant for the customs authorities for assessment and collection of
duty;
(b) Duplicate, intended as an authority to the custodian of the cargo to release
cargo to the importer from his custody;
(c) Triplicate, as a copy for record for the importer; and
(d) Quadruplicate, as a copy to be presented to the bank or Reserve Bank of
India for the purposes of making remittance for the imported goods.

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The importer is required to declare in the Bill of Entry amongst other things the
particulars of packages, the descriptions of the goods, in terms of the description
given in the Customs Tariff to enable proper classification of the goods and the
correct value of the goods for the determining the amount of duty.
The Bill of Entry shall be supported with invoice and such other documents as may be
prescribed.
The importer who presents a bill of entry shall ensure the following, namely:—
(a) the accuracy and completeness of the information given therein;
(b) the authenticity and validity of any document supporting it; and
(c) compliance with the restriction or prohibition, if any, relating to the goods
under this Act or under any other law for the time being in force.
Importer unable to furnish details: If for any reason the importer is unable to
furnish these details, he may request the customs officials to examine the goods
in his presence to enable him to ascertain the necessary details for making a
proper declaration in the bill of entry. Alternatively, he can seek permission to
deposit the goods in a public bonded warehouse appointed under section 57
pending receipt of the necessary information and the supporting documents
under section 49. This is also called warehousing without warehousing.
Such goods shall not be deemed to be warehoused goods for the purpose of the
Act and accordingly warehousing provisions shall not apply to such goods.
Bill of entry shall include all the goods mentioned in the bill of lading or other
similar document.
Time limit for filing: According to section 46(3), the importer shall present the bill
of entry before the end of the day (including holidays) preceding the day on
which the aircraft/vessel/vehicle carrying the goods arrives at a customs station at
which such goods are to be cleared for home consumption or warehousing. The
proviso to section 46(3) provides that the Board may, in such cases as it may
deem fit, prescribe different time limits for presentation of the bill of entry,
which shall not be later than the end of the day of such arrival.
Further, a bill of entry may be presented at any time not exceeding thirty days prior
to the expected arrival of the aircraft/vessel/vehicle by which the goods have been
shipped for importation into India.

5.18 CUSTOMS & FTP
However, where the bill of entry is not presented within the time so specified and
the proper officer is satisfied that there was no sufficient cause for such delay, the
importer shall pay prescribed charges for late presentation of the bill of entry.
ASSESSMENT OF GOODS [SECTION 17]
(a) Duty to be self-assessed by the importer/exporter: An importer entering
any imported goods under section 46, or an exporter entering any export
goods under section 50, shall, save as otherwise provided in section 85 (i.e.
stores allowed to be warehoused without assessment of duty), self-assess
the duty, if any, leviable on such goods.
(b) Verification by proper officer: The proper officer may verify the entries
made under section 46 or section 50 and the self-assessment of goods and
for this purpose, examine or test any imported goods or export goods or
such part thereof as may be necessary.
Further, the selection of cases for verification shall primarily be on the basis
of risk evaluation through appropriate selection criteria.
For the purposes of verification, the proper officer may require the importer,
exporter or any other person to produce any document or information,
whereby the duty leviable on the imported goods or export goods, as the
case may be, can be ascertained and thereupon, the importer, exporter or
such other person shall produce such document or furnish such information.
Some major importers have been given the green channel clearance facility.
It means clearance of goods is done without routine examination of the
goods. They have to make a declaration in the declaration form at the time
of filing of bill of entry. The appraisement is done as per normal procedure
except that there would be no physical examination of the goods. Only
marks and number are to be checked in such cases. However, in rare cases,
if there are specific doubts regarding description or quantity of the goods,
physical examination may be ordered by the senior officers/investigation
wing like Special Intelligence and Investigation Branch (SIIB).
(c) Reassessment of duty by the proper officer if self-assessment not done
correctly: Where it is found on verification, examination or testing of the
goods or otherwise that the self-assessment is not done correctly, the
proper officer may, without prejudice to any other action which may be
taken under this Act, re-assess the duty leviable on such goods.

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(d) Speaking order for re-assessment to be passed unless the importer

agrees with the reassessment: Where any re-assessment done is contrary
to the self-assessment done by the importer or exporter and in cases other
than those where the importer or exporter, as the case may be, confirms his
acceptance of the said re-assessment in writing, the proper officer shall pass
a speaking order on the re-assessment, within 15 days from the date of re-
assessment of the bill of entry or the shipping bill, as the case may be.
PROVISIONAL ASSESSMENT OF DUTY [SECTION 18]
Provisional assessment can be resorted to in the following circumstances:
(a) where the importer or exporter is unable to make self-assessment under
sub-section (1) of section 17 and makes a request in writing to the proper
officer for assessment; or
(b) where the proper officer deems it necessary to subject any imported goods
or export goods to any chemical or other test; or
(c) where the importer or exporter has produced all the necessary documents
and furnished full information, but the proper officer deems it necessary to
make further enquiry; or
(d) where necessary documents have not been produced or information has not
been furnished and the proper officer deems it necessary to make further
enquiry.
In any of the above cases, the proper officer may direct that the duty leviable on
such goods be assessed provisionally if the importer or the exporter, as the case
may be, furnishes such security as the proper officer deems fit for the payment of
the deficiency, if any, between the duty as may be finally assessed or re-assessed
as the case may be, and the duty provisionally assessed[Sub-section(1)].
Where, pursuant to the provisional assessment under sub-section (1), if any
document or information is required by the proper officer for final assessment,
the importer or exporter, as the case may be, shall submit such document or
information within prescribed time, and the proper officer shall finalise the
provisional assessment within prescribed time and in prescribed manner [Sub-
section (1A)].

5.20 CUSTOMS & FTP
Provisional assessment is allowed both in respect of imports as well as exports.

When the duty leviable on such goods is assessed finally or re-assessed by the
proper officer in accordance with the provisions of this Act, then, -
(i) in the case of goods cleared for home consumption or exportation, the
amount paid shall be adjusted against the duty finally assessed or re-
assessed, as the case may be, and if the amount so paid falls short of, or is
in excess of the duty finally assessed or re-assessed, as the case may be, the
importer or the exporter of the goods shall pay the deficiency or be entitled
to a refund, as the case may be;
(ii) in the case of warehoused goods, the proper officer may, where the duty
finally assessed or re-assessed, as the case may be, is in excess of the duty
provisionally assessed, require the importer to execute a bond, binding
himself in a sum equal to twice the amount of the excess duty [Sub-
section(2)].
The importer or exporter shall be liable to pay interest, on any amount payable to
the Central Government, consequent to the final assessment order or re-
assessment order. The interest shall be payable at the rate fixed by the Central
Government under section 28AA. This interest shall be payable from the first day
of the month in which the duty is provisionally assessed till the date of payment
thereof [Sub-section 3].
Subject to sub-section (5), if any refundable amount referred to in clause (a) of
sub-section (2) is not refunded under that sub-section within three months from
the date of assessment of duty finally or re-assessment of duty, as the case may
be, there shall be paid an interest on such unrefunded amount at such rate fixed
by the Central Government under section 27A till the date of refund of such
amount[Sub-section 4].
The refund of duty and interest thereon is subject to the principle of unjust
enrichment. (Refer Chapter 7: Refund of Customs Duty for detailed provisions in
this regard) and shall be paid to the importer or the exporter, as the case may be,
only if such amount is relatable to:
(a) the duty and interest, if any, paid on such duty paid by the importer, or the
exporter, as the case may be, if he had not passed on the incidence of such duty
and interest, if any, paid on such duty to any other person;
(b) the duty and interest, if any, paid on such duty on imports made by an
individual for his personal use;

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(c) the duty and interest, if any, paid on such duty borne by the buyer, if he had
not passed on the incidence of such duty and interest, if any, paid on such duty to
any other person;
(d) the export duty as specified in section 26;
(e) drawback of duty payable under sections 74 and 75.
In all other cases, the amount of such refund and interest shall be credited to the
Consumer Welfare Fund [Sub-section 5].
Further, CBIC has issued following guidelines for provisional assessment vide
Circular No. 38/2016 Cus. dated 22.08.2016:
Wherever, duty is to be assessed provisionally, the importer shall:
(a) execute a bond in the prescribed form, for the purposes of undertaking to
pay on demand the deficiency, if any, between the duty as may be finally
assessed and the duty provisionally assessed; and
(b) furnish prescribed amount of security for the payment of the duty
deficiency. No sureties shall be obtained. The security to be obtained shall
be in the form of a bank guarantee or a cash deposit, as convenient to the
importer.
CUSTOMS (FINALISATION OF PROVISIONAL ASSESSMENT)
REGULATIONS
CBIC vide Notification No. 73/2018 Cus (NT) dated 14.08.2018 has prescribed
Customs (Finalisation of Provisional Assessment) Regulations, 2018.
The significant provisions contained in said regulations are discussed as under:
Time-limit and manner for submission of documents or information by
importer/ exporter for the purpose of finalisation of provisional
assessment
(a) Reasons for Provisional Assessment:
(i) the necessary documents have not been produced or information has
not been furnished
(ii) the proper officer requires the importer or the exporter to produce
any additional documents or information

5.22 CUSTOMS & FTP
Such information or documents would be made available by the importer

/exporter within 1 month from the date of such order of provisional
assessment or the date of such requisition by the proper officer.
(b) The proper officer would inform the importer or the exporter, in writing, the
specific details of the information to be furnished or the documents to be
produced within 15 days from the date of such order of provisional
assessment. If the document/information is not made available within 15
days, this period may, for reasons recorded in writing, be further extended
by proper officer for 3 months on his own or at the request of the importer
or the exporter.
(c) The Additional Commissioner/Joint Commissioner of Customs, may further
extend the time period referred for another 3 months, in case the
documents or the information required to be submitted by the importer or
the exporter or requisitioned by the proper officer have not been made
available within prescribed time limit.
(d) If the aforesaid time limits don’t suffice, the Commissioner of Customs, may
extend the time period further as deemed fit.
(e) All the requisite information/ documents need to be submitted in one
instance by importer/ exporter and importer/exporter themselves or his
authorised representative or Customs Broker shall inform the proper officer
in writing that he has submitted all the documents or information to be
furnished or requisitioned.
(f) For the purpose of these regulations, each Bill of Entry or Shipping Bill, as
the case may be, that has been assessed provisionally shall be treated as a
separate case of provisional assessment.
Time-limit for finalisation of provisional assessment
The proper officer will finalise the provisional assessment within 2 months of
receipt of:
(a) an intimation from the importer or the exporter or his authorised
representative or Customs Broker or
(b) a chemical or other test report, where the provisional assessment was
ordered for that reason; or
(c) an enquiry or investigation or verification report, where the provisional
assessment was ordered for that reason.

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However, where the documents or information required to be furnished by

the importer or the exporter or requisitioned by the proper officer are
made available intermittently, the time period of 2 months shall be
reckoned from the date of last intimation.
Further, where the documents or information required to be furnished by
the importer or exporter, as the case may be, or requisitioned by the proper
officer are not made available or made partly available and no further
extension of time has been allowed, the proper officer shall proceed to
finalise the provisional assessment within 2 months of the expiry of the time
allowed for submission of the said documents or information.
(d) The Commissioner of Customs concerned may allow, for reasons to be
recorded in writing, a further time period of 3 months in case the proper
officer is not able to finalise the provisional assessment within the period of
2 months.
(e) This regulation would not apply to such cases of provisional assessments,
where Board has issued directions to keep that pending.
Manner of finalisation of provisional assessment
(a) The provisional assessment will be finalised as per the provisions of section
18 of the Act.
However, if the amount so paid at the time of provisional assessment or
after adjustment under section 18(2)(a) of the Act, falls short of the duty
finally assessed or re-assessed, as the case may be, and the importer or the
exporter has not paid the deficiency, the shortfall will be adjusted from the
security, if any, obtained at the time of provisional assessment, under
intimation to the importer or the exporter,
However, if the amount so adjusted or paid falls short of the duty finally
assessed or re-assessed, as the case may be, the importer or exporter of the
goods would pay the shortfall in terms of the provisions of section 18.
(b) The Bond executed at the time of provisional assessment with security, if
any, will be cancelled after finalisation of provisional assessment and the
security shall also be returned, if there are no pending dues.
(c) Where the final assessment is contrary to the provisional assessment, the
proper officer will pass a speaking order following principles of natural
justice.

