Icai Customs

Customs-Question Bank
(CA Final, CMA Final and CS Professional )

Introduction & Levy Of Customs Duty And Exemption Under Custom Duty
Date For Determination Of Duty Rate And Tariff Value, Assessment And Types Of Duties
Importation, Exportation And Transportation Of Goods
Valuation Under Customs Act, 1962
Baggage Under Customs
Warehousing
Duty Drawback
Demand, Recovery And Refund
Appeals And Revision
Provision Relating To Illegal Import, Illegal Export, Confiscation, Penalty & Allied Provision
Settlement Commission
Advance Ruling
CA. Yachana Mutha

CA,DISA
Index
Sr.No Chapters Page No.
1. Introduction & Levy Of Customs Duty And Exemption 1.1 - 1.11

Under Custom Duty
2. Date For Determination Of Duty Rate And Tariff 2.1 - 2.16

Value,
Assessment And Types Of Duties
3. Importation, Exportation And Transportation Of Goods 3.1 - 3.14
4. Valuation Under Customs Act, 1962 4.1 - 4.24
5. Baggage Under Customs 5.1 - 5.7
6. Warehousing 6.1 - 6.13
7. Duty Drawback 7.1 - 7.14
8. Demand, Recovery And Refund 8.1 - 8.3
9. Appeals And Revision 9.1 - 9.5
10 Provision Relating To Illegal Import, Illegal Export, 10.1 - 10.10

Confiscation, Penalty & Allied Provision
11 Settlement Commission and Advance Ruling 11.1 - 11.5

Chapter 1 – Introduction & Levy of Customs Duty and Exemptions under Custom Duty
Exercise Questions & Answers
Q 1. A machine was originally imported from Japan at Rs. 250 lakh in July, 20XX on payment of all
duties of customs. The said machine was exported (sent-back) to supplier for repairs in December,
20XX and re-imported without any re-manufacturing or re-processing in October next year after
repairs. Since the machine was under warranty period, the repairs were carried out free of cost.
However, the fair cost of repairs carried out (including cost of material Rs. 6 lakh) would have been
Rs. 9 lakh. Actual insurance and freight charges (to and fro) were Rs. 3 lakh. The rate of basic
customs duty is 10% and integrated tax is 12%. Ignore GST compensation cess. Compute the
amount of customs duty payable (if any) on re-import of the machine after repairs. The ownership
of the machine has not been changed during the period.
Note: The importer intends to avail exemption, if any, with regard to re- importation of goods which
had been exported for repairs abroad.
Ans: As per Notification No. 46/2017 Cus. dated 30.06.2017, duty payable on re- importation of goods
which had been exported for repairs abroad is the duty of customs which would be leviable if the
value of re-imported goods after repairs were made up of the fair cost of repairs carried out including
cost of materials used in repairs (whether such costs are actually incurred or not), insurance and
freight charges, both ways. However, following conditions need to be satisfied for availing this
concession:
(a) goods must be re-imported within 3 years, extendable by further 2 years, after their exportation;
(b) exported goods and the re-imported goods must be the same;
(c) ownership of the goods should not change.

Since all the conditions specified above are fulfilled in the given case, the customs duty payable on
re-imported goods will be computed as under:
Particulars Amount
Value of goods re-imported after exports [Rs. 9 lakh (including cost of materials) +
1200000
Rs. 3 lakh]
Add: Basic customs duty @ 10% (A) 120000
Add: Social Welfare Surcharge @ 10% on Rs. 1,20,000
12000
(B)
Value for computing integrated tax under section 3(7) of Customs Tariff Act, 1975 1332000
Integrated tax @ 12% (` 13,32,000 x 12%) - C 1,59,840
Customs duty and integrated tax payable [(A) +(B)+ (C)] 2,91,840
CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 1

Q 2. What are the provisions relating to effective date of notifications issued under section 25 of the
Customs Act, 1962?
Ans: Date of effect of every notification issued will be the date of its issue by the Central Government
for publication in the Official Gazette, unless provided otherwise in the notification. Issue means
signed by competent authority and sent for publication to Government press. The provision is made
as there may be delay of one or two days in publishing in Gazette e.g. if the notification is issued on
2nd November and published in Official Gazette on 4th November, the notification will be effective
from 2nd November. The above rules do not apply to exemptions granted through special orders.
Special orders are issued separately for each case and communicated to the beneficiary directly by
the Government.
Q 3. ASC Ltd. entered in to technical collaboration with MSC Ltd. of Netherlands and imported drawings
and designs in paper form through professional courier and post parcels. ASC Ltd. declared the value
of these drawings and designs at a very nominal value. However, the Assistant Commissioner of
Customs valued these drawings and designs at intrinsic value and levied duty on them. ASC Ltd.
contended that customs duty cannot be levied on drawings and designs as they do not fall in the
definition of goods under the Customs Act, 1962.
Do you feel the stand taken by the ASC Ltd. is tenable in law? Support your answer with a decided
case law, if any.
Ans: This issue has been settled by the Supreme Court in the case of Associated Cement Companies
Ltd. v. CC 2001 (128) ELT 21 (SC). The Apex Court observed that though technical advice or
information technology are intangible assets, but the moment they are put on a media, whether
paper or cassettes or diskettes or any other thing, they become movable and are thus, goods.
Therefore, the Supreme Court held that drawings, designs, manuals and technical material are goods
liable to customs duty. Therefore, the stand taken by the ASC Ltd. is not correct in law.
Q 4. An importer imported certain inputs for manufacture of final product. A small portion of the
imported inputs were damaged in transit and could not be used in the manufacture of the final
product. An exemption notification was in force providing exemption in respect of specified raw
materials imported into India for use in manufacture of specified goods, which was applicable to the
imports made by the importer in the present case. Briefly examine whether the importer could claim
the benefit of the aforesaid notification in respect of the entire lot of the inputs imported including
those that were damaged in transit.
Ans: The facts of the case are similar to the case of BPL Display Devices Ltd. v. CCEx., Ghaziabad
(2004) 174 ELT 5 (SC) wherein the Supreme Court has held that the benefit of the notifications
cannot be denied in respect of goods which are intended for use for manufacture of the final
product but cannot be so used due to shortage or leakage.
The Apex Court has held that no material distinction can be drawn between loss on account of
leakage and loss on account of damage. The benefit of said exemption cannot be denied as inputs

