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Custom law: introduction levy and collection, taxable event

Introduction to Customs Duties

1. Types of Customs Duties

  • Basic Customs Duty (BCD)
    • Definition: A fundamental tax levied on all imported goods.
    • Application: Calculated based on the customs value of the goods, which includes the cost, insurance, and freight (CIF) value.
    • Purpose: To generate revenue and to protect domestic industries by making imported goods more expensive.
  • Countervailing Duty (CVD)
    • Definition: A duty imposed to counterbalance the impact of domestic taxes (like sales tax or VAT) that are not applied to imported goods.
    • Application: Ensures that imported goods are taxed at a level comparable to domestic goods, preventing an unfair advantage.
    • Purpose: To level the playing field for domestic producers and prevent unfair competition.
  • Additional Customs Duty (Special CVD)
    • Definition: An extra duty charged in addition to BCD, aimed at equating the total tax on imported goods to that of domestically produced goods.
    • Application: Usually a percentage of the customs value, plus the BCD, ensuring that imported goods face the same overall tax burden as domestic goods.
    • Purpose: To protect domestic industries from competition by making imported goods equally taxed.
  • Protective Duty
    • Definition: A duty levied to shield domestic industries from foreign competition.
    • Application: Applied to specific products to safeguard local industries from being undermined by cheaper imports.
    • Purpose: To support and promote local industries by making imported goods more expensive.
  • Anti-dumping Duty
    • Definition: A duty imposed to prevent the sale of goods at prices lower than their fair value, which could harm domestic industries.
    • Application: Applied when it is determined that goods are being dumped in the importing country at unfairly low prices.
    • Purpose: To protect domestic producers from unfair pricing practices by foreign producers.
  • Education Cess
    • Definition: An additional charge on customs duties meant to fund educational programs.
    • Application: Calculated as a percentage of the total customs duty paid.
    • Purpose: To support educational initiatives and infrastructure through additional revenue.

2. Customs Duty Calculation

Customs duties can be computed in two main ways:

  • Specific Basis
    • Definition: Duty is calculated based on a fixed amount per unit of the good (e.g., per kilogram, per piece).
    • Application: Used when the duty amount is specified as a fixed value.
  • Ad Valorem Basis
    • Definition: Duty is calculated as a percentage of the value of the goods.
    • Application: Commonly used when the duty rate is a percentage of the customs value (cost, insurance, and freight).

Valuation Methods:

  • Comparative Value Method (Rule 4 & 5)
    • Definition: The value of imported goods is compared with the transaction value of identical or similar goods.
    • Application: Ensures fair valuation based on comparable goods.
  • Deductive Value Method (Rule 7)
    • Definition: The value is based on the sale price of the goods in the importing country.
    • Application: Used when identical goods are sold domestically at a different price.
  • Computed Value Method (Rule 8)
    • Definition: The value is determined based on the costs of production, materials, fabrication, and profit.
    • Application: Used when direct comparison is not possible.
  • Fallback Method (Rule 9)
    • Definition: A flexible method that uses the above methods with some adjustments.
    • Application: Employed when standard methods cannot be applied due to unique circumstances.

3. Payment of Customs Duty

Steps to Pay Customs Duty Online:

  • Login: Access the ICEGATE e-payment portal, the official platform for customs transactions.
  • Enter Details: Input the import/export code or login credentials provided by ICEGATE.
  • Select Challan: Choose the e-challan you need to pay.
  • Payment: Select your payment method (credit card, debit card, net banking) and complete the transaction.
  • Confirmation: After payment, you will be redirected back to ICEGATE to print or save the payment receipt.

4. e-SANCHIT

  • Definition: A digital platform launched by the CBIC for the online submission of customs-related documents.
  • Implementation: Mandatory since March 15th, 2020.
  • Functionality:
    • Allows registered users to upload documents online.
    • Eliminates the need to produce hard copies to customs officers.
    • Aims to reduce physical interactions and expedite clearance processes.
  • Benefits: Enhances efficiency, reduces paperwork, and speeds up customs processing by utilizing electronic documentation.

These details outline the customs duties framework, calculation methods, payment procedures, and recent digital reforms to streamline customs operations.

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