5.24 CUSTOMS & FTP
(d) Where the final assessment confirms the provisional assessment, the proper
officer will finalise the same after ascertaining the acceptance of such
finalisation from the importer or the exporter on record and inform the
importer or exporter in writing of the date of such finalisation.
(e) Where a Bill of Entry or Shipping Bill is presented electronically on the
Customs Automated system and is ordered to be provisionally assessed, the
proper officer will finalise the provisional assessment on the system also
consequent to the procedure prescribed in these regulations.
Penalty
If any importer or exporter or his authorised representative or Customs Broker
contravenes any provision of these regulations or abets such contravention, or
fails to comply with any provision of these regulations, he shall be liable to a
penalty which may extend to ` 50,000.
Illustration2
Mr. Krishna Bhansali, has imported some garments from Paris. He is unable to
make self-assessment under section 17(1) of the Customs Act, 1962 because of
differential rates for different kinds of material and hence has made a request in
writing to the proper officer for provisional assessment pending technical testing. Is
he eligible to apply for provisional assessment? Discuss.
Answer
Yes, Mr. Krishna Bhansali can apply for provisional assessment under section 18 of
the Customs Act, 1962.Section 18(1) provides that provisional assessment can be
resorted to, inter alia, where the importer or exporter is unable to make self-
assessment under sub-section (1) of section 17 and makes a request in writing to
the proper officer for assessment. While ‘unable’ is not about willingness but
deficiency of information to make an accurate determination of the liability, in
this case Mr. Bhansali satisfies the criterion because he lacks the information
necessary to classify the goods pending technical testing.
Illustration 3
Moris Lal has imported goods from Germany and is finally re-assessed u/s 18(2) of
the Customs Act, 1962 for two such consignments. Particulars are as follows:
Date of provisional assessment 12th December, 2020
Date of final re-assessment 2nd February, 2021
Duty demand for 1st consignment ` 1,80,000

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Refund for the 2nd consignment ` 4,20,000

Date of refund made by the department 28th April, 2021
Date of payment of duty demanded 5th February, 2021
Determine the interest payable and receivable, if any, by Moris Lal on the final re-
assessment of the two consignments, with suitable notes thereon.
Answer
As per section 18(3) of the Customs Act, 1962, an importer is liable to pay interest
at the rate of 15% p.a. (Notification No. 33/2016-Cus. (NT) dated 01.03.2016), on
any amount payable consequent to the re-assessment order from the first day of
the month in which the duty is provisionally assessed till the date of payment.
Therefore, in the given case, Moris Lal is liable to pay following interest in respect
of 1st consignment:
= ` 1,80,000 × 15% × 67/365
= ` 4,956 (rounded off)
If any amount refundable consequent to the re-assessment order is not refunded
within 3 months from date of re-assessment of duty, interest is payable to
importer on unrefunded amount at the specified rate till the date of refund of
such amount in terms of section 18(4) of the Customs Act, 1962.
Since in the given case, refund has been made (28.04.2021) within 3 months from
the date of re-assessment of duty (02.02.2021), interest is not payable to Moris
Lal on duty refunded in respect of 2nd consignment.
CUSTOMS AUDIT [SECTION 99A]
In supersession of On-site Post Clearance Audit at Premises of Importer and
Exporter Regulations, 2011, Government has notified Customs Audit Regulations,
2018. For this reason, a separate section 99A is introduced authorizing the proper
officer to audit the assessment that has already been conducted at the time of
customs clearance. Such audit is permitted to the carried out swiftly either at the
premises of the auditee or at the office of the proper officer.
It may be noted that ‘auditee’ is defined in this section to include not only the
principal (importer or exporter) but also persons concerning themselves dealing
with goods attracting section 12 of Customs Act.

5.26 CUSTOMS & FTP
In the 2018 Regulations, ‘auditee’ is defined in 2(c) to mean “a person who is

subject to an audit under section 99A of the Act and includes an importer or
exporter or custodian approved under section 45 or licensee of a warehouse and
any other person concerned directly or indirectly in clearing, forwarding, stocking,
carrying, selling or purchasing of imported goods or export goods or dutiable
goods”
Salient feature of this audit procedure are as follows:
(i) Auditee is to preserve records for conduct of this audit for a period of five
years
(ii) Risk based assessment will identify persons to be audited
(iii) Audit will be conducted at the premises of the auditee by the authorized
officers who will intimate fifteen days in advance of their schedule visit
(iv) Based on the findings, auditee may accept the liabilities and voluntarily
discharge the duty, interest and penalty, as applicable
(v) Assistance of experts can be availed for conducting this audit such as CA,
CWA or IT professionals with permission of Principal Commissioner/
Commissioner of Customs
(vi) Contravention of these Regulations attracts penalty of ` 50,000
TYPES OF AUDIT-TRANSACTION BASED AUDIT (TBA) AND PREMISE

BASED AUDIT (PBA)
Under the new scheme, Transaction based audit (TBA) and Premises based audit
(PBA) have been prescribed.
 TBA (audit of transactions): Under TBA, transactions are audited. It may be
noted that a TBA may subsequently be converted into a Premises based Audit
(PBA).
 PBA (audit at the premises): The new provision on Customs Audit under
section 99A of the Customs Act, 1962 has extended the scope of Premises
Based Audit by including other entities who are concernedwith imports or
exports. In PBA, customs would review the import and export over a
givenperiod and check all relevant commercial records, including financial
statements and contractsto verify the particulars given in a goods declaration.
PBA would enable the department tobridge the communication divide and
usher in a new era of partnership with trade. Further, Board may also select any
criteria or theme for the audit.

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Selection criteria for audit:

Directorate General of Analysis and Risk Management has been entrusted the
responsibility of identifying the potential focus areas and entities for various types of
audit.
Executive Commissionerates to assist Audit Commissionerates
The executive Customs Commissionerates shall also assist Audit Commissionerates in
the conduct of Transaction Based Audit and Premises Based Audit.
The Chief Commissioners shall put in place a suitable monitoring arrangement to
review the progress and performance of audit. Apart from overall supervision, Chief
Commissioner shall examine on a selective basis, 5% of the Audit reports, selected
randomly based on the quarterly reports submitted by Audit Commissionerates to
ensure that audit has been conducted as per prescribed procedures.
[Circular No. 02/2019-Cus dated 08.01.2019]
CLEARANCE OF GOODS [SECTION 47]

Once the customs check and payment of duty is completed, the customs officers
allow clearance of the goods. Section 47 provides that where the proper officer is
satisfied that the goods entered for home consumption are not prohibited and the
appropriate import duty and any charges payable thereon has been paid, he can
make an order permitting clearance of the goods for home consumption. Such
order may also be made electronically through the customs automated system on
the basis of risk evaluation through appropriate selection criteria. However, Central
Government may permit certain class of importers to make deferred payment of said
duty or any charges in such manner as may be provided by rules.
In this respect, Central Government has permitted the following class of importers
to make deferred payment of import duty:-
(i) Importers certified under Authorized Economic Operator programme as
AEO (Tier-Two) and AEO (Tier-Three)
(ii) Authorised Public Undertaking
AEO means Authorised Economic Operator approved by the Directorate of
International Customs under the CBIC. Authorised Public Undertaking means
Authorised Public Undertaking approved by the Directorate of International Customs
under the CBIC.

5.28 CUSTOMS & FTP
On making clearance order, which is popularly known as “pass out of customs charge
order” the bill of entry (duplicate) copy is produced to the custodian who delivers the
goods to the importer. These orders will be passed on the CAS (customs automated
system) on the basis of risk evaluation through appropriate selection criteria as a
trade facilitation measure to improve efficiency in custom clearance.
Time limit for payment of import duty: The importer shall pay the import
duty—
(a) on the date of presentation of the bill of entry in the case of self-
assessment; or
(b) within one day (excluding holidays) from the date on which the bill of entry
is returned to him by the proper officer for payment of duty in the case of
assessment, reassessment or provisional assessment; or
(c) in the case of deferred payment, from such due date as may be specified by
rules made in this behalf, and if he fails to pay the duty either in full or in
part within the time so specified, he shall pay interest on the duty not paid
or short-paid till the date of its payment.
The rate of interest shall be not below 10% and not exceeding 36% per annum
and shall be fixed by the central government. However, the interest may be
waived by the CBIC in public interest. [Section 47(2)]
Deferred Payment of Import Duty Rules, 2016 read with Circular No.
52/2016-Cus dated 15.11.2016:
Information about intent to avail benefit of notification:An eligible
importer intending to avail the benefit of deferred payment shall intimate to
the Principal Commissioner/Commissioner of Customs, having jurisdiction
over the port of clearance, his intention to avail the said benefit who on
being satisfied with the eligibility of the importer allow him to pay the duty
by due dates as given below.
Due dates for deferred payment of import duty—
S. Goods corresponding to Bill Due date of payment of duty,

No. of Entry returned for inclusive of the period
payment from (excluding holidays) as
mentioned in section 47(2)
1. 1st day to 15thday of any month 16thday of that month

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2. 16thday till the last day of any 1stday of the following month
month other than March
3. 16thday till the 31stday of 31st March

March,
Electronic payment of duty: The eligible importer shall pay the duty
electronically: However, the Assistant/Deputy Commissioner of Customs
may for reasons to be recorded in writing, allow payment of duty by any
mode other than electronic payment.
Deferred payment not to apply in certain cases:If there is default in
payment of duty by due date more than once in three consecutive months,
this facility of deferred payment will not be allowed unless the duty with
interest has been paid in full.
The benefit of deferred payment of duty will not be available in respect of the
goods which have not been assessed or not declared by the importer in the entry.
MANDATORY ELECTRONIC PAYMENT OF DUTY
The Central Government has notified the following classes of importers who have
to pay customs duty electronically, namely:-
(i) Importers registered under Authorized Economic Operator;
(ii) Importers paying customs duty of `10,000or more per bill of entry
The Board has set up a dedicated payment gateway called, ‘ICEGATE' through
which the payments are to be made.
The importer need not produce any proof of payment for the clearance of goods
in case of e-payment.
Note: Integrated Declaration under Indian Customs Single Window Project
CBIC has implemented ‘Indian Customs Single Window Project’ to facilitate
trade. Under project, the importers and exporters would electronically lodge
their customs clearance documents at a single point only with the Customs.
The required permission, if any, from Partner Government Agencies (PGAs)
such as Animal Quarantine, Plant Quarantine, Drug Controller, Food Safety and
Standards Authority of India, Textile Committee etc. is obtained online without
the importer/exporter having to separately approach these agencies.

5.30 CUSTOMS & FTP
This is possible through a common, seamlessly integrated IT systems

utilized by all regulatory agencies, logistics service providers and the
importers/exporters. The Single Window thus provides the
importers/exporters a single point interface for clearance of import and
export goods thereby reducing dwell time and cost of doing business.
CBIC has since developed the ‘Integrated Declaration’, under which all
information required for import clearance by the concerned government
agencies has been incorporated into the electronic format of the Bill of
Entry.
The Customs Broker or Importer has to submit the “Integrated Declaration”
electronically to a single-entry point, i.e. the Customs Gateway (ICEGATE).
Separate application forms required by different Participating Government
Agencies (PGAs)have been dispensed with.
The Integrated Declaration is applicable for consignments to be cleared
under the Indian Customs EDI Systems. For the clearance of imported goods
in the manual mode, separate documents prescribed by the respective
agencies continues to apply.
Apart from incorporating such forms, the Integrated Declaration also
includes different types of undertakings, declarations, and letters of
guarantee that are presently required to be submitted on company letter
head.
Upon filing of the Integrated Declaration, the bill of entry automatically be
referred to concerned agency, if required, based on risk. The system has
been modified to enable simultaneous processing of bill of entry by PGA
and Customs.
[Circular No. 10/2016 Cus dated 15.03.2016]
INTRODUCTION OF FACELESS ASSESSMENT

Trade facilitation is a key enabler for simplification of procedures and reduction of
barriers to the trade. In India, CBIC has been at the forefront of taking initiatives
aimed at catalysing economic development through transparency, harmonization,
predictability and automation in trade. The aim has been to reduce time and cost
for the EXIM community. This would help them become more competitive in the
international arena.

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In line with this momentum, CBIC has implemented next generation reforms through
Turant Customs, strongly enabled by technology. Turant Customs is a mega reform
for the ease of doing business.
This flagship initiative stands on the pillars of – Faceless, Contactless and
Paperless Customs. This reform will help India take a substantial leap forward
towards faster and cheaper Customs clearance of imported goods.
A key enabler in Turant Customs is Faceless Assessment. It has been rolled out
in phases and covered the entire country. This would enable uniform,
anonymous Customs assessments and reduce interface between the Trade and
Customs officers.
Faceless Assessment, a component of the Turant Customs programme, is a
path breaking initiative aimed at introducing anonymity and uniformity in
Customs assessments pan India.
JOURNEY TOWARDS FACELESS ASSESSMENT
Decades ago, goods imported into India were assessed for Customs duty at
the border by jurisdictional Customs officers on the basis of physical
documents. Subsequent introduction of computers led to automation of
assessment. This was followed by a robust digital risk management system
(RMS) for Customs clearance with minimal checks, while interdicting risk-prone
cargo for assessment and examination. In 2012, the Customs Act 1962, was
amended to introduce self-assessment by importers/ exporters themselves.
While digitisation helped in streamlining of procedures, yet disparities in
assessment prevailed due to interpretation issues. Customs officials recognised
a dire need to provide uniformity and certainty in assessment practices. It was
also clear that anonymity in assessment and load balancing of import
documents that are required to be assessed would bring about more efficiency
and help improve the speed of Customs clearances across India. This was the
trigger for the conceptualization and development of Faceless Assessment.
WHAT IS FACELESS ASSESSMENT?
Faceless Assessment is a major Customs Reforms where a Bill of Entry that is
identified for scrutiny (non-facilitated Bill of Entry) is assigned to an assessing
officer who is physically located at a Customs station, which is not the Port of
Import in the Customs Automated System. It separates the assessment process
from the physical location of Port of Import, using a technology platform.