were intended for use in the manufacture of final product but could not be so used due to
shortage/leakage/damage. It has been clarified by the Supreme Court that words “for use” have
to be construed to mean “intended for use”. Therefore, the importer can claim the benefit of the
notification in respect of the entire lot of the inputs imported including those that were damaged in
transit.
Q 5. M/s. Pure Energy Ltd. is engaged in oil exploration and has imported software containing seismic
data. The importer is entitled to exemption from customs duty subject to the condition that an
“essentiality certificate” granted by the Director General of Hydrocarbons is produced at the time
of importation of the goods. Though the importer applied for the certificate within the statutory
time limit prescribed for the same, the certificate was not made available to the importer within a
reasonable time by the Director General of Hydrocarbons. The customs department rejected the
importer’s claim for exemption.
Ans: This issue has been addressed by the Supreme Court in the case of Commissioner of Customs v.
Tullow India Operations Ltd. (2005) 189 ELT 401 (SC). The Apex Court has observed that if a
condition is not within the power and control of the importer and depends upon the acts of public
functionaries, non-compliance of such a condition, subject to just exceptions cannot be held to be a
condition precedent which would disable it from obtaining the benefit for all times to come. In the
given case also the certificate has not been granted within a reasonable time. Therefore, in view of
the above-mentioned judgement, the importer M/s Pure Energy Ltd. cannot be blamed for the
lapse by the authorities. The Directorate General of Hydrocarbons is under the Ministry of
Petroleum and Natural Gas and such a public functionary is supposed to grant the essentiality
certificate within a reasonable time so as to enable the importer to avail of the benefits under the
notification.
Q 6. Lucrative Laminates imported resin impregnated paper and plywood for the purpose of manufacture
of furniture. The said goods were warehoused from the date of its import. Lucrative Laminates
sought an extension of the warehousing period which was granted by the authorities. However, even
after the expiry of the said date, it did not remove the goods from the warehouse. Subsequently,
Lucrative Laminates applied for remission of duty under section 23 of the Customs Act, 1962 on
the ground that the said goods had lost their shelf life and had become unfit for use on account of
non- availability of orders for clearance. Explain, with the help of a decided case law, if any,
whether the application for remission of duty filed by the Lucrative Laminates is valid in law?
Ans: No, the application for remission of duty filed by the Lucrative Laminates is not valid in law. The
facts of the given case are similar to the case of CCE v. Decorative Laminates (I) Pvt. Ltd. 2010
(257) E.L.T. 61 (Kar.). The High Court, while interpreting section 23, stipulated that section 23
states that only when the imported goods have been lost or destroyed at any time before clearance
for home consumption, the application for remission of duty can be considered. Further, even before
an order for clearance of goods for home consumption is made, relinquishing of title to the goods

can be made; in such event also, an importer would not be liable to pay duty. Therefore, the
expression “at any time before clearance for home consumption” would mean the time period as per
the initial order during which the goods are warehoused or before the expiry of the extended date
for clearance and not any period after the lapse of the aforesaid periods. The said expression
cannot extend to a period after the lapse of the extended period merely because the licence holder
has not cleared the goods within the stipulated time. Moreover, since in the given case, the goods
continued to be in the warehouse, even after the expiry of the warehousing period, it would be a
case of goods improperly removed from the warehouse as per section 72(1)(b) read with section 71.
The High Court, overruling the decision of the Tribunal, held that the circumstances made out under
section 23 were not applicable to the present case since the destruction of the goods or loss of the
goods had not occurred before the clearance for home consumption within the meaning of that
section. When the goods are not cleared within the period or extended period as given by the
authorities, their continuance in the warehouse will not attract section 23 of the Act. Further, in
Kesoram Rayon v. CC 1996 (86) ELT 464, the Supreme Court has held that goods which are not
removed from warehouse within the permissible period, are deemed to be improperly removed on the
day they ought to have been removed. In view of this decision, goods would be deemed to have
been removed when licensing period was over. Hence, section 23 would not be applicable as such
loss occured after ‘deemed removal’ of goods.
Q 7. Explain, with reference to decided case law, whether clearances from Domestic Tariff Area (DTA)
to Special Economic Zone is chargeable to export duty under the SEZ Act, 2005 or the Customs
Act, 1962.
Ans: In the case of Tirupati Udyog Ltd. v. UOI 2011 (272) E.L.T. 209 (A.P.), it is held that the
clearances of goods from DTA to Special Economic Zone are not chargeable to export duty either
under the SEZ Act, 2005 or under the Customs Act, 1962 on the basis of the following
observations:-
 The charging section needs to be construed strictly. If a person is not expressly brought within the
scope of the charging section, he cannot be taxed at all.
 SEZ Act does not contain any provision for levy and collection of export duty on goods supplied by
a DTA unit to a Unit in a Special Economic Zone for its authorised operations. Since there is no
charging provision in the SEZ Act providing for the levy of customs duty on such goods, export duty
cannot be levied on the DTA supplier.
 Reading section 12(1) of the Customs Act, 1962 along with sections 2(18), 2(23) and 2(27)
makes it apparent that customs duty can be levied only on goods imported into or exported beyond
the territorial waters of India.
Since both the SEZ unit and the DTA unit are located within the territorial waters of India, supplies
from DTA to SEZ would not attract section 12(1) [charging section for customs duty].
The above view has also been confirmed in Essar Steel v. UOI 2010 (249) ELT 3 (Guj.) wherein

the Departmental appeal has been dismissed by Supreme Court on 12.07.2010 - 2010 (255) ELT
A115.
Q 8. M/s. XYZ, a 100% export oriented undertaking (100% E.O.U. in short) imported DG sets and
furnace oil duty free for setting up captive power plant for its power requirements for export
production. This benefit was available vide an exemptions notification. They used the power so
generated for export production but sold surplus power in domestic tariff area. Customs
Department has demanded duty on DG sets and furnace oil as surplus power has been sold in
domestic tariff area. The notification does not specifically restrict the use of imported goods for
manufacture of export goods. Do you think the demand of the Customs Department is valid in law.
Ans: The facts of the case are similar to the case of Commissioner v. Hanil Era Textile Ltd. 2005 (180)
ELT A044 (SC) wherein the Supreme Court agreed to the view taken by the Tribunal that in the
absence of a restrictive clause in the notifications that imported goods are to be solely or
exclusively used for manufacture of goods for export, there is no violation of any condition of
notification, if surplus power generated due to unforeseen exigencies is sold in domestic tariff area.
Therefore, no duty can be demanded from M/s XYZ for selling the surplus power in domestic tariff
area for the following reasons:
(i) They have used the DG sets and furnace oil imported duty free for generation of power, and
(ii) such power generated has been used for manufacturing goods for export, and
(iii) only the surplus power has been sold, as power cannot be stored.
Q 9. Distinguish between Pilfered goods and Lost/destroyed goods

