Section 15 of Customs Act
Import Cases
|
Case |
Rate of duty and tariff valuation as on |
|
Goods entered into home consumption |
Date of presentation of Bill of Entry Or Date of entry inwards Which ever is later |
|
Goods Entered into Warehousing |
Date of presentation of Bill of entry for home consumption(Bill of entry filed when goods are finaly cleared from warehouse) |
|
Any other goods |
Date of payment of duty |
Section 16
In case of Export, following dates are taken
|
In case of |
Rate of duty and tariff valuation as on |
|
Goods entered for export |
Date on w hich t he proper o ff icer makes an orde r per m itting clearan c e and loadin g of the goo d s for exportation
|
|
Any other goods |
Date of payment of duty |
Note:- The above rules are not applicable in case of
- Goods imported by Post
- Goods imported by Baggage
Exam Questions
Question 7
Nanak Enterprises imported machinery from USA in an aircraft. The bill of entry was
presented on 05.06.20XX and the aircraft arrived in India on 15.06.20XX. The rate of import
duty on the respective dates was as follows:-
| Particulars | Date | Rate of customs duty |
| Date of bill of entry | 05.06.20XX | 10% |
| Date of arrival of aircraft | 15.06.20XX | 11% |
Determine the rate of import duty applicable in the given case.
View Answer
In case the goods have been imported in an aircraft, the rate of duty shall be the rate in force
on:-
(i) the date on which Bill of Entry in respect of such clearance is presented
or
(ii) the date on which arrival of aircraft takes place
whichever is later.
Therefore, the relevant date for determination of the rate of import duty , in the given case, is
15.06.20XX. Hence, the rate of import duty applicable in the given case is 11%.
Question 11
Trident Enterprises imported goods from Bangladesh in a vehicle. Determine the rate of
import duty to be considered for computation of import duty from the following information: -
| Particulars | Date | Rate of customs duty |
| Date of filing of Bill of Entry | 15.09.20XX | 10% |
| Date of arrival of vehicle | 20.09.20XX | 12% |
| Date on which goods were allowed to be cleared from the land customs station | 28.09.20XX | 11% |
| Date of payment of the value of the goods imported | 30.09.20XX | 8% |
Section 15 of the Customs Act, 1962 provides that in case the goods have been imported in a
vehicle, the rate of duty shall be the rate in force on: -
(i) the date on which Bill of Entry is presented
or
(ii) the date on which arrival of vehicle takes place
whichever is later.
Therefore, the relevant date for determination of the rate of import duty, in the given case, is
20.09.20XX. Hence, the rate of import duty applicable in the given case is 12%.