5.32 CUSTOMS & FTP
Faceless Assessment (also referred to as virtual assessment or anonymised

assessment) uses a technology platform to separate the Customs assessment
process from the physical location of a Customs officer at the port of arrival.
This measure will bolster efforts to ensure an objective, free, fair and just
assessment.
From an importer’s perspective, there will be no changes to the process of
filing a Bill of entry. He will continue to file his documentation including bill of
entry and supporting documents on the ICEGATE portal.
KEY OBJECTIVES OF FACELESS ASSESSMENT :
i. Anonymity in assessment for reduced physical interface between trade and
Customs
ii. Speedier Customs clearances through efficient utilisation of manpower
iii. Greater uniformity of assessment across locations
iv. Promoting sector specific and functional specialisation in assessment
PAYMENT THROUGH ELECTRONIC CASH LEDGER

AND ELECTRONIC DUTY CREDIT LEDGER
LEDGER FOR PAYMENT OF DUTY, INTEREST, PENALTY, ETC. [SECTION
51A]
A new system to leverage payments-automation is enabled in Customs clearance
(imports or exports) by way of insertion of section 51A. It provides for advance
deposit which would enable payment of duties, taxes, fee, interest, and penalty
through electronic cash ledger. This is a welcome measure that will avoid delays
in payment of duty or amounts being transferred to CHA towards payment of
duty. With this ECL, money can be transferred in advance and appropriated in
respect of each demand. Rules for Electronic Cash Ledger are yet to be notified.
Central Board of Indirect Taxes and Customs (CBIC) can prescribe the persons on
whom, and goods in respect of which, provisions of Electronic Cash Ledger shall
not apply.
With the use of an authorized mode of payment, persons who regularly make
payment of duty, interest and even penalty, if any, are permitted to ‘deposit’ a
certain amount of money. And then when the occasion to make payment arises,
they can pay by debit to the balance in this deposit account (electronic cash

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ledger balance). Person who may be required to regularly make payment are
importer, exporter (of dutiable goods) or Customs Brokers.
(1) Every deposit made towards duty, interest, penalty, fee or any other sum
payable by a person under the provisions of this Act or under the Customs
Tariff Act, 1975 or under any other law for the time being in force or the rules
and regulations made thereunder, using authorised mode of payment shall,
subject to prescribed conditions and restrictions, be credited to the electronic
cash ledger of such person, to be maintained in the prescribed manner.
(2) The amount available in the electronic cash ledger may be used for making
any payment towards duty, interest, penalty, fees or any other sum payable
under the provisions of this Act or under the Customs Tariff Act, 1975 or
under any other law for the time being in force or the rules and regulations
made thereunder in the prescribed manner and conditions and prescribed
time limit.
(3) The balance in the electronic cash ledger, after payment of duty, interest,
penalty, fee or any other amount payable, may be refunded in the
prescribed manner.
(4) Board is empowered to exempt the deposits made by specified class of
persons or with respect to specified categories of goods, from all or any of
the provisions of this section if it is necessary or expedient so to do.
LEDGER FOR DUTY CREDIT [SECTION 51B]
The Central Government may specify the manner in which it shall issue duty credit
vide notification in the official gazette —
(a) in lieu of remission of any duty/tax/levy, chargeable on any material used in
the manufacture/processing of goods or for carrying out any operation on such
goods in India that are exported; or
(b) in lieu of such other financial benefit subject to specified conditions and
restrictions.
The duty credit shall be maintained in the customs automated system in the form
of an electronic duty credit ledger of the person who is the recipient of such duty
credit, in the prescribed manner.

5.34 CUSTOMS & FTP
The duty credit available in the electronic duty credit ledger may be used by the
person to whom it is issued or the person to whom it is transferred, towards
making payment of duties payable under the Customs Act or under the Customs
Tariff Act, 1975 in the prescribed manner and time.
Duty Credit Ledger will enable credit in lieu of duty remission to be given in
respect of exports or other such benefit in electronic form for its usage, transfer,
etc.
Duty Credit Ledger is a step in the right direction to streamline the processes of
availment of export benefits by removing the physical interface and also usher
transparency by avoiding fraudulent claims.
PROCEDURE FOR DISPOSAL OF GOODS NOT CLEARED [SECTION 48]
If there are any goods imported from a place outside India, which are not cleared
either for home consumption or for warehouse within 30 days or within such further
time as the proper officer may allow or if the title to any imported goods is
relinquished (Section 23), the custodian of the goods is permitted, with the approval
of the customs department and after giving notice to the importer, to sell the goods
by auction.
CBIC has clarified vide Circular No. 49/2018-Cus dated 03.12.2018 that after the
successful bidder has been informed about the result of the auction, a
consolidated bill of entry, buyer-wise will be filed with the Customs in the
prescribed format by the concerned custodian for clearance of the goods as per
section 46 of the customs Act, 1962 read with Un-Cleared Goods (Bill of Entry)
Regulations, 1972 (Regulation 2 & 3).
(a) The proper officer of Customs shall assess the goods to duty in accordance
with the extant law within 15 days of filing of Bill of Entry and after assessment
inform the amount of duty payable to the concerned custodian.
(b) The auctioned goods shall be handed over to the successful bidder after
assessment and out-of-charge orders given by the proper officer, on payment of
dues.
In the case of sensitive goods like animals, foodstuffs and hazardous goods etc.
the custodian with the approval of the proper officer can sell the goods even
before the expiry of the 30 days limit. Similarly, in the case of arms or
ammunition, which cannot be sold in public auction, the disposal is regulated by
the rules made in this regard.

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STORAGE OF IMPORTED GOODS IN WAREHOUSE PENDING

CLEARANCE OR REMOVAL [SECTION 49]
Where the Assistant Commissioner/Deputy Commissioner of Customs is satisfied
on the application of the importer that––
(a) the goods cannot be cleared within a reasonable time in the case of
imported goods, whether dutiable or not, entered for home consumption.
(b) the goods cannot be removed for deposit in a warehouse within a reasonable
time in the case of any imported dutiable goods, entered for warehousing.
then in such cases, goods can be stored in a public warehouse for a period not
exceeding 30 days.
Such goods deposited under public warehouse will not be covered under Chapter
IX (Warehousing) of the Act. However, the Principal Commissioner/Commissioner
of Customs may extend such period of storage for further 30 days at a time.
For instance, when Single Window NAC Module was launched at major customs
station, there were delays obtaining NOC from various Government agencies
before clearance of goods. The CBIC clarified that Section 49 warehousing facility
may be resorted to.
6. EXPORTATION
IMPORTANT DEFINITIONS
(a) Export [Section 2(18)] with its grammatical variations and cognate
expressions, means taking out of India to a place outside India.
(b) Export goods [Section 2(19)] means any goods, which are to be taken out
of India to a place outside India.
(c) Exporter [Section 2(20)] in relation to any goods at any time between their
entry for export and the time when they are exported, includes any owner,
beneficial owner or any person holding himself out to be the exporter.
CONTROL OVER EXPORT GOODS
It would be convenient at this juncture to discuss the provision relating to the
export of the goods in so far as it applies to the master of the vessel or his agent.
The steamer agent comes into the picture only after the customs have permitted
the export goods to be shipped.

5.36 CUSTOMS & FTP
EXPORT GOODS NOT TO BE LOADED ON VESSEL UNTIL ENTRY-

OUTWARDS GRANTED [SECTION 39]
Section 39 stipulates that export goods are not to be loaded on vessel until entry
outwards is granted. The master of the vessel shall not begin the loading of any
export goods, other than baggage and mail bags, until an order has been given
by the proper officer granting entry-outwards to such vessel. This restriction is for
vessels and not for aircraft and vehicles.
In sum, for loading of goods for export, the following requirements are to be fulfilled:
(i) ‘Entry outwards’ to be granted under section 39 (in case of vessel).
(ii) ‘Shipping bill/Bill of export/Bill of Transhipment’ under section 50.
(iii) ‘Let-export’ order under section 51.
(iv) ‘Boat note’ under section 35 in case the vessel is anchored away from the
wharf and the goods are carried in a boat to the vessel.
EXPORT GOODS NOT TO BE LOADED UNLESS DULY PASSED BY
PROPER OFFICER [SECTION 40]
The first and foremost duty cast on the person-in-charge of conveyance under
section 40 is that export goods are not to be loaded unless duly passed by Proper
Officer.
The person-in-charge of a conveyance shall not permit the loading at a customs station
(a) of export goods, other than baggage and mail bags, unless a shipping bill
or bill of export or a bill of transshipment, as the case may be, duly passed
by the proper officer, has been handed over to him by the exporter;
(b) of baggage and mail bags, unless their export has been duly permitted by
the proper officer.
This section applies to all types of conveyances. The goods can be taken on
board only if they are accompanied by the following documents:
(i) In case of export goods other than baggage and mail bags – the goods
shall be accompanied by
- Shipping Bill (at seaports/airports), or
- Bill of Export (at Land Customs Station), or
- Bill of Transshipment (for transshipment goods),
all duly passed by the proper officer.

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(ii) In case of baggage and mail bags – they should be permitted by Customs
for export.
DELIVERY OF DEPARTURE MANIFEST/ EXPORT MANIFEST/ EXPORT

REPORT [SECTION 41]
Section 41 has been amended so as to provide a facility, that the departure
manifest/export manifest/ export report can also be furnished by a person
notified by the Central Government, in addition to the person-in -charge of the
conveyance.
It consists of a general declaration of particulars of the vessel, its crew and
passengers, its date and port of departure; a list of ship’s stores; a list of crew’s
personal effects; and a cargo declaration which is a complete list of the goods
shipped from the port, goods transshipped at the port, goods lying in the vessel
but not landed or transshipped (“same bottom cargo”), and dutiable goods,
including arms and ammunition, forming part of the equipment of the vessel.
Section 41(1) of the Customs Act, 1962 provides that the person-in-charge of a
conveyance carrying export goods or imported goods or any other person as may
be specified by the Central Government, by notification, shall, before departure of
the conveyance from a Customs station, deliver to the proper officer in the case
of a vessel or aircraft, a departure manifest or an export manifest by presenting
electronically, and in the case of a vehicle, an export report, in such form and
manner as may be prescribed and in case, such person-in-charge or other person
fails to deliver the departure manifest or export manifest or the export report or
any part thereof within such time, and the proper officer is satisfied that there is
no sufficient cause for such delay, such person-in-charge or other person shall be
liable to pay penalty not exceeding fifty thousand rupees.
However, in cases where it is not feasible to deliver departure manifest or export
manifest by presenting them electronically, the Principal Commissioner/
Commissioner of Customs may, allow the same to be delivered in any other
manner. [Section 41(1)]
The person delivering the departure manifest or export manifest or export report
shall make and subscribe a declaration as to the truth of its contents as a
footnote thereof. [Section 41(2)]
Amendment to EGM: If the proper officer is satisfied that the departure manifest
or export manifest or the export report is in any way incorrect and there was no

5.38 CUSTOMS & FTP
fraudulent intention, he may permit such manifest or report to be amended or

supplemented. [Section 41(3)]
Preparation of Export General Manifest: The procedure for preparation of
cargo manifest is as follows:
(i) In the case of shipment by sea, the ship’s officer gives a receipt after he has
received the consignment on board the ship. This receipt is called mate
receipt. It is surrendered to the steamer agent or the agent who issues the
bill of lading.
(ii) In the case of shipment by air, after the cargo is delivered to the airways for
loading, the airways issues an air consignment note.
(iii) In the case of train and lorry, a railway receipt or a lorry receipt as the case
may be, is issued as soon as the consignment is received by the carrier.
The export general manifest or report is the consolidated report of all such Bills of
Lading/Air Consignment Notes/Railway Receipts/Lorry Receipts issued.
PASSENGER AND CREW DEPARTURE MANIFEST AND PASSENGER
NAME RECORD INFORMATION [SECTION 41A]
The person-in-charge of a conveyance that departs from India to a place outside
India or any other person as may be specified by the Central Government, shall
deliver to the proper officer—
(i) the passenger and crew departure manifest; and
(ii) the passenger name record information of departing passengers, in such
form, containing such particulars, in such manner and within such time, as
may be prescribed.
Where the passenger and crew departure manifest or the passenger name record
information or any part thereof is not delivered to the proper officer within the
prescribed time and if the proper officer is satisfied that there was no sufficient
cause for such delay, the person-in-charge or the other specified person shall be
liable to such penalty, not exceeding ` 50,000, as may be prescribed.
NO CONVEYANCE TO LEAVE WITHOUT WRITTEN ORDER [SECTION 42]
The person-in-charge of the conveyance which has brought any imported goods
or has loaded any export goods at a customs station shall not cause or permit the
conveyance to depart from that customs station until a written order to that
effect has been given by the proper officer.