Ans:
Pilfered goods Lost/Destroyed goods
Covered by section 13 Covered by section 23(1)
No duty goods payable on such Duty paid on such goods to be remitted
Department gets compensation from the

No such compensation
custodian [Section 45(3)]
Loss/Destruction by fire, flood etc (Act of
Petty theft by human being
God)
Restoration possible Restoration is not possible
Occurrence is after unloading and before Occurrence is after unloading and before
Customs clearance order for home Customs clearance order for home consumption
consumption or warehousing or warehousing
Occurrence in warehouse not recognized Occurrence recognized in warehouse is

Duty should be calculated for determining the
Duty need not be calculated
remission amount
No need to prove pilferage. It is quite obvious Should be proved and remission sought for
Q 10. Goods manufactured or produced in India, which were earlier exported and thereafter imported into
India will be treated at par with other goods imported into India. Is the proposition correct or any
concession is provided on such import? Discuss briefly.
Ans: The given proposition is correct i.e., goods produced in India, which were earlier exported and
thereafter imported into India will be treated at par with other goods imported into India [Section
20 of the Customs Act, 1962]. However, the following concessions are being provided in this regard:
(i) Maximum import duty will be restricted to duty drawback or rebate availed or central excise duty
not paid at the time of export.
(ii) Where the goods were originally exported for repairs, the duty on re- importation is restricted to
the fair cost of repairs including cost of materials used in repairs whether such costs are actually
incurred or not, insurance and freight charges, both ways done abroad.
`The above two concessions are given subject to the condition that:
(a) the re-importation is done within 3 years or 5 years if time is extended.
(b) the exported goods and re-imported goods must be the same.
In case of point (ii) above, the ownership of the goods should also not have changed.
However, these concessions would not be applicable if-
 re-imported goods had been exported by EOU
 re-imported goods had been exported from a public/private warehouse
 the process of repairs to which the re-imported goods had been subjected to abroad amounts
to manufacture
(iii) When exported goods come back for repairs and re-export, the re- imported goods can avail
exemption from paying of import duty subject to the following conditions:
 the re-importation is for repairs only
 the time limit is 3 years. In case of Nepal, such time-limit is 10 years.
 the goods must be re-exported after repairs
 the time limit for export is 6 months (extendable to one year).

Q 11. Explain briefly with reference to the provisions of the Customs Act, 1962 regarding appointment of
officers of customs
Ans: Appointment of officers of customs:- Section 4(1) of the Customs Act, 1962 empowers the Central
Board of Excise and Customs (CBIC) to appoint such persons as it thinks fit to be officers of
customs.
Without prejudice to the provisions of sub-section (1), the Board may authorize a Principal Chief
Commissioner/ Chief Commissioner of Customs or a Principal Commissioner/ Commissioner of
Customs or a Joint or Assistant Commissioner of Customs or Deputy Commissioner of Customs to
appoint officers of customs below the rank of Assistant Commissioner of Customs [Section 4(2) of
the Customs Act, 1962].
Q 12. Briefly explain the powers of officers of Customs under section 5 of the Custom Act, 1962.
Ans: An officer of customs may exercise the powers and discharge the duties conferred or imposed on
him under this Act subject to such conditions and limitations as the Board may impose. He may
also exercise the powers and discharge the duties conferred or imposed under this Act on any other
officer of customs who is subordinate to him. However, a Commissioner (Appeals) shall not exercise
the powers and discharge the duties conferred or imposed on an officer of customs other than
those specified in Chapter XV (Appeals and Revision) and section 108 (power to summon persons
for giving evidence).
Q 13. With reference to section 6 of the Customs Act, 1962, examine briefly whether the Central
Government could entrust any functions of the Central Board of Excise and Customs or any officer
of Customs to any officer of any other department.
Ans: As per section 6 of the Customs Act, 1962, the Central Government may, by notification in the
Official Gazette, entrust either conditionally or unconditionally to any officer of the Central or the
State Government or a local authority any functions of the Board or any officers of customs under
this Act.

Chapter 1: Introduction & Levy of Custom Duty
Multiple Choice Questions
1. Customs duty shall be levied at such rates as may be prescribed under Customs Tariff Act, 1975, or
any other law in force on goods:
a. Imported into India by any person other than Government
b. Exported from India by any person other than Government
c. Imported into or exported from India by government
d. All of the above
Ans: d
2. The basic condition for levy of Customs Duty is:
a. There must be import or export of goods
b. There must be import or export of services
c. There must be import or export of goods or services or both
d. All of the above
Ans: a
3. As per Customs Act, 1962, Conveyance includes:
a. Vessel
b. Aircraft
c. Vehicle including railway vehicle

d. All of the above
Ans: d
4. As per section 2(3) of Customs Act, 1962, Baggage includes:-
a. Unaccompanied baggage
b. But does not include Motor Vehicles
c. Both a & b
d. None of the above
Ans: c
5. Territorial water of India extends upto:
a. 24 nautical miles into the sea from the appropriate base line
b. 24 nautical miles
c. 12 nautical miles into the sea from the appropriate base line
d. 12 nautical miles
Ans: c
6. In case of import of goods, taxable event occurs when:
a. Goods crosses the territorial water
b. Goods crosses the customs barrier
c. Goods goods have been dispatched by the supplier
d. Goods become the part of land mass of India
Ans: b

7. Taxable event in case of warehoused goods arises when:
a. Into bond bill of entry is filed
b. Ex bond bill of entry is filed
c. Goods deposited in warehouse for storage
d. All of the above
Ans: b
8.The term Export with its grammatical variation & cognate expression means:
a. Supply of goods to a recipient located outside India
b. Supply beyond territorial water
c. Both a & b above
d. Taking out of India to a place outside India
Ans: d
9. The process of Export is said to be completed when the goods:
a. Reached the destination port
b. Crosses the Indian Port
c. Crosses the Indian Territorial water
d. Crosses the Indian Customs Water
Ans: c

10. As per Customs Act, 1962, the term “Import” with its grammatical variation and cognate
expression means:
a. Purchase from foreign country
b. Supplier is located outside India
c. Bringing into India from a place within India
d. Bringing into India from a place outside India
Ans: d