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Subsection (2) of section 42 stipulates that no such order shall be given until
(a) The person-in-charge of a conveyance has answered the questions put to
him under Section 38;
(b) The provisions of section 41 have been complied with;
(c) The shipping bills or bills of export, the bills of transshipment, if any and
such other documents, as the proper officer may require, have been
delivered to him;
(d) All duties leviable on any stores consumed in such conveyance and all
charges and penalties due in respect of such conveyance or from the
person-in-charge thereof have been paid or the payment secured by such
guarantee or deposit of such amount as the proper officer may direct;
(e) The person-in-charge of the conveyance has satisfied the proper officer that
no penalty is leviable on him under section 116 or the payment of any
penalty that may be levied upon him under that section has been secured
by such guarantee or deposit of such amount as the proper officer may
direct;
(f) In any case where any export goods have been loaded without payment of
export duty or in contravention of any provision of this Act or any other law
for the time being in force in relation to export of goods-
(i) Such goods have been unloaded, or
(ii) Where the Assistant Commissioner is satisfied that it is not practicable
to unload such goods, the person-in-charge of the conveyance has
given an undertaking, secured by such guarantee or deposit of such
amount as the proper officer may direct, for bringing back the goods
to India.
7. PROCEDURE FOR THE CLEARANCE OF

EXPORT GOODS
ENTRY OF GOODS FOR EXPORTATION [SECTION 50]
The exporter is, under section 50 of the Customs Act, required to present
electronically on the customs automated system to a proper officer of customs a

5.40 CUSTOMS & FTP
shipping bill in case of export by a vessel or by air and a bill of export, in case of
export by a vehicle. With this extent of automation, Customs expects that filing
of shipping bill and payment of duty is on the automated system of customs
department or CAS.
However, the Principal Commissioner/Commissioner of Customs may, in cases
where it is not feasible to make entry by presenting electronically, allow an entry
to be presented in any other manner. Hence, manual submission of shipping
bill/bill of export is allowable in cases where electronic submission is not feasible.
The form of the shipping bill is prescribed under the Shipping Bill and Bill of
Export (Forms) Regulations, 2017.
Normally a shipping bill is permitted to be filed only after an entry outward has
been granted for the particular vessel or aircraft by which the goods are to be
exported. However, under special circumstances the Principal Commissioner/
Commissioner of Customs may permit advance shipping bill to be filed. The
exporter of any goods, while presenting a shipping bill or bill of export, shall
make and subscribe to a declaration as to the truth of its contents.
The exporter who presents a shipping bill or bill of export under this section shall
ensure the following, namely :—
(a) the accuracy and completeness of the information given therein;
(b) the authenticity and validity of any document supporting it; and
(c) compliance with the restriction or prohibition, if any, relating to the goods
under this Act or under any other law for the time being in force.
CLEARANCE OF GOODS FOR EXPORTATION [SECTION 51]

After the shipping bill is filed, they are presented for the customs appraisal. The
officer of customs checks that the goods are not prohibited for export and
whether they are liable to any export duty. Physical check is carried out in terms
of prevailing instructions. After the customs officer is satisfied that the goods are
not prohibited, and the exporter has paid the duty and other charges payable in
respect of same, he makes the order for shipment on the duplicate copy of the
shipping bill. This is known as “Let Export” order. However, Central Government
may permit certain class of exporters to make deferred payment of said duty or

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any charges in such manner as may be provided by rules, in which case ‘let
export’ can be ordered before duty is paid.
Further, in case of deferred payment of duty, where the exporter fails to pay the
export duty, either in full or in part, by such due date as may be specified by rules,
he will have to pay interest on said duty not paid or short-paid till the date of its
payment. The Central Government will notify the rate of interest within a range of
5% p.a. to 36% p.a.
NOTICE OF SHORT-EXPORT OF GOODS
According to the Notice of Short Export Rules, 1963, if any goods mentioned in a
shipping bill or bill of export and cleared for exportation are not exported, the
exporter shall, within seven days, from the date of departure of the conveyance
by which such goods were exported, furnish the prescribed information to the
proper officer in respect of such goods.
8. PROCEDURE FOR POSTAL ARTICLES

IMPORT / EXPORT OF GOODS BY POST OR COURIER
Sections 83 and 84 of the Customs Act contain the substantive provisions
relating to goods imported or exported by post or through authorized courier.
Relevant date for Rate of duty and tariff valuation in respect of goods
imported or exported by post [Section 83]
(1) The rate of duty and tariff value, if any, applicable to any goods
imported by post or courier shall be the rate and valuation in force
on the date on which postal authorities or the authorized courier
present to the proper officer a list containing the particulars of such
goods for the purposes of assessing the duty thereon.
However, where the postal goods arrive on a vessel, and the list
containing the particulars is available and is filed by the Post Master,
before the arrival of the vessel, the list shall be deemed to have been
filed on the date of arrival of the vessel.

5.42 CUSTOMS & FTP
The effect of this proviso is that the relevant date for imports by post
is the date of submission of the list by the Post-Master or the date of
arrival of the vessel, whichever is later.
(2) The rate of duty and tariff value applicable to any goods exported by
post or courier shall be the rate and valuation in force on the date on
which the exporter delivers such goods to the postal authorities or
the authorized courier for exportation.
Procedure for goods imported or to be exported by postor courier

[Section 84]
This section empowers the Board to make regulations providing
(a) the form and manner in which an entry may be made in respect of
goods imported or to be exported by post or courier
(b) the examination, assessment to duty, and clearance of goods

imported or to be exported by post or courier
(c) the transhipment or transit or goods imported by post or courier from

one Customs station to another or to a place outside India.
PROCEDURE FOR IMPORT AND EXPORT OF GOODS BY POST

In the case of goods imported by post the agency for the carriage of goods is the
Government of India be it through sea, air or land. The control of the Customs
Department is only on goods, whether imported or exported
(i) on which there is a duty; and
(ii) which are subject to prohibition or restriction under the Customs Act or any
other law for the time being in force.
The customs have no concern over other goods or other mail.
PROVISIONS UNDER INDIAN POST OFFICE ACT

The Indian Post Office Act, 1898 contains certain provisions to facilitate this
control. The first of these is section 24 of the Indian Post Office Act, which reads
as under:

GOODS
Power to deal with postal articles containing goods contraband or

liable to duty [Section 24 of the Indian Post Office Act]
Except as otherwise provided in this Act, where a postal article suspected to
contain any goods of which the import by post or the transmission by post
is prohibited by or under any enactment for the time being in force, or
anything is liable to duty, the officer in charge of the post office writing to
the addressee, initiating him to attend, either in person, or by an agent,
within a specified time at a post office, and shall in the presence of the
addressee, or his agent, or if the addressee or his agent fails to attend as
aforesaid, then in his absence open and examine the postal article.
It therefore, follows that
(1) The post office authority has a right and duty to open and examine a
postal article.
(2) The right can be exercised only if he has a reasonable suspicion that
the goods contained in the postal article are-(a) liable to duty of
customs, or (b) subject to a prohibition under any law in force.
(3) Before opening and examining the postal article he should issue a
notice in writing to the addressee asking him to be present at an
appointed time and place for the opening of the postal article.
(4) The addressee can be present either in person or by an agent; and if
the addressee or his agent does not turn up at the appointed time
and place, the postal authorities are entitled to open and examine the
postal article in his absence.
Delivery to customs authority [Section 24A of the Indian Post Office Act]
The power enabling the postal authorities to deliver such articles to the
Customs authorities is enshrined in section 24A of the Indian Post Office
Act. The relevant provisions read as follows:
The Central Government may, by a general or special order, empower any
officer of the post office, specified in such order, to deliver any postal
article, received from beyond the limits of India and suspected to contain
anything liable to duty, to such customs authority as may be specified in the
said order and such customs authority shall deal with such article in
accordance with the provisions of the Sea Customs Act [now Customs Act,
1962] or any other law for the time being in force.

5.44 CUSTOMS & FTP
Thus, once the postal authorities have found some postal article to contain
dutiable or prohibited goods, that authority should deliver the postal article
in question to the customs authority for necessary action.
9. SPECIAL PROVISIONS RELATING TO STORES

The term “stores” has been defined under section2(38) of the Customs Act to mean
“goods for use in a vessel or aircraft and includes fuel and spare parts and other
articles of equipment, whether or not for immediate fitting”. It covers items like food,
drink, medicines, life-saving equipment like oxygen and life boats, articles or
equipment used for entertainment, in addition to fuel, spare parts and other
equipment.
These items are not imported into or exported out of India in the course of
international trade, but by the very fact of their being brought into India from a
place outside India, and vice versa, they attract the rigors of the controls on
import and export of goods. This has necessitated special provisions to deal with
such stores. Sections 85 to 90 of the Customs Act contain detailed provisions
relating to treatment of Stores under the Act.
“Store list” in the prescribed format is required to be filed as part of the import
manifest as well as export manifest / import report or export report.
WAREHOUSING OF STORES [SECTION 85]
It has been found convenient to allow imported ships stores to be kept in a
bonded warehouse and thereafter supply it to vessels/aircraft as and when
required. Section 85 provides that “where any imported goods are entered for
warehousing and the importer makes and subscribes to a declaration that the
goods are to be supplied as stores to vessels or aircraft without payment of
import duty under this chapter the proper officer may permit the goods to be
warehoused without the goods being assessed to duty.”
This is a deviation from the general provision of warehousing the goods, where
the goods are assessed to duty at the time of warehousing. Though such duty is
not payable at the time of warehousing.
TRANSIT AND TRANSHIPMENT OF STORES [SECTION 86 AND 87]
Section 86 of the Customs Act provides that:
1. Any stores imported in a vessel or aircraft, may remain on board such vessel
or aircraft, without payment of duty, while it is in India. (Transit)

GOODS
2. Any stores imported in a vessel or aircraft may, with the permission of the
proper officer be transferred to any vessel or aircraft as stores for
consumption therein. (Transhipment)
Section 87 of the Customs Act provides that any imported stores on board a
vessel or aircraft (other than stores to which section 90 applies) may, without
payment of duty, be consumed during the period such vessel or aircraft is a
foreign going vessel or aircraft.
This covers the situation between the first Indian port/airport of arrival to the final
Indian port/airport of departure to a destination outside India.
In other words, no duty is leviable as long as the vessel/aircraft is a foreign going
vessel/ aircraft. However, if the vessel/aircraft ceases to be so and converts to a
total run/local flight, duty will be chargeable on the stores on board.
As a result of these two specific provisions of law, it follows that in other cases
normal law of levy and assessment to import duty would apply. Thus, in the case
of:
(i) vessels/aircraft arriving in India and terminating their voyage at the port of
arrival;
(ii) vessel/aircraft arriving in India and subsequently converting into coastal
voyage/run or domestic flight, import duty would be chargeable on the
unconsumed stores brought by the vessel/aircraft/conveyance at the point
of its entry into India. The stores list in the arrival manifest or import
manifest forms the basic document for determination of duty liability.
APPLICATION OF SECTION 69 AND CHAPTER X TO STORES [SECTION 88]
This section provides that the provisions of section 69 and chapter X (which
contains the provisions for drawback of duty) shall apply to stores other than
those covered by section 90. Thus, it follows that,
(i) Section 69 allows warehoused goods to be exported on payment of export
duty (if any) from the warehouse (thus no import duty is paid on such
goods). By virtue of section 88, this benefit is available to warehoused
goods if they are taken on board any foreign going vessel or aircraft as
stores.
(ii) Further, as per section 74, where duty paid imported goods are exported
within two years then subject to certain conditions, such duty shall be

5.46 CUSTOMS & FTP
repaid as drawback. By virtue of section 88, this benefit has been made
available to imported stores.
In case of imported stores, which have been re-exported after the import duties
for the same have been paid, the original import duty paid is eligible as drawback.
For stores like fuel and lubricants oil taken on board any foreign going aircraft the
whole of the import duty paid is eligible as drawback as against 98% eligible for
other imported goods.
Imported goods can be exported without clearing it for home consumption on
payment of export duty (if any) from the warehouse under Section 69.
SUPPLY OF STORES [SECTION 89]
Section 89 of the Customs Act covers the case of indigenous goods, which are
supplied to a vessel as ship stores. It states that goods produced or manufactured in
India and required as stores on any foreign going vessel or aircraft may be exported
free of export duty in such quantities as the proper officer may determine having
regard to the size of the vessel or aircraft, the number of passengers and the crew
and the length of the voyage or journey on which the vessel or aircraft is about to
depart. In a nutshell, the duty-free supply of stores should be as per estimated
requirement.
SPECIAL PROVISIONS REGARDING SHIPSTORES SUPPLIED TO INDIAN
NAVAL VESSELS [SECTION 90]
Following are the special provisions in relation to supply of stores to Naval vessels:
(i) Imported Stores for the use in a ship of the Indian Navy may without
payment of duty be consumed on board the ship of Indian Navy ;
(ii) Imported stores supplied free by the Government for the use of the crew
of a ship of the Indian Navy, in accordance with their conditions of service,
may be supplied without payment of duty to be consumed on board the
ship of Indian Navy.
(iii) The provisions of section 69 (duty-free export from a warehouse) and
Chapter X (drawback) shall apply as they apply to other goods. However,
they will be entitled to drawback of the whole of the duty of customs if any
paid therein, instead of 98% alone otherwise applicable.