Chapter 2 – Date for Determination of Duty rate & Tariff value, Assessment and types of
duties
Q 1. Write a short note on the applicability of safeguard duty under the Customs Tariff Act, 1975 on
articles imported by EOU/SEZ unit and cleared as such into domestic tariff area (DTA).
Ans: Section 8B(2A) of Customs Tariff Act, 1975, provides for levy of safeguard duty on articles
imported by an 100% EOU/unit in a SEZ that are cleared as such into DTA. In such cases,
safeguard duty shall be levied on that portion of the article so cleared as was leviable when it
was imported into India.
Q 2. What will be the dates of commencement of the definitive anti-dumping duty in the following
cases under section 9A of the Customs Tariff Act, 1975 and the rules made thereunder:
I. where no provisional duty is imposed;
II. where provisional duty is imposed;
III. where anti-dumping duty is imposed retrospectively from a date prior to the date of imposition of
provisional duty.
Ans: The Central Government has power to levy anti-dumping duty on dumped articles in accordance
with the provisions of section 9A of the Customs Tariff Act, 1975 and the rules framed thereunder.
i. In a case where no provisional duty is imposed, the date of commencement of anti-dumping duty
will be the date of publication of notification, imposing anti-dumping duty under section 9A(1), in
the Official Gazette.
ii. In a case where provisional duty is imposed under section 9A(2), the date of commencement of
anti-dumping duty will be the date of publication of notification, imposing provisional duty under
section 9A(2), in the Official Gazette.
iii. In a case where anti-dumping duty is imposed retrospectively under section 9A(3) from a date
prior to the date of imposition of provisional duty, the date of commencement of anti-dumping
duty will be such prior date as may be notified in the notification imposing anti-dumping duty
retrospectively, but not beyond 90 days from the date of such notification of provisional duty.
Q 3. With reference to section 9AA of Customs Tariff Act, 1975, state briefly the provisions of refund of
anti-dumping duty ?
Ans: According to the provisions of section 9AA of the Customs Tariff Act, 1975, where an importer
proves to the satisfaction of the Central Government that he has paid any anti-dumping duty
imposed on any article, in excess of the actual margin of dumping in relation to such article, he
shall be entitled to refund of such excess duty. However, the importer will not be entitled for
refund of provisional anti-dumping duty under section 9AA as the same is refundable under section
9A(2) of the said Act. Refund of excess anti-dumping duty paid is subject to provisions of

unjust enrichment – Automotive Tyre Manufacturers Association v. Designated Authority 2011
(263) ELT 481 (SC).
Q 4. With reference to section 9A(1A) of the Customs Tariff Act, 1975, mention the ways that
constitute circumvention of antidumping duty imposed on an article which may warrant action by
the Central Government.
Ans: As per section 9A(1A) of the Customs Tariff Act, 1975, following are the ways that would
constitute circumvention (avoiding levy of duty by unscrupulous means) of antidumping duty
imposed on an article that may warrant action by the Central Government:
(i) altering the description or name or composition of the article subject to such anti-dumping duty,
(ii) import of such article in an unassembled or disassembled form,
(iii) changing the country of its origin or export, or
(iv) any other manner, whereby the anti-dumping duty so imposed is rendered ineffective.
In such cases, investigation can be carried out by Central Government and then anti dumping can be
imposed on such articles.
Q 5. When shall the safeguard duty under section 8B of the Customs Tariff Act, 1975 be not imposed?
Discuss briefly.
Ans: The safeguard duty under section 8B of the Customs Tariff Act, 1975 is not imposed on the import
of the following types of articles:
i. Articles originating from a developing country, so long as the share of imports of that article
from that country does not exceed 3% of the total imports of that article into India;
ii. Articles originating from more than one developing country, so long as the aggregate of imports
from developing countries each with less than 3% import share taken together does not exceed 9%
of the total imports of that article into India;
iii. Articles imported by a 100% EOU or units in a Special Economic Zone unless the duty is
specifically made applicable on them or the article imported is either cleared as such into DTA or
used in the manufacture of any goods that are cleared into DTA. In such cases, safeguard duty
shall be levied on that portion of the article so cleared or so used as was leviable when it was
imported into India.
Q 6. What are the conditions required to be fulfilled by the importer to make the imported goods eligible
for preferential rate of duty prescribed by the Central Government by notification under section 25 of
the Customs Act, 1962?
Ans: The Government may by notification under section 25 of the Customs Act, 1962 prescribe
preferential rate of duty in respect of imports from certain preferential areas. The importer will
have to fulfill the following conditions to make the imported goods eligible for preferential rate of
duty:

• At the time of importation, he should make a specific claim for the preferential rate.
• He should also claim that the goods are produced or manufactured in such preferential area.
• The area should be notified under section 4(3) of the Customs Tariff Act, 1975 to be a
preferential area.
• The origin of the goods shall be determined in accordance with the rules made under
section 4(2) of the Customs Tariff Act, 1975.
Determination of Origin’ is important to allow concessional rate of customs duty. Generally, as per the
rules (a) if the goods are un-manufactured, it should be grown or produced in that area (b) If it is
fully manufactured in that country, it should be manufactured from material produced or with un-
manufactured materials from that country. (c) if it is partially manufactured in that country, final
process should be completed in that country and at least specified percentage of expenditure on
material or labour should be in that country.
Q 7. Determine the customs duty payable under the Customs Tariff Act, 1975 including the safeguard
duty of 30% under section 8B of the said Act with the following details available on hand:
Assessable value (including landing charges) of Sodium Nitrite imported
from a developing country from 26th February, 2017 to 25th February, Rs. 30,00,000
2018 (both days inclusive)
Share of imports of Sodium Nitrite from the developing country against
4%
total imports of Sodium Nitrite to India
Basic custom duty 10%
Integrated tax under section 3(7) of the Customs Tariff Act, 1975. 12%
Social welfare surcharge 10%
Note: Ignore GST compensation cess.
Ans: Computation of customs duty and integrated tax payable thereon

Particulars Amount (In Rs.)
Assessable value of sodium nitrite imported 3000000
Add: Basic custom duty @ 10% (Rs.30,00,000 × 10%) 300000.00
Safeguard duty @ 30% on ` 30,00,000 [Safeguard duty is imposable in
the given case since share of imports of sodium nitrite from the
900000.00
developing country is more than 3% of the total imports of sodium nitrite
into India (Proviso to section 8B(1) of the Customs Tariff Act, 1975)]
Social welfare surcharge @ 10% x Rs. 3,00,000 30000.00
Total 4230000
Integrated tax leviable under section 3(7) of Customs Tariff Act (Rs.
5,07,600
42,30,000 × 12%)
Total Custom Duty Payable 1737600.00

Multiple Choice Question : Part 1
1. Mr. Parekh imported readymade garments from China. The goods were dispatched by the supplier
on 10/04/2018. The vessel crosses the territorial water on 14/04/2018 and reaches the customs station
on 15/04/2018. The entry inward was granted by the customs officer on 16/04/2018 and bill of entry
was filed by Mr. Parekh on 17/04/2018. Which is the relevant date for determining the rate of duty
and tariff value?
a. 14/04/2018
b. 15/04/2018
c. 16/04/2018
d. 17/04/2018
Ans:- d
2. Calculate the amount of customs duty payable by the M/s Jupiter Ltd. From the following
transactions. Imported machineries from Japan on 11/3/18 – ₹ 500000/- & duty rate on that date
was – 10%. Goods arrived at the Indian Customs Airport on – 22/03/18, rate changes to – 12.5%
Bill of entry presented by M/s Jupiter Ltd. on 20/03/18 & duty rate on that date was – 15%
a. ₹ 50000
b. ₹ 62500
c. ₹ 75000
d. ₹ 500000
Ans:- b

3. Punjab Sweets exported its products valuing ₹ 2500000 but not u/s 50 on 5.5.18, the rate of duty
was 8%. The proper officer granted Let export order on 12.5.18 when rate was 10%. The shipping bill
was filed on 8.5.18, duty rate on that date changes to 12.5%. The export duty was paid on 15.5.18
by Punjab Sweets when the rate 12%. Identify the rate of duty applicable to Punjab Sweets.
a.8%
b.10%
c.12.5%
d.12%
Ans:- d
4. The proper officer of customs shall pass a speaking order, if the importer/exporter does not confirm
his acceptance on re-assessment, within:
a. One month from the date of re- assessment of bill of entry or shipping bill, as the case may be
b. 30 days from the date of re- assessment of bill of entry or shipping bill, as the case may be
c. 15 days from the date of re- assessment of bill of entry or shipping bill, as the case may be
d. 60 days from the date of re-assessment of bill of entry or shipping bill, as the case may be
Ans:- c
5. The importer or exporter shall be liable to pay interest, on any amount payable to Central
Government when finally assessed or re-assessed duty amount is more than duty provisionally paid, at
the rate of:
a.24% p.a.
b.15% p.a.

c.18% p.a.
d.12% p.a.
Ans:- b
6. If the finally assessed duty or re- assessed duty is less than duty provisionally paid, then the
importer or exporter is entitled to refund along with interest on such unrefunded amount, if the
amount is not paid within three months from the date of final or re-assessment of duty. The interest
rate in such case shall be:
a.6% p.a.
b.10% p.a.
c.5% p.a.
d.12% p.a.
Ans:- a
7. If any importer or exporter or his authorized representative or customs broker contravenes any
provision Of Custom Finalisation of Provisional Assessment regulation or abets such contravention, or
fails to comply With any provision of these regulations, he shall be liable to penalty which may
extend to:
a. One lakh rupees
b. One lakh & fifty thousand rupees
c. Fifty thousand rupees
d. Ten thousand rupees
Ans:- d

8. Mr. Amit provided coaching service through video lectures on pen drive along with books in a kit.
He Exported his services to Dubai and wants to know the duty rate to be imposed on export service.
Tariff rate on coaching service is 18% and on books the rates are nil. But the exporter does not have
any evidence to produce before the officer for different rates. The service of Mr. Vishal will be
chargeable at the rate of:
a.18%
b. Nil rate
c. 0%
d.18% on pen drive value & nil rate on books value
Ans:- a
9. Any accessories supplied with main article which satisfy the condition of Accessories (condition)
rule, 1963 are chargeable to duty at the:
a. Rate of that accessories
b. Same rate as that of the main article
c. Highest of the two rates
d. Either a or b above
Ans:- b
10. In the context of Customs Act, 1962, the term “pilfer” means:
a. to steal
b. petty theft
c. both a & b above

d. none of the above
Ans:- c
11. The duty is not payable by the importer in case of pilfered goods only if any goods are
pilfered:
a. after unloading thereof
b. after unloading thereof but before order of clearance by proper officer for deposit
in warehouse or home consumption
c. after clearance of order by proper officer
d. before unloading thereof
Ans:- b
12. The relevant date for duty payable on pilfered goods is the date of:
a. filing of bill of entry
b. order of clearance
c. filing of Import General Manifest or Report
d. granting entry inward
Ans:- c
13. If the pilfered goods are restored to the importer then importer is liable to pay duty at
the rate prevailing on the date of:
a. filing bill of entry by the importer
b. filing import manifest or report by the person-in-charge

c. restoration by the port authority to the importer
d. order of clearance by the proper officer
Ans:- a
14. The abatement of duty on damaged or deteriorated goods can be granted by:
a. Assistant Commissioner
b. Deputy Commissioner
c. Joint Commissioner
d. a or b above
Ans:- d
15. If any warehoused goods had been damaged at any time before clearance for home consumption,
the abatement is available only if such damaged is:
a. on account of any accident
b. due to willful act, negligence or default of owner, his employee or agent
c. not due to willful act, negligence or default of owner, his employee or agent
d. Both a and c above
Ans:- d
16. Mr. Purohit imported some goods from Germany the value of which is ₹ 10 lakhs and
duty is payable at the rate of 20%. Some goods has been damaged before the order of
clearance for home consumption has been granted by the proper officer. The value of
goods after damages is ` 8 lakhs. Calculate the duty payable by Mr. Purohit at the time of

clearance of goods for home consumption.
a. ₹ 2 lakhs
b. ₹ 1.6 lakhs
c. ₹ 0.40 lakhs
d. ₹ 0.50 lakhs
Ans:- b
17. Remission of duty can be granted by Assistant Commissioner on any imported goods that are:
a. lost or stolen
b. lost or destroyed
c. pilfered
Ans:- b
18. Mr. Ajay found an abandoned ship along with some goods in high seas. He brought that ship
along with him while returning to India. The custom officer imposed duty on such ship as if they are
imported into India but Mr. Ajay denies paying the duty on the ground that it was available freely in
the high seas. State whether the contention of Mr. Ajay is correct in law
a. Correct
b. Incorrect:- as all derelict, jetsam, flotsam & wreck goods brought into India are
treated as imported goods and liable to duty unless proved otherwise
Ans:- b