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10. SPECIAL PROCEDURES RELATING TO

CLEARANCE OF BAGGAGE
BAGGAGE
The term “baggage” has been defined under section 2(3) of the Customs Act in an
inclusive manner, to include unaccompanied baggage as well but does not
include motor vehicles. In common parlance, the term means luggage of a
passenger comprising trunks or bags and personal belongings of the passenger.
The term “goods” has been defined under section 2(22) of the Customs Act, to
include inter alia, baggage also. Therefore, the restrictions and regulations
governing the import and export of goods will apply mutatis mutandis to baggage
also.
ISSUES RELEVANT TO BAGGAGE
The person-in-charge of the conveyance is to file an Import General Manifest in
the case of imported goods and an Export General Manifest in the case of export
goods. In both the cases, “baggage goods” are required to be declared in
separate sheets.
STATUTORY PROVISIONS
The statutory provisions relating to Baggage are covered by sections 77 to 81 of
the Customs Act.
ENTRY OF BAGGAGE BY OWNER [SECTION 77]
Under this section, the owner of the baggage has to make a declaration of
its contents to the proper officer of customs, for the purpose of clearing it.
This is known as Baggage Declaration Form.
Declaring packing list is sufficient declaration.
RATE OF DUTY AND TARIFF VALUATION APPLICABLE TO BAGGAGE
[SECTION 78]
Section 78 of the Customs Act stipulates that the rate of the duty and tariff
valuation, if any applicable to baggage shall be the rate of and valuation in
force on the date on which a declaration is made in respect of such
baggage under section 77. Therefore, the relevant date for determining rate
of duty is the date of filing baggage declaration under section 77.

5.48 CUSTOMS & FTP
Rate of duty on baggage is 35% ad valorem. This rate of duty is not

applicable to fire arms, cartridges of fire arms exceeding 50, cigarettes,
cigars or tobacco in excess of the quantity prescribed for importation free
of duty under the relevant baggage rules and goods imported through a
courier service.
Fire arms, cartridges of fire arms exceeding 50 and cigarettes exceeding 100
sticks are not chargeable to rate applicable to baggage [Notification No.
26/2016 Cus. dated 31.03.2016]. These items are charged @ 100%
applicable to baggage under Heading 9803 of the Customs Tariff.
Valuation rules apply to valuation of baggage also.
DUTY EXEMPTION TO BAGGAGE [SECTION 79]
Section 79(1) of the Customs Act refers to the duty relief available in respect
of baggage. It stipulates that the proper officer, may subject to any rules
made under sub-section (2), pass free of duty
(a) any article in the baggage, of a passenger or a member of the crew, in
respect of which the said officer is satisfied that it has been in his use
for such minimum period as may be specified in the rules;
(b) any article in the baggage of a passenger in respect of which the
officer is satisfied that it is for the use of the passenger or his family or
is a bonafide gift or souvenir, provided that the value of each such
article and the total value of all such articles does not exceed such
limits as may be specified in the rule.
The law thus envisages two categories of baggage, namely those belonging
to (a) passengers; and (b) members of the crew.
Similarly, it envisages three classes of goods, namely (a) personal effects,
which have been in the use of the person for a minimum period; (b)
household effects, which is used by the family including the person; and (c)
gifts and souvenirs.
Sub-section (2) of section 79 enables the Central Government to make rules
for the purposes of carrying out the provisions of section 79(1). It also
stipulates that such rules may specify
(a) the minimum period for which any article has been used by a
passenger or a member of the crew for the purposes of [clause (a) of
sub-section(1)] determining personal effects;

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(b) The maximum value of any individual article and the maximum total
value of all the articles which may be passed free of duty [under clause
(b) of sub-section (1)] i.e., household effects, gifts, souvenirs etc.;
(c) the conditions to be fulfilled before or after clearance subject to which the
baggage may be passed free of duty. Sub-section(3) of section 79 provides
that different rules may be made for different classes of persons.
PASSENGER BAGGAGE RULES
In pursuance of the powers conferred under section 79 of the Customs Act, the
Government had earlier issued the Baggage Rules 1998.The Baggage Rules, 1998
have been substituted with the Baggage Rules, 2016. The salient features of the
Baggage Rules 2016 are discussed hereunder:
General duty-free baggage allowance: The general duty-free baggage
allowance for different class of passengers coming from different countries is
given hereunder:
Rule Class of Origin country Articles allowed free of duty

No. passenger from which
the passenger
is coming
3 Indian resident Any country (i)Used personal effects and travel
or Foreigner other than souvenirs; and
residing in India Nepal, Bhutan (ii)Articles up to the value of
or Tourist of or Myanmar `50,000 (excluding articles
Indian origin, mentioned in Annexure I), if
excluding an carried on in person or in the
infant accompanied baggage of the
passenger
3 Tourist of Any country (i) Used personal effects and travel
foreign origin other than souvenirs; and
excluding infant Nepal, Bhutan (ii) Articles up to the value of
or Myanmar `15,000 (excluding articles
mentioned in Annexure I), if
carried on in person or in the
accompanied baggage of the
passenger

5.50 CUSTOMS & FTP
4 Indian resident Nepal, Bhutan (i) Used personal effects and travel
or Foreigner or Myanmar souvenirs; and
residing in (ii) Articles up to the value of
India or Tourist, `15,000 (excluding articles
excluding an mentioned in Annexure I), if
infant carried on in person or in the
accompanied baggage of the
passenger.
On arriving by land:
Only used personal effects.
When a passenger is an infant, only used personal effects will be allowed duty
free. The general duty-free baggage allowance of a passenger cannot be
pooled with the general duty-free baggage allowance of any other passenger.
(a) “Infant” means a child not more than two years of age;
(b) “Resident” means a person holding a valid passport issued under the
Passports Act, 1967 and normally residing in India;
(c) “Tourist” means a person not normally resident in India, who enters
India for a stay of not more than six months in the course of any
twelve months period for legitimate non-immigrant purposes;
(d) “Personal effects” means things required for satisfying daily
necessities but does not include jewellery.
Jewellery Allowance [Rule 5]:
Rule Class of Origin country from Articles allowed free

No. passenger which the passenger is ofduty
coming
5 Passenger Any country Gentleman: Jewellery upto
residing a weight of 20 gms with a
abroad for value cap of `50,000
more than Lady passenger: Jewellery
one year upto a weight of 40 gms
with a value cap of
`1,00,000

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Transfer of residence [Rule 6]:A person, who is engaged in a profession

abroad, or is transferring his residence to India, will be allowed duty free
clearance of articles on his return in the manner given in the Appendix below.
This allowance would be in addition to the general duty free baggage
allowance under rule 3 or 4, as the case may be.
Appendix
Duration of Articles allowed Conditions Relaxation

stay abroad free of duty
From 3 months Personal and Indian passenger -
upto 6 months household
articles, other
than those
mentioned in
Annexure I or
Annexure II but
including articles
mentioned in
Annexure III upto
an aggregate
value of ` 60,000
From 6 months Personal and Indian passenger -
upto 1 year household
articles, other
than those
mentioned in
Annexure I or
Annexure II but
including articles
Mentioned in
Annexure III, upto
an aggregate
value of ` 1,00,000

5.52 CUSTOMS & FTP
Minimum Stay Personal and The Indian -

of 1 year during household passenger should
the preceding 2 articles, other not have availed
years than those this concession in
mentioned in the preceding 3
Annexure I or years.
Annexure II but
including articles
mentioned in
Annexure III upto
an aggregate
value of
` 2,00,000
Minimum stay Personal and (i) Minimum stay The shortfall of
of 2 years or house household of 2 years upto 2 months
more articles, other abroad, in stay abroad
than those listed immediately can be
at Annexure I or preceding the condoned by
Annexure II but date of his arrival Deputy/Assista
including articles on transfer of nt
mentioned in residence; Commissioner
Annexure III upto of Customs if
an aggregate the early return
value of ` 5,00,000 is on account
of -
(i) terminal
leave or
vacation being
availed of by
the passenger;
or
(ii) any other
special
circumstances
for reasons to
be recorded in
writing.

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(ii) Total stay in The Principal

India on short Commissioner/
visit during the Commissioner
two preceding may condone
years should not short visits in
exceed 6 months; excess of 6
and months in
special
circumstances
for reasons to
be recorded in
writing.
(iii)Passenger has No relaxation
not availed this
concession in the
preceding 3
years.
Currency [Rule 7]: The import and export of currency under these rules shall
be governed in accordance with the provisions of the Foreign Exchange
Management (Export and Import of Currency) Regulations, 2015, and the
notifications issued thereunder.
Unaccompanied Baggage [Rule 8]: The various provisions in the above
rules are also applicable to the unaccompanied baggage, unless specifically
excluded ,if unaccompanied baggage had been in possession, abroad, of
the passenger and is dispatched within 1 month of his arrival in India or
such further period as the Deputy/Assistant Commissioner may allow.
The said unaccompanied baggage can also land in India upto 2 months
before the arrival of the passenger. However, if the passenger is not able to
arrive in India within two months due to circumstances beyond his control
like sudden illness to himself or any member of family, natural calamities,
disturbed conditions, disruption of the transport or travel arrangements in
the country etc., the Deputy/Assistant Commissioner may extend the said
period of 2months upto a maximum of 1 year for reasons to be recorded.
Crew baggage [Rule 9]: These baggage rules are also applicable to the
members of the crew engaged in foreign going conveyance for importation

5.54 CUSTOMS & FTP
of their baggage, when they are finally paid off on termination of their
engagement.
However, other crew members of a vessel and aircraft will be allowed to
bring items like chocolates, cheese, cosmetics and other petty gift items for
their personal or family use for a value not exceeding ` 1500.
Family, under these rules, includes all persons who are residing in the same
house and form part of the same domestic establishment.
Goods listed in Annexure I, II and III are given below:
ANNEXURE–I (See rule 3, 4 and 6)

1. Firearms.
2. Cartridges of fire arms exceeding50.
3. Cigarettes exceeding 100 sticks or cigars exceeding 25 or tobacco
exceeding 125gms.
4. Alcoholic liquor or wines in excess of two litres.
5. Gold or silver in any form other than ornaments.
6. Flat Panel (Liquid Crystal Display/Light-Emitting Diode/Plasma) television.
ANNEXURE–II (See rule 6)

1. Colour Television.
2. Video Home Theatre System.
3. Dish Washer.
4. Domestic Refrigerators of capacity above 300 litres or its equivalent.
5. Deep Freezer.
6. Video camera or the combination of any such Video camera with one or
more of the following goods, namely:-
(a) Television receiver;
(b) sound recording or reproducing apparatus;
(c) video reproducing apparatus.
7. Cinematographic films of 35 mm and above.
8. Gold or Silver, in any form, other than ornaments.