Part – 2 Types of Duty
1. For the purpose of valuation under ACD 3(1), the value of imported article shall be the aggregate
of:
a. Transaction value u/s 14 (1) or Tariff value u/s 14(2) and Basic Customs Duty u/s 12
b. Countervailing duty referred to in section 9
c. Duty referred to in sub-section (3) &(5)
d. All of the above
Ans:- a
2. For the purpose of valuation under ACD 3(1), the value of imported article shall not include:
a. Transaction value or Tariff value [section 14]
b. Basic Customs Duty [section 12]
c. Social welfare surcharge on above
d. Safeguard duty [section 8B and 8C]
Ans:- d
3. Mr. Palash imported some article on which retail sale price is required to be declared under “Legal
Metrology Act,of USA” and for the like article produced or manufactured in India, Central
Government has fixed a tariff value, the value of imported article shall be deemed to be such:
a. Retail sale price
b. Retail sale price less abatement ifany
c. Transaction value

d. Tariff value
Ans:- d
4. Which of the following duties or taxes included for the calculation of duty referred to in section
3(5)?
a. Basic Customs Duty u/s 12
b. ACD 3(1) or 3(3)
c. Transaction value or Tariff value
d. All of the above
Ans:- d
5. Mr. Ajay imported sewing machines from Japan and warehoused such goods by filing into bond bill
of entry. When the goods were in warehouse Mr. Ajay sold it to Mr. Vijay for ₹ 10lakhs. The
imported values of such goods were as follows:
Transaction value section 14(1) - ₹ 7
lakhs BCD @ 10% on above - ₹ 70000
ACD 3(1) on above - ₹ 77000
Integrated Tax u/s 3(7) - - ₹ 126000
Calculate the value of such goods for the purpose of section 3(7) of Customs Act
a. ₹ 1000000
b. ₹ 847000
c. ₹ 973000
d. ₹ 700000

Ans:- a
6. Transaction value for the purpose calculating ACD on warehouse sale before clearance for home
consumption or export, where only part of the warehoused goods has sold for more than once, shall
be:
a. the transaction value of first of such transaction
b. the transaction value which is higher of such transaction
c. the transaction value of last of such transaction
d. none of the above
Ans:- c
7. Mr. Sanjay imported goods from Nepal valuing ₹ 10,50,000 which is inclusive of all duties & taxes.
Mr. Sanjay deposited such goods in warehouse. While the goods were in warehouse Mr. Sanjay sold
them to Mr. Ajay for ₹ 11,75,000 who in turn sold these goods to Mr. Vinay for ₹ 12,35,000 and such
goods were further sold by Mr. Vinay to Mr. Pranay for ₹ 12,25,000.Determine the value of such
imported goods
a. ₹ 1050000
b. ₹ 1175000
c. ₹ 1235000
d. ₹ 1225000
Ans:- d

8. FOB price of imported goods = $4,00,000 Cost of transportation = ₹ 15000
Cost of Insurance = ₹ 5000
BCD rate = 12%,
Social welfare surcharge = 10%
GST on like article in India = 28%
The exchange rate notified by RBI = 1$ = ₹ 62, CBIC rate = 1$ = ₹ 62.50
Answer the following with respect to above
i. Calculate Basic Custom Duty
a.₹ 30,02,400
b. ₹ 29,76,000
c. ₹ 31,27,500
d. ₹ 29,78,400
Ans:- a
ii. Determine the Assessable value or
CIF value.
a. ₹25000000
b. ₹24800000
c. ₹25020000
d. ₹24820000
Ans:- c

iii.Calculate the GST value
a. ₹ 8639306
b. ₹ 8723373
c. ₹ 8633706
d. ₹ 8636706
Ans:- b
Part 3 : Audit
1. The proper officer may carry out audit:
a. In his office
b. In the premises of the Auditee
c. Both a & b above
Ans:- c
2. The proper officer shall give advance notice to the auditee before start of audit under customs, not
less than:
a. 30 days
b. 25 days
c. 15 days
d. 60 days
Ans:- c

3. Where the audit is conducted at the premises of the auditee , the proper officer shall complete
audit within:
a. 30 days from the date when audit documents are made available
b. 30 days from the date of starting of the audit
c. 15 days from the date when audit documents are made available
d. 15 days from the date of starting of the audit
Ans:- b
4. Books of account includes ledgers, daybook, cashbook, other accounts related records kept in:
a. written form
b. printed form
c. electronic form
d. any of the above
Ans:- d

Chapter 3 – Importation and Exportation Procedure
Q 1. ‘Queen Marry’, a vessel containing the goods imported by XML Ltd. entered the Indian Territorial
waters on 24.05.20XX. It arrived at the customs port on 26.05.20XX and the Arrival manifest or
import manifest was submitted on 29.05.20XX. However, the entry inwards were given to the vessel
on 04.06.20XX. An ‘Into Bond’ Bill of Entry was presented by XML Ltd. on 06.06.20XX and thus,
the goods were classified, valued and stored in the bonded warehouse.
XML Ltd. presented the ‘Ex-Bond’ Bill of Entry in respect of such goods on 01.07.20XX and cleared
the goods from the bonded warehouse on 05.07.20XX. The rate of customs duty was increased
from 8% to 10% on 04.07.20XX.
At what rate should XML Ltd. pay the customs duty on the goods imported by it?
Ans: As per section 15(1)(b) of the Customs Act 1962, the relevant date for determination of rate of
duty and tariff valuation in case of warehoused goods is the date when a bill of entry for home
consumption (or ex-bond bill of entry, if goods were warehoused after entry into India) in respect
of such goods has been presented under section 68 of the Customs Act, 1962. Therefore, in the
given problem, the relevant date for determination of rate of duty is 01.07.20XX (date of
presentation of ex-bond bill of entry) and not 05.07.20XX when the goods are actually removed
from the warehouse. Thus, the customs duty will be payable at 8% and not 10%.
Q 2. Write a brief note on self-assessment in customs under the Customs Act, 1962.
Ans: The provisions relating to self-assessment of duty, contained in the section 17 of the Customs
Act, 1962, are as follows:
(i) The importer or the exporter has to self-assess the duty leviable on goods imported or
exported.
(ii) 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.
(iii) After verification, if it is found that the self-assessment has not been done correctly,
the proper officer may re-assess the duty leviable on such goods.
(iv) If the order of the reassessment is contrary to the self-assessment, the proper officer
should pass a speaking order on the re-assessment within 15 days from the date of
reassessment.