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ANNEXURE III (See rule 6)

1. Video Cassette Recorder or Video Cassette Player or Video Television
Receiver or Video Cassette Disk Player.
2. Digital Video Discplayer.
3. Music System.
4. Air-Conditioner.
5. Microwave Oven.
6. Word Processing Machine.
7. Fax Machine.
8. Portable Photocopying Machine.
9. Washing Machine.
10. Electrical or Liquefied Petroleum Gas Cooking Range
11. Personal Computer (Desktop Computer)
12. Laptop Computer (Note book Computer)
13. Domestic Refrigerators of capacity up to 300 litres or its equivalent.
Illustration 4
Mr. Sujoy, an Indian entrepreneur, went to London to explore new business
opportunities on 01.04.2020. His wife also joined him in London after three months.
The following details are submitted by them with the Customs authorities on their
return to India on 15.04.2021:
(a) used personal effects worth` 80,000,
(b) 2 music systems each worth ` 50,000,
(c) the jewellery brought by Mr. Sujoy worth ` 48,000 [20 grams] and the jewellery
brought by his wife worth` 96,000 [40 grams].
With reference to Baggage Rules, 2016, determine whether Mr. and Mrs. Sujoy
will be required to pay any customs duty?
Answer
As per rule 3 of the Baggage Rules, 2016, an Indian resident arriving from any
country other than Nepal, Bhutan or Myanmar, shall be allowed clearance free of

5.56 CUSTOMS & FTP
duty articles in his bona fide baggage, that is to say, used personal effects and
travel souvenirs; and articles [other than certain specified articles], upto the value
of ` 50,000 if these are carried on the person or in the accompanied baggage of
the passenger.
Thus, there is no customs duty on used personal effects and travel souvenirs and
general duty free baggage allowance is ` 50,000 per passenger. Thus, duty liability
of Mr. Sujoy and his wife is nil for the used personal effects worth ` 80,000 and 2
music systems each worth ` 50,000.
As per rule 5 of the Baggage Rules, 2016, the jewellery allowance is as follows:
Jewellery brought by Duty free allowance

Gentleman Passenger Jewellery upto a weight of 20 grams with a value cap
of ` 50,000
Lady Passenger Jewellery upto a weight of 40 grams with a value
cap of ` 1,00,000
However, the jewellery allowance is applicable only to a passenger residing

abroad for more than 1 year.
Consequently, there is no duty liability on the jewellery brought by Mr. Sujoy as he
had stayed abroad for period exceeding 1 year and weight of the jewellery brought
by him is 20 grams with a value less than `50,000.
However, his wife is not eligible for this additional jewellery allowance as she had
stayed abroad for a period of less than a year. Thus, she has to pay customs duty
on the entire amount of jewellery brought by her as she has already exhausted
the general duty free baggage allowance of `50,000 allowed under rule 3.
Illustration 5
After visiting USA for a month, Mrs. and Mr. X (Indian residents aged 40 and 45
years respectively) brought to India a laptop computer valued at ` 80,000, used
personal effects valued at` 90,000 and a personal computer for ` 52,000. What is
the customs duty payable? Ignore Agriculture infrastructure and development cess.
Answer
(1) As per Baggage Rules, 2016, an Indian resident arriving from any country
other than Nepal, Bhutan or Myanmar is allowed duty free clearance of-
(i) Used personal effects and travel souvenirs without any value limit.

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(ii) Articles [other than certain specified articles] upto a value of `50,000
carried as accompanied baggage [General duty-free baggage
allowance].
Further, such general duty-free baggage allowance of a passenger cannot be
pooled with the general duty free baggage allowance of any other passenger.
(2) One laptop computer when imported into India by a passenger of the age
of 18 years or above (other than member of crew) as baggageis exempt
from whole of the customs duty[Notification No. 11/2004 Cus. dated
08.01.2004].
(3) Accordingly, there will be no customs duty on used personal effects (worth
` 90,000) of Mrs. and Mr. X and laptop computer brought by them will be
exempt from duty.
Duty payable on personal computer after exhausting the duty free baggage
allowance will be ` 52,000 – `50,000 = `2,000.
Effective rate of duty for baggage =38.5% [including social welfare
surcharge @ 10%]
Therefore, total customs duty = `770
Illustration 6
What is the relevant date for determination of rate of duty under the Customs Act,
1962 in the case of clearance of baggage?
Answer
As per section 78 of the Customs Act, 1962, the relevant date for determination of
rate of duty in case of clearance of baggage is the date on which a declaration is
made in respect of such baggage under section 77.
TEMPORARY DETENTION OF BAGGAGE [SECTION 80]
It may so happen that a passenger has brought with him an article, which is prohibited.
The passenger may not insist on taking it into the Indian Territory. On the contrary, he
may opt to re-export it or take it with him when he leaves the country.
Similarly, a passenger may not unnecessarily pay duty on an article, which he can
conveniently avoid taking into the town, if the duty is heavy. In such case also, he
may opt to take the article with him when he leaves the country.
In both the cases, he will have to deposit the article with the customs authorities

5.58 CUSTOMS & FTP
and take it back at the port of his departure.

“Where the baggage of a passenger contains any article which is dutiable or the
import of which is prohibited and in respect of which a true declaration has been
made under section 77, the proper officer may, at the request of the passenger,
detain such article for the purpose of being returned to him on his leaving India
and if for any reason, the passenger is not able to collect the article at the time of
his leaving India the article may be returned to him through any other passenger
authorised by him and leaving India or as cargo consigned in his name”.
Declaration – the essence: The declaration of the goods brought in is an
absolute necessity. If the goods are not declared under section 77, the passenger
cannot subsequently claim the benefit under section 80 and the goods are liable
for confiscation.
REGULATIONS IN RESPECT OF BAGGAGE [SECTION 81]
Since the provisions in respect of baggage are a complete code by themselves, it
is desirable to supplement detailed procedures wherever necessary with the rule
making powers. Section 81 therefore provides that the Board may make
regulations in the following matters:
(a) providing for the manner of declaring the contents of any baggage;
(b) providing for the custody, examination, assessment to duty and clearance of
baggage;
(c) providing for transit or transhipment of baggage from one customs station
to another or to a place outside India.
Baggage declaration form: In exercise of these powers, the form of the baggage
declaration has been prescribed and standardized. Transit or transhipment of
baggage from one customs station to another becomes a necessity for
convenient clearance of unaccompanied baggage.
In the Customs Baggage Declaration Regulations, 2013, the baggage declaration
will have to be filed only by those passengers who come to India and carry
dutiable or prohibited goods or have anything to declare.
Note: CBIC vide Circular No. 08/2016 Cus. dated 08.03.2016 has clarified that the
domestic passengers who board international flights in the domestic leg are not
required to file the Customs Baggage Declaration Form.

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11. TRANSIT AND TRANSHIPMENT

TRANSIT AND TRANSHIPMENT OF IMPORT CARGO – AN
INTRODUCTION:
A conveyance may not carry goods intended for a particular customs station only.
It may carry goods intended for other Indian ports and other foreign ports. There
are two distinct possibilities:
(a) The conveyance may not call at all other Indian ports/customs stations and
foreign ports for which it carries goods.
(b) The conveyance may call at all other Indian ports/customs stations and
foreign ports for which it carries goods.
In the case of the former, the goods will have to be transferred to any other
conveyance onward carriage to the destination. This is called transhipment. This
will cover both goods intended for Indian ports and foreign ports.
In the latter situation, the goods will continue to be carried by the same
conveyance. This is called transit of goods.
In both the situations, import duty is not collected on the goods even though the
liability has already accrued by the fact of import into India (which includes the
territorial waters of India). It would be necessary to ensure that
(a) in the case of goods intended for Indian ports, the goods have actually to
be conveyed to the Indian port of destination and appropriate duty of
customs is collected thereupon;
(b) in the case of goods intended for foreign ports, the goods are actually
conveyed out of India and are not landed in any Indian customs station.
DIFFERENCE BETWEEN TRANSIT AND TRANSHIPMENT
The essential difference between transit and transhipment lies in the continuity of
records and documentation.
(a) In the case of transit of goods by the same conveyance, the record already
made in the ship’s/aircraft’s manifest will continue. The goods would have
to be shown in the manifest as same bottom cargo. The destination of the
cargo consignment wise has to be shown in the same bottom cargo
manifest. These entries have necessarily to figure in the departure manifest
or export manifest of the conveyance. Thereafter when the conveyance calls

5.60 CUSTOMS & FTP
at the next Indian customs port or airport the goods have to figure in the
Import General Manifest filed there as landing cargo or same bottom cargo
as the case may be. Thus, there is continuity in the record and there is no
chance of the control over such transit goods being lost.
(b) The position of the transhipment is entirely different. In the first instance,
such transhipment goods are landed in the particular Indian customs
station. Thereafter, they have to be shipped by a conveyance to the
destination to be transhipped. These are the following stages where care
and caution have to be exercised to ensure that the goods are not illicitly
landed and smuggled into India.
(i) during the period when the transhipment goods lie in the Indian
customs station;
(ii) when the goods are transhipped by another conveyance to their final
destination;
(iii) where the transhipped goods are destined to another Indian customs
station, care has to be taken at that station for actual landing and
proper clearance.
STATUTORY PROVISIONS
The statutory provisions relating to Transit and Transhipment of goods are
covered in sections 52 to 56 of the Customs Act.
EXCEPTIONS TO THIS CHAPTER [SECTION 52]
The provisions of this chapter shall not apply to
(a) Baggage
(b) Goods imported by post and
(c) Stores
TRANSIT OF GOODS IN THE SAME VESSEL OR AIR [SECTION 53]
Subject to the provisions of section 11 (power to prohibit import or export
of goods), where any goods imported in a conveyance and mentioned in
the arrival manifest or import manifest or the import report, as the case may
be, as for transit in the same conveyance to any place outside India or to
any customs station, the proper officer may allow the goods and the
conveyance to transit without payment of duty, subject to such conditions,
as may be prescribed.

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TRANSHIPMENT OF GOODS WITHOUT PAYMENT OF DUTY

[SECTION 54]
(1) Where any goods imported into a customs station are intended for
transhipment, a bill of transhipment shall be presented to the proper
officer in the prescribed form. Where the goods are being transferred
under an international treaty or bilateral agreement between the
Government of India and Government of a foreign country, a
declaration for transhipment instead of a bill of transhipment shall be
presented to the proper officer in the prescribed form.
(2) Subject to the provisions of sections 11 (power to prohibit import or
export of goods), where any goods imported into a customs station
are mentioned in the arrival manifest or import manifest or the import
report, as the case may be, as for transhipment to anyplace outside
India, such goods may be allowed to be so transhipped without
payment of duty.
(3) Where any goods imported into a customs station are mentioned in
the arrival manifest or import manifest or the import report, as the
case may be, as for transhipment:-
(a) to any major port as defined in the Indian Ports Act, 1908 (15 of
1908), or the customs airport at Mumbai, Calcutta, Delhi, or
Chennai or any other custom port or customs airport which the
board may, by notification in the Official Gazette, specify in this
behalf, or
(b) to any other customs station and the proper officer is satisfied
that the goods bonafide intended for transhipment to such
customs station,
the proper officer may allow the goods to be transhipped
without payment of duty, subject to such conditions as may be
prescribed for the due arrival of such goods at the customs
station to which transshipment is allowed.
Illustration7
State the difference between transit and transhipment of goods under the provisions
of the Customs Act.

5.62 CUSTOMS & FTP
Answer
Transit Transshipment
(i) Section 53 of the Customs (i) Section 54 of the Customs Act, 1962
Act, 1962 provides for provides for transshipment of goods.
transit of goods.
(ii) In case of transit of goods, (ii) In case of transshipment of goods, the

goods are allowed to conveyance changes i.e., the goods are
remain on the same unloaded from one conveyance and
conveyance. loaded in another conveyance.
(iii) In case of transit of goods, (iii) In transshipment of goods, continuity

there is continuity of in the records is not maintained as the
records. goods are transferred to another
conveyance.
LIABILITY OF DUTY ON GOODS TRANSITED UNDER SECTION 53 OR

TRANSHIPPED UNDER SECTION 54 [SECTION 55]
Where any goods are allowed to be transited under section 53 or

transhipped under section 54(3) (transhipment within India) to any customs
station, they shall, on their arrival at such station, be liable to duty and shall
be entered in like manner as goods are entered on the first importation
thereof and the provisions of this Act and any rules and regulations shall, so
far as may be, apply in relation to such goods.
TRANSPORT OF CERTAIN CLASSES OF GOODS SUBJECT TO PRESCRIBED

CONDITIONS [SECTION 56]
The provisions of sections 53 and 54 apply only to goods imported at an
Indian customs port/airport and transmitted or transshipped to another
Indian customs port/airport. They do not cover transport by land from one
Indian land custom station to another Indian land customs station.
In the case of goods destined to foreign ports/airports/custom station, the
problem had been specifically faced in the case where imported goods meant
for Nepal landed at any Indian customs port/airport or land customs station.
Such goods had to be transported by road or rail to Indian land customs

GOODS
station along the Indo Nepal Border and thereafter crossed over to the
corresponding Nepalese customs station. Similarly, there was rail traffic
between West and East Pakistan before the latter was liberated and named
Bangladesh. The movement across the Indian territory was found to be faster
and cheaper compared to movement by sea around the Indian subcontinent.
Such a situation is dealt with by section 56 of the Customs Act.
Section 56 specifically provides that imported goods may be transported
without payment of duty from one land customs station to another, and any
goods may be transported from one part of India to another part through
any foreign territory, subject to such conditions as may be prescribed for
the due arrival of such goods at the place of destination.
In the first part, movement within Indian Territory is allowed without
payment of customs duty, for goods imported from outside India for
ultimate destination outside India.
In the second part, movement through foreign territory is allowed without
payment of customs duty, for goods starting from one part of India to
another part of India.
IMPORT AND EXPORT PROCEDURES
The brief description of Import and Export Procedures is given as under:
IMPORT PROCEDURES
The procedure for importation of goods by air, by sea, or by land has been
outlined below:-
(1) Landing/calling of aircraft/vessel: In case goods are imported by sea/air,
the goods shall be loaded in the vessel/aircraft in the exporting country and
sent to India. In case of import by land, the goods shall be sent in a vehicle
(rail or road vehicle).
When the vessel/aircraft carrying imported goods arrives in India, the
person-in-charge of such vessel/aircraft[master/pilot of the vessel/aircraft
respectively] entering into India from outside India shall allow
calling/landing of the vessel/aircraft only at the customs port/customs
airport unless otherwise permitted by CBIC.

5.64 CUSTOMS & FTP
(2) Delivery of import manifest/report: The person-in-charge of a

vessel/aircraft shall deliver to the proper officer an import manifest
[detailed information about goods in vessel/aircraft] by presenting the same
electronically before the arrival of the vessel/aircraft at the customs
port/customs airport. In case of import by land, the person-in-charge of the
vehicle shall deliver to the proper officer an import report [detailed
information about goods in vehicle] within 12 hours of the arrival of vehicle
at the customs station.
(3) Grant of Entry Inwards to the master of the vessel/permission to
unload the goods: On receiving import manifest from the master of a
vessel, the proper officer shall grant Entry Inwards to the master. The
master of the vessel shall not permit the goods to be unloaded until the
order of Entry Inwards has been granted by the proper officer to such
vessel. Date of Entry Inwards is the date on which the customs department
is ready to supervise the unloading of cargo.
(4) Unloading of goods: Imported goods shall be unloaded:-
(a) only if mentioned in the import manifest/import report.
(b) only at the approved places in any customs port/customs airport.
(c) under the supervision of the proper officer.
(d) during working hours and shall not be unloaded on Sunday/on any
holiday.
(5) Unloaded goods to be in the custody of the Custodian until their
clearance: Once the imported goods have entered the customs area, they
shall remain in the custody of the Custodian[a person approved by the
Commissioner of Customs for this purpose]. If the imported goods are
pilfered after unloading in a customs area, while in the custody of the
Custodian, then the Custodian shall be liable to pay duty on such goods.
(6) Filing of entry for import i.e. Bill of Entry: The importer of any goods,
other than goods intended for transit or transhipment [provisions of goods
in transit/transhipment are discussed below in point (11)], shall file a Bill of
Entry electronically for clearance of goods from the custom station
port/airport.
In case the goods are to be cleared for home consumption, importer would
file Bill of Entry for home consumption. However, if the importer does not
need the goods immediately, he may request the goods to be warehoused.
In that case, an Into-Bond Bill of Entry (for warehousing) would be filed.

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When subsequently, the goods are to be cleared from warehouse for home
consumption, an Ex-Bond Bill of Entry is required to be filed.
(7) Timing of filing of Bill of Entry: Bill of entry may be presented before the
end of the day (including holidays) preceding the day on which the
aircraft/vessel/vehicle carrying the goods arrives at a customs station at
which such goods are to be cleared for home consumption or warehousing.
However, Board may, in such cases as it may deem fit, prescribe
different time limits for presentation of the bill of entry, which shall
not be later than the end of the day of such arrival.
Further, a bill of entry may be presented at any time not exceeding 30 days
prior to the expected arrival of the aircraft/vessel/vehicle by which the
goods have been shipped for importation into India.
(8) Assessment of duty on the imported goods: Assessment is the procedure
of quantifying the amount of liability. The importer will self-assess the duty
considering the applicable rate of exchange and rate of import duty. This self-
assessment is subject to verification by the proper officer of the Customs and
may lead to reassessment by such officer if the assessment made by the
importer is found to be incorrect. The proper officer shall return the Bill of
Entry to the importer after determination of the duty amount.
(9) Payment of duty: If the goods are cleared to be stored in a warehouse,
payment of duty is deferred till the time of clearance from such warehouse.
However, in case the goods are cleared for home consumption, customs duty
has to be paid. The benefit of deferred payment of duty has also been permitted
in respect of certain class of importers (discussed in preceding paragraphs).
The importer has to pay the duty within the prescribed time-limit as discussed
under section 47. In case he fails to do so, he is required to pay interest on the
duty till the time he actually pays the duty and clears the goods.
(10) Maximum Time for clearance of imported goods from the custom
station: The goods lying under the custody of the custodian have to be
cleared either for home consumption or for warehousing or for
transhipment within 30 days (or such extended time as the proper officer
may allow) from the date of unloading of goods at the customs station.
Otherwise, the goods would be subject to auction by the person having
custody thereof as per section 48 of the Customs Act. 1962
Note: There are separate import procedures for import of baggage and import
by post.

5.66 CUSTOMS & FTP
The brief procedure for import of goods has been depicted in the givn
diagram:-
Goods arrived at the Indian customs station
Import manifest/report (delivered by Person-in-charge to Proper

Officer)
Entry Inwards (granted by Proper Officer to Person-in-charge)
• under the supervision of

Unloading of goods at Proper Officer
the customs port
• at the approved places
• on working days at working
hours
Goods under the custody
of custodian
Electronic filing of Bill

(filed by importer with Proper Officer)
of Entry
For home consumption For transhipment For warehousing

(without payment of duty)
Payment of duty self- Bill of Entry filed for

assessed home consumption
Order for clearance for home-

consumption

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EXPORT PROCEDURES
The procedure for exportation of goods by air, by sea or by land has been
outlined below:-
(1) Filing of shipping bill/ bill of export: The exporter is required to present
electronicallyto a proper officer of customs a shipping bill[in case of export
by a vessel or by air] and a bill of export[in case of export by a vehicle].
An exporter entering any export goods self-assesses and pays the duty, if
any, leviable on such goods subject to verification by the proper officer.
(2) Order permitting clearance and loading of goods for exportation:
Where the proper officer is satisfied that:
♦ goods entered for export are NOT prohibited goods and
♦ exporter has paid duty, if any, on them,
he passes order permitting clearance and loading of goods for exportation
called ‘Let Export Order’.
(3) Grant of Entry Outwards: A vessel intending to start loading of export
goods must be first granted an ‘Entry Outwards’ by the proper officer. The
master of a vessel shall not permit the loading of any export goods, until
the proper officer grants entry-outwards to such vessel.
Note: Entry outwards is the permission granted by the Customs authorities to
a vessel to go on a foreign voyage to the port of consignment.
(4) Loading of goods on conveyance for exportation: The export goods shall
be loaded on the conveyance for exportation with the permission of person-
in-charge. He shall not permit the loading at a customs station unless a
shipping bill/bill of export/bill of transhipment, as the case may be, duly
passed by the proper officer, has been handed over to him by the exporter.
Note:In case of goods exported in a vessel, grant of entry outwards is also
mandatory requirement before loading of goods.
(5) Delivery of export manifest/report: The person-in-charge of a
conveyance carrying export goods shall, before departure of the
conveyance from a customs station, deliver to the proper officer in the case
of a vessel or aircraft, an export manifest electronically, and in the case of a
vehicle, an export report.

5.68 CUSTOMS & FTP
(6) No conveyance to leave without written order: The person-in-charge of a

conveyance which has loaded any export goods at a customs station shall
not cause or permit the conveyance to depart from that customs station
until a written order to that effect has been given by the proper officer.
Note: There are separate export procedures prescribed for export of baggage and
export by post.
The brief procedure for export of goods has been depicted in the diagram
below:-
Shipping Bill/ Bill of Export filed

electronically 1
Exporter
grants written order permitting the

conveyance to leave customs
Proper Officer
delivers Export
Exportpassed by PO
(PO)
Shipping Bill/Bill of
manifest/report
Handing over of
Grant of Entry
outwards (in case
of export by
7 6 vessel) If duty is payable, it is
assessed and paid
4
If PO is satisfied that: 2
4
-goods entered for export are NOT
Person-in-charge of prohibited goods
conveyance
-Exporter has paid duty, IF ANY, on them
5
PO passes order permitting
Goods are loaded on clearance and loading of
conveyance for export with the goods for exportation
permission of Person-in-charge 3

GOODS
TEST YOUR KNOWLEDGE

Note: The rates of duties, wherever mentioned in the
illustrations/questions/examples may not always be the actual rate prevalent
during the period in question. They may be hypothetical rates assumed to explain
the provisions of law with more clarity.
1. ‘Queen Marry’, is a vessel containing the goods imported by XML Ltd. The
events relating to its entry into India and the discharge and onward
movement and storage of the goods are as follows.
24th May Vessel entered the Indian territorial waters.
25th May Import manifest was delivered to the customs authorities
27th May XML Ltd filed bill of entry for the goods
29th May Entry inwards granted to the vessel
The rate of customs duty on the goods was increased from 8% to 10% on
28th May.
At what rate should XML Ltd. pay the customs duty on the goods imported by
it?
2. Write a brief note on self-assessment in customs under the Customs Act,

1962.
3. State briefly the provisions of the Customs Act, 1962 relating to payment of
interest in case of provisional assessment.
4 What is meant by ‘boat notes’?
5. Discuss the provisions regarding transit of goods and transhipment of goods

without payment of duty under the Customs Act.
6. Explain in brief the duty exemption to baggage under section 79(1) of the
Customs Act, 1962.
7. What is the relevant date for determining the rate of duty and tariff valuation
in respect of goods imported/exported by post?

5.70 CUSTOMS & FTP
8. Explain the obligation cast on person-in-charge on arrival of vessels or

aircrafts in India under section 29 of the Customs Act, 1962.
9. Explain briefly the meaning of entry inwards and entry outwards with
reference to the customs law.
10. Which class of importers is required to pay customs duty electronically? Name
the dedicated payment gateway set up by the Board (CBIC) to use e-payment
facility easily by an importer.
11. Mr. Anil and his wife (non-tourist Indian passengers) are returning from
Dubai to India after staying there for a period of two years. They wish to bring
gold jewellery purchased from Dubai. Please enumerate provisions of
customs laws for jewellery allowance in their case.
12. Can the customs audit cover a person who is not an exporter or importer?
13. A fishing trawler is operating 10 nautical miles from the baseline. Is it

entitled to duty-free stores?
14. What are the circumstances under which assessment is done provisionally
under section 18?
15. State the provisions of transhipment of goods without payment of duty under
section 54 of the Customs Act, 1962.
16. Explain the procedure prescribed in Customs Act, 1962 in case of goods not
cleared, warehoused or transhipped within 30 days after unloading.
17. Write short notes on:
(a) Export general manifest
(b) Boat note (or restriction on goods being water borne)
18. Discuss briefly:
(a) Temporary detention of baggage
(b) Relevant date for rate of duty and tariff valuation in respect of goods
imported and exported by post
19. What is the permissible time limit with respect to the following- :
(i) for filing a bill of entry

GOODS
(ii) for paying the assessed duty
(iii) for delivery of arrival manifest or import manifest/report and departure

manifest or export manifest/report
20. State in brief the provisions of the Customs Act, 1962 relating to filing of
“Arrival manifest or import manifest/ Report”.
21. Write a brief note on the declaration made by the owner of baggage.
22. State and summarise the provisions and procedure in the Customs Act, 1962
governing preparation and filing of a bill of entry.
23. Under what situations the amount of duty and interest refundable under
section 18 of the Customs Act, 1962 shall be paid to the importer/exporter
instead of being credited to the Consumer Welfare Fund?
24. State the procedure for clearance of goods imported by post.
25. Briefly explain the following with reference to the provisions of the Customs
Act, 1962:
(i) Bill of export
(ii) Import report
(iii) Imported goods
(iv) Entry
(v) Prohibited goods
(vi) Customs port
(vii) Goods
(viii) Stores
(ix) Conveyance
(x) Dutiable goods
(xi) Customs area
(xii) Adjudicating Authority

5.72 CUSTOMS & FTP
(xiii) Foreign going vessel or aircraft
(xiv) Assessment
26. With reference to the facility, ‘Clear first-Pay later’ extended to importers
under the customs law, answer the following questions:
(i) What is the objective of the facility?
(ii) Who is eligible to avail this scheme?
(iii) What are the due dates for payment of duty under this facility?
(iv) What are the circumstances when the deferred payment facility will not
be available?
27. Gregory Peg of foreign origin has come on travel visa, to tour in India. He
carries with him, as part of baggage, the following:
Particulars Value in `
Travel Souvenir 85,000
Other articles carried on in person 1,50,000
120 sticks of cigarettes of `100 each 12,000
Fire arm with 100 cartridges (value includes the value 1,00,000
of cartridges at @ ` 500 per cartridge).
Determine customs duty payable, if the effective rate of customs duty is

38.50% inclusive of social welfare surcharge, with short explanations where
required. Ignore Agriculture infrastructure and development cess.
28 An importer filed a bill of entry after 60 days of filing Import General
Manifest. The Deputy Commissioner of Customs imposed a penalty of `
10,000 for late filing of the bill of entry. Since, importer wanted to clear the
goods urgently, he paid the penalty. Can penalty be imposed for late filing of
the bill of entry? Can bill of entry be filed in advance? Examine the issue
regarding period available for filing bill of entry in the light of relevant
statutory provisions?