Q 3. State briefly the provisions of the Customs Act, 1962 relating to payment of interest in case of
provisional assessment.
Ans: The provisions of the Customs Act, 1962 relating to payment of interest in case of provisional
assessment are as under:
I. Interest payable by the importer/exporter on amount payable to the Central Government, consequent
to the final assessment/re- assessment:
a. The importer or exporter shall be liable to pay interest, on any amount payable to the
Central Government, consequent to the final assessment order/re-assessment order under
section 18(2).
b. The interest shall be payable at the rate prescribed under section 28AA of the Customs
Act, 1962. Presently, the rate of interest has been fixed @ 15% p.a.
c. The interest shall be payable from the first day of the month in which the duty is
provisionally assessed till the date of payment thereof.
II. Interest payable by the Central Government to the importer/exporter on amount refundable to the
importer/exporter on final assessment of duty/re-assessment of duty:
(a) Subject to the provisions of unjust enrichment, if any refundable amount is not refunded
to the importer/exporter on final assessment of duty or re-assessment of duty, within
three months from the date of final assessment of duty or re- assessment of duty.
(b) The interest shall be payable at the rate prescribed under section 27A of the Customs Act,
1962. Presently, the rate of interest has been fixed @ 6% p.a.
(c) The interest shall be payable from the first day immediately succeeding the period of three
months from the date of assessment of duty finally or re-assessment of duty till the
date of refund of such amount.
Q 4. What is meant by ‘boat notes’?

Ans: In certain specified customs ports, ships cannot come to the shore for unloading or loading, while in
other ports, it is possible that not all ships arriving in the port get a berth. Further, sometimes,
small import cargo is to be unloaded from a ship or small export cargo is to be loaded on a ship.
In all the aforesaid cases, the import cargo is taken from the ship to the shore and the export
cargo is taken from the shore to the ship in boats.
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.

However, the CBIC 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.
Q 5. Discuss the provisions regarding transit of goods and transhipment of goods without payment of
duty under the Customs Act.
Ans: Section 53 provides that 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, may be allowed by the proper
officer to be so transited without payment of duty subject to such conditions, as may be
prescribed. However, the goods should not have been prohibited under section 11 of the Customs
Act. Transshipment of goods refers to transfer of goods from one conveyance to another. It may be
from one port to any other major port or airport in India.
Section 54 provides that:
(1) where any goods imported into a customs station are intended for transhipment, the person-in-
charge of conveyance will have to present a bill of transhipment to the proper officer in the
prescribed form;
(2) where any goods imported into a customs station are mentioned in the arrival manifest or import
manifest or import report, as for transhipment to any place outside India, such goods will be
allowed to be so transhipped without payment of duty. However, the goods should not have been
prohibited under section 11 of the Customs Act.
(3) where any goods imported into a customs station are mentioned in the arrival manifest or import
manifest or import report for transhipment to any major port (as defined in the Indian Ports Act,
1908) or to customs airport or customs port (as notified by the Board) or to any other customs
station and the proper officer is satisfied about the bona-fide intention for transhipment of the
goods to such customs station, the proper officer may allow the goods to be transhipped, without
payment of duty.
Q 6. Explain in brief the duty exemption to baggage under section 79(1) of the Customs Act, 1962.
Ans: Section 79(1) of the Customs Act, 1961 exempts the bona fide baggage of the passengers.
Following baggage is passed free of duty-
(i) articles in the baggage of a passenger/crew that have been in their use for such minimum period
as may be prescribed by the Baggage Rules, 2016.
(ii) articles for use by passenger or his family or bona fide gifts or souvenir, provided that the value
of each such article and the total value of all such articles does not exceed the limits prescribed in
the aforesaid Baggage Rules.

Q 7. Explain the obligation cast on person-in-charge on arrival of vessels or aircrafts in India under
section 29 of the Customs Act, 1962.
Ans: Section 29(1) of the Customs Act, 1962 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:
(i) for the first time after arrival in India; or
(ii) 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 custom airport, as the case may be, unless permitted by
the Board.
Exception:-Section 29(2) provides that the above provisions are 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, in such a case
the person-in-charge of such vessel or aircraft has the following obligations cast on him:
(i) He shall have to report the arrival of the vessel/landing of the aircraft to the nearest customs
officer or the officer-in-charge of a police station and shall produce the log book belonging to the
vessel or the aircraft if demanded.
(ii) He shall not without the consent of any such officer permit any goods carried in the vessel or the
aircraft to be unloaded from, or any of the crew or passengers to depart from the vicinity of, the
vessel or the aircraft. However, passengers and crew can be allowed to depart from the vicinity of,
or the goods can be removed from, the vessel/aircraft if the same is necessary for reason of
health, safety or preservation of life or property.
(iii) He shall comply with any directions given by any such officer with respect to any such goods.
Q 8. Explain briefly the meaning of entry inwards and entry outwards with reference to the customs
law.
Ans: Entry inwards is a permission granted by the proper officer to a vessel after which the master of
the vessel permits unloading of the imported goods. Such entry inwards is granted only after master
of the vessel delivers import general manifest to the proper officer or the proper officer is satisfied
that there was sufficient cause for not delivering it. Entry inwards, however, is not required for
unloading of baggage accompanying a passenger or a member of the crew, mail bags, animals,
perishable goods and hazardous goods [Section 31 of the Customs Act, 1962].
Entry outwards is a permission granted by the proper officer to a vessel to go on a foreign voyage
to the port of consignment. The master of the vessel permits loading of export goods only after
the proper officer grants entry outwards to the vessel. However, entry outwards is not required for
loading of baggage and mail bags [Section 39 of the Customs Act, 1962].

Q 9. 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.
Ans: E-payment of customs duty is mandatory for-
(i) Importers paying customs duty of Rs. 1,00,000 or more per bill of entry
(ii) Importers registered under Accredited Client Programme
Q 10. What is the new name of Customs House Agent?