GOODS
29. Laxmi Company imported goods valued at ` 10,00,000 vide a Bill of Entry
presented before the proper officer on 15thDecember, 2020, on which date the
rate of customs duty was 20%. The proper officer decided that the goods
should be subject to chemical or other test and therefore, the same were
provisionally assessed at a value of ` 10,00,000 and Laxmi company paid
provisional duty of ` 2,00,000 on the same date. Laxmi Company wants to
voluntarily pay duty of ` 1,50,000 on 20th January, 2021.
(1) Can Laxmi Company provisionally pay the duty and what are the
conditions which are to be complied before such payment is made?
(2) Determine the amount of interest payable, if any, under section 18 of
the Customs Act, 1962 assuming that the payment of ` 1,50,000 as
stated above is made on 20th January, 2021 and that the final duty is
assessed on 31st January, 2021 at ` 4,00,000 and the balance duty is
paid on the same day.
30. After visiting USA for a month, Mrs. and Mr. Iyer (Indian residents aged 35
and 40 years respectively) brought to India a laptop computer valued at
` 70,000, used personal effects valued ` 1,40,000 and a personal computer for
` 58,000.
Calculate the custom duty payable by Mrs. & Mr. Iyer, if any. Ignore
Agriculture infrastructure and development cess.
31. Mrs. X, an Indian resident (36 years old) who was on a visit to China, returned
after 6 months. She was carrying with her the following items:
(i) Personal effects ` 75,000
(ii) Laptop computer ` 60,000
(iii) Jewellery - 25 grams (purchased in China) ` 75,000
(iv) Music system ` 50,000
Compute the customs duty payable by Mrs. X with reference to the Baggage
Rules, 2016. Ignore Agriculture infrastructure and development cess.

5.74 CUSTOMS & FTP
ANSWERS/HINTS
1. Rate of duty will be 10%, because the bill of entry is deemed to have been
filed on the date of entry inward though it was actually filed before the rate
of duty increased.
2. Refer section 17.
3. Interest is payable from the first day of the month in which the provisional
assessment began. Refer section 18.
4. Boat notes are issued to cover transport of cargo to or from vessels that
cannot come into the port. Refer ‘Restrictions on goods being water-borne’.
(section 35)
5. Refer sections 53 and 54.
6. Refer section 79 and Baggage Rules.
7. Refer Section 83.
8. Vessel / aircraft must call or land only at a notified customs port or airport,
unless otherwise permitted, and except in an emergency. Refer section 29 of
the Customs Act.
9. Entry inwards is permission to begin unloading of the imported goods, and

entry outwards is permission to begin loading of export goods. Refer
section 31 and section 39.
10. Authorised economic operators and those importers who are paying
` 10,000 or more per bill of entry. They will pay through ICEGATE. Refer para
“Mandatory E-payment of duty”.
11. As per rule 5 of the Baggage Rules, 2016, a passenger who has been
residing abroad for more than one year and returns to India shall be
allowed duty free clearance of jewellery in bona fide baggage as under:
• Jewellery upto a weight of 20 grams with a value cap of ` 50,000 for a

gentlemen passenger
• Jewellery upto a weight of 40 grams with a value cap of ` 1,00,000 for

a lady passenger

GOODS
Thus, in the given case, Mr. Anil would be allowed duty free jewellery
upto a weight of 20 grams with a value cap of ` 50,000 and his wife
would be allowed duty free jewellery upto a weight of 40 grams with a
value cap of `1,00,000.
Further, in addition to the jewellery allowance, Mr. Anil and his wife
would also be allowed duty free clearance of jewellery worth
`1,00,000 (`50,000 per person) as part of free baggage allowance.
12. Yes, persons dealing with the goods can also be audited.Refer section 99A
and related regulations.
13. No. Refer definitions of Foreign going vessel and ‘India’.
14. Refer provisional assessment of duty under para 5.
15. Refer transit and transhipment of goods under para 11.
16. Refer section 48: The goods can be auctioned.
17. (a) EGM: Refer section 41;(b) boat note: Refer section 35
18. (a) Refer section 80 (b) Refer section 83
19. (i) Refer section 46: 30 days prior to arrival, & not later than the end of the
day of arrival. (ii) Refer section 47: day of filing bill of entry (self-
assessment) or within a day of receiving re-assessed bill of entry. (iii)
Refer section 30: import manifest: before arrival; import report: within 12
hours of arrival of conveyance at customs station; section 41: departure
or export manifest / report: before departure of conveyance.
20. Refer section 30
21. Refer section 77 read with Baggage Declaration Regulations 2013
22. Refer section 46 read with Bill of Entry (Integrated Declaration & Paperless
Processing) Regulations 2018.
25. Refer para 3

5.76 CUSTOMS & FTP
26 (i) ‘Clear first-Pay later’ i.e., deferred duty payment is a mechanism for
delinking duty payment and customs clearance. The aim is to have a
seamless wharf to warehouse transit in order to facilitate just-in-time
manufacturing.
(ii) Central Government has permitted importers certified under

Authorized Economic Operator programme as AEO (Tier-Two) and
AEO (Tier-Three) to make deferred payment of import duty (eligible
importers).
As a part of the ease of doing business focus of the Government of

India, the CBEC has rolled out the AEO (Authorized Economic
Operator) programme.
It is a trade facilitation move wherein benefits are extended to the

entities who have demonstrated strong internal control systems and
willingness to comply with the laws administered by the CBEC.
(iii) The due dates for payment of deferred duty are -
S. No. Goods corresponding Due date of payment of

to bill of entry returned duty, inclusive of the
for payment from period (excluding holidays)
as mentioned in section
47(2)
1. 1st day to 15th day of any 16th day of that month

month
2. 16th day till the last day 1st day of the following
of any month other than month
March
3. 16th day till the 31st day 31st March

of March
(iv) If there is default in payment of duty by due date more than once in
three consecutive months, the facility of deferred payment will not be
allowed unless the duty with interest has been paid in full.

GOODS
The benefit of deferred payment of duty will not be available in respect of

the goods which have not been assessed or not declared by the importer in
the bill of entry.
27. As per rule 3 of Baggage Rules, 2016, tourist of foreign origin, excluding
infant, is allowed duty free clearance of
(i) travel souvenirs; and
(ii) Articles up to the value of ` 15,000 (excluding inter alia fire arms,
cartridges of fire arms exceeding 50 and cigarettes exceeding 100
sticks), if carried on in person.
Computation of customs duty payable `
Travel souvenir Nil
Articles carried on in person 1,50,000
Cigarettes [100 sticks can be accommodated in General Free 10,000

Allowance (GFA)]
Fire arms cartridge (50 cartridges can be accommodated in 25,000

GFA)
Baggage than can be accommodated in GFA 1,85,000
Less: GFA 15,000
Baggage on which duty is payable 1,70,000
Duty payable @ 38.50% (including 10% Social welfare 65,450

surcharge)
Note: Fire arms, cartridges of firearms exceeding 50 and cigarettes

exceeding 100 sticks are not chargeable to rate applicable to baggage
[Notification No. 26/2016 Cus. dated 31.03.2016]. These items are charged
@ 100% applicable to baggage under Heading 9803 of the Customs Tariff.

5.78 CUSTOMS & FTP
28. Yes, charges are payable for late filing of bill of entry if an importer fails to
present the bill of entry before the end of the day (including holidays)
preceding the day on which the aircraft/vessel/vehicle carrying the goods
arrives at a customs station at which such goods are to be cleared for home
consumption or warehousing, and the proper officer is satisfied that there
was no sufficient cause for such delay [Section 46(3) of the Customs Act,
1962]. However, the Board may, in such cases as it may deem fit,
prescribe different time limits for presentation of the bill of entry,
which shall not be later than the end of the day of such arrival.
Yes, a bill of entry can be filed in advance. It can be presented within 30
days of the expected arrival of the aircraft/vessel/vehicle by which the
goods have been shipped for importation into India vide proviso to section
46(3) of the Customs Act, 1962.
In the given case also, the time period as described above will be available -
with reference to the date of arrival of vessel/aircraft - for filing the bill of
entry.
29. (1) Provisional assessment of duty is permitted in case where the proper
officer deems it necessary to subject any imported goods or export
goods to any chemical or other test [Section 18 of the Customs Act,
1962]. Thus, Laxmi Company can pay the duty on provisional basis.
Before, the provisional assessment of duty, the importer must furnish
such security as the proper officer deems fit for the payment of the
deficiency, if any, between the duty finally assessed/re-assessed and
the duty provisionally assessed.
(2) Section 18 of the Customs Act, 1962 further stipulates that the
importer is liable to pay interest, on any amount payable consequent
to the final assessment order @ 15% p.a. from the first day of the
month in which the duty is provisionally assessed till the date of
payment thereof.
Accordingly, amount of interest payable will be

= [` 1,50,000 x 15% x 51/365] + [` 50,000 x 15% x 62/365]
= ` 3,144 + ` 1,274 = ` 4,418

GOODS
30. (1) As per the Baggage Rules, 2016, an Indian resident arriving from a
country other than Nepal, Bhutan, or Myanmar,is allowed duty free
clearance of-
(i) Used personal effects and travel souvenirs without any value limit.
(ii) Articles [other than certain specified articles] up to a value of
` 50,000 carried as accompanied baggage [General duty free
baggage allowance].
(iii) Further, such general duty free baggage allowance of a passenger
cannot be pooled with the general duty free baggage allowance of
any other passenger.
(2) One laptop computer when imported into India by a passenger of the
age of 18 years or above (other than member of crew) is exempt from
whole of the customs duty [Notification No. 11/2004 Cus. dated
08.01.2004].
(3) (i) Accordingly, there will be no customs duty on used personal
effects(worth ` 1,40,000) of Mrs. and Mr. Iyer and laptop computer
brought by them will be exempt from duty.
(ii) Duty payable on personal computer after exhausting the duty free
baggage allowance will be `58,000 – ` 50,000 = ` 8,000.
(iii) Effective rate of duty for baggage =38.50% [including Social
Welfare Surcharge]
(iv) Therefore, total customs duty = ` 3,080.
31. Computation of customs duty payable by Mrs. X
Particulars `
Personal effects Nil
[Duty free clearance is allowed]
Laptop computer Nil

5.80 CUSTOMS & FTP
[One laptop computer is exempt when imported into India by

a passenger ≥ 18 years of age]
Jewellery 75,000
[Duty free jewellery allowance is not available to Mrs. X since

she did not reside abroad for more than 1 year]
Music system 50,000
Total value 1,25,000
Less: General duty free baggage allowance of ` 50,000

50,000
Value of baggage liable to customs duty 75,000
Rate of Duty 38.50%
Customs duty @ 38.50% (including social welfare 28,875

surcharge)

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5

After studying this chapter, you would be able to:

© The Institute of Chartered Accountants of India

3. DEFINITIONS OF IMPORTANT TERMS

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© The Institute of Chartered Accountants of India

Bill of export [Section 2(5)]: means a bill of export referred to in section

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© The Institute of Chartered Accountants of India

The definition of imports is not restricted only to commercial imports. It

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S.No. In relation Person-in-charge means

1. vessel the master of the vessel

2. aircraft the commander or the pilot-in-charge of the

3. railway the conductor, guard or other person having the

4. any other the driver or other person-in-charge of the

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ARRIVAL OF VESSELS AND AIRCRAFTS IN INDIA [SECTION 29]

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vessel or aircraft. However, the goods can be removed, or the passengers

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Particulars Import Time limit for Mode of

Where the imported Import Report Within twelve Manual filing

*Note: In cases where it is not feasible to deliver arrival manifest or import

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PASSENGER AND CREW ARRIVAL MANIFEST AND PASSENGER NAME

IMPORTED GOODS NOT TO BE UNLOADED FROM VESSEL UNTIL

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© The Institute of Chartered Accountants of India

RESTRICTIONS ON GOODS BEING WATER-BORNE [SECTION 35]

5. PROCEDURE FOR CLEARANCE OF IMPORTED

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RESTRICTIONS ON CUSTODY AND REMOVAL OF IMPORTED GOODS

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© The Institute of Chartered Accountants of India

FILING OF IMPORT BILL OF ENTRY [SECTION 46]

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© The Institute of Chartered Accountants of India

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(d) Speaking order for re-assessment to be passed unless the importer

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Provisional assessment is allowed both in respect of imports as well as exports.

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© The Institute of Chartered Accountants of India

Such information or documents would be made available by the importer

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However, where the documents or information required to be furnished by

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© The Institute of Chartered Accountants of India

Refund for the 2nd consignment ` 4,20,000

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In the 2018 Regulations, ‘auditee’ is defined in 2(c) to mean “a person who is

TYPES OF AUDIT-TRANSACTION BASED AUDIT (TBA) AND PREMISE

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Selection criteria for audit:

[Circular No. 02/2019-Cus dated 08.01.2019]

CLEARANCE OF GOODS [SECTION 47]

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