Ans: Customs House Agents are now known as “Customs Brokers” in accordance with the global practice
and internationally accepted nomenclature.
Q 11. Differentiate between Inland Container Depots (ICD) and Container Freight Stations (CFS).
Ans:
Inland Container Depot (ICD) Container Freight Station(CFS)
(i) CFS is only a custom area located in the
jurisdiction of a Principal Commissioner/
(i) ICD is a customs station like a port or
Commissioner of Customs exercising control over a
air cargo unit for the purpose of unloading
specified custom port, airport, land customs
of imported goods and loading of export
station/ICD. It is an extension of a customs
goods or any class of such goods.
station set up with the main objective of
decongesting the ports.
(ii) CFS by itself cannot have an independent
(ii) ICD can have an independent existence existence; it has to be linked to a customs station
as it is a ‘self contained customs station’. within the jurisdiction of the Principal
Commissioner/ Commissioner of Customs.
(iii) Customs manifests, bills of entry,
shipping bills and other declarations are
(iii) In CFS, only a part of the customs process-
filed in an ICD. Further, assessment and all
mainly the examination of goods-is normally
the activities related to clearance of goods
carried out and goods are stuffed into containers
for home use, warehousing, temporary
and de-stuffed therefrom. Aggregation/ segregation
admissions, re-export, temporary storage for
of cargo also takes place at CFS.
onward transit and outright export,
transhipment, etc. take place in an ICD.
Q 12. ONGC oil rig and a foreign oil rig are drilling oil beyond 12 nautical miles in the sea in the
Exclusive Economic Zone of India. Which of the two is a foreign going vessel? Explain.
Ans: Foreign going vessel or aircraft is one that carries passengers and (or) goods between
ports/airports in India and out of India. It does not matter if it touches any intermediate
port/airport in India. The following are also included in the definition:

(a) A foreign naval vessel doing naval exercises in Indian waters.
(b) A vessel engaged in fishing or any other operation (like oil drilling by O.N.G.C. oil rig) outside
territorial waters.
(c) A vessel or aircraft going to a place outside India for any purpose whatsoever [section
2(21)].
However, it is to be noted that Customs Act, 1962 has been extended to the Continental
Shelf and Exclusive Economic Zone of India for the purposes of extraction or production of
mineral oils and supply of any goods as defined in section 2(22) of the Customs Act in
connection with such activities vide Notification No. SO 189(E) dated 07.02.2002.
Further, In Aban Loyd Chiles v. UOI (2008) 227 ELT 24 (SC), it was held that oil rigs
located beyond territorial waters of country but within exclusive economic zone are deemed to
be in Indian territory and not a foreign going vessel as in that zone/area country’s fiscal laws
are applicable.
Hence, both the ONGC oil rig and the foreign oil rig will not be ‘foreign going vessel’.

Chapter 3 : Importation and Exportation Procedure: MCQ
1. Inland Container Depot is a Custom Station duly:
a. Appointed by Central Board of Excise & Customs
b. Licensed by Central Board of Excise & Customs
c. Appointed by Central Board of Indirect Taxes & Customs
d. Licensed by Central Board of Indirect Taxes & Customs
Ans:- c
2. Movement from ICD to a Land Customs Station or Customs Airport is akin to Transshipment
from one customs station to another customs station.Sate whether the statement is correct or not as
per the law.
a. Correct
b. Incorrect
Ans:- a
3. Container Freight Station is a place where only a part of the customs process mainly with the
examination of goods is carried out, is set up with the main objective of:
a. Decongesting the Land Customs Station
b. Decongesting the Ports
c. Decongesting the ICD’s
d. Decongesting the Customs Airport
Ans:- b

4. Container Freight Station can carried out customs processes such as:
a. Processing of Import Manifest & Export Manifest
b. Processing of Bill of entry
c. Examination of goods
d. All of the above
Ans:- c
5. In relation to Vessel, Person-in-charge is known as:
a. Sailor of the ship/vessel
b. Guard or person having the chief direction of the vessel
c. Master of the Vessel
d. Commander of the Vessel
Ans:- c
6. which of the following person is included as a Person-in-Charge
a. Master of the Vessel
b. Commander or Pilot in charge of aircraft
c. The Conductor, guard or any other person having the chief direction of the train
d. All of the above
Ans:- d

7. 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, is known as:
a. Restricted Goods
b. Ineligible Goods
c. Prohibited Goods
d. Both a & c above
Answer: c
8. Select the appropriate alternative from the following in relation to modes used for importation or
exportation of goods.
i) Goods can be imported/exported by land/sea/air
ii) Goods can be imported/exported through post
iii) Goods can be imported by passenger as their baggage
iv)Ship/aircraft stores which are considered to be imported/exported and charged to customs duty
v) Motor Vehicle imported as baggage
a. All of the above
b. only i & ii above
c. i, ii, iii & iv above
d. i, iii & v above
Ans:- c

9. The document which contains the detailed information to customs about goods in the
vessels/aircraft/ vehicle is called as
a. Arrival manifest or Import General Manifest /Import Manifest
b. Bill of entry
c. Import Report
d. Both a & c above
Ans:- a
10. Mr. X is a master of vessel. The vessel coming to India from China What is the time limit within
which Mr. X need to submit the import general manifest
a. any time prior to the arrival of the vessel
b. any time after to the arrival of the vessel
c. within 12 hours after its arrival
d. All of the above
Ans:- a
11. Import Report is required to be delivered when goods are imported by a vehicle. The time limit to
submit is:
a. At any time before arrival of the vehicle at the customs station
b. Within twelve hours before the arrival of the vehicle at the customs station
c. Within twelve hours after the arrival of the vehicle at the customs station
d. At any time after arrival of the vehicle at the customs station
Ans:- c

12. which of the following goods allow to unloaded from vessel even master of vessel not receives
entry inward
a. Baggage of crew
b. mail bags
c. Ainmals
d. All of the above
Ans:- d
13. Bill of entry can be presented for:
a. Home Consumption
b. Warehousing i.e. Into Bond
c. Clearance from warehouse for Home Consumption i.e. Ex-bond
d. All of the above
Ans:- d
14. The importer who present a bill of entry shall ensure:
a. The accuracy & completeness of the information given therein
b. The authenticity and validity of any document supporting it
c. Both a & b
Ans:- c

15. The importer who fails to pay the duty within the time so specified, he shall be liable to pay
interest at the rate of----------- on the amount of duty not paid or short paid till the date of its
payment.
a.18%
b.12%
c.15%
d.24%
Ans:- c
16. Within -----------from the date of unloading goods should be cleared, warehoused or transshipped
a. Within 5 days
b. Within 10 days
c. Within 15 days
d. Within 30 days
Ans:- d
17. Which of the following goods can be sale by port trust authority even if 30 days from unloading
has not Been completed
a. Animal
b. Hazardous goods
c. arms and ammunition
d. all of the above
Ans:- d

18. Mr. A can store the goods in public warehouse under the provision of warehousing without
warehousing For ---------
a. One year
b. Six months
c. One month
d. 30 days
Ans:- d
19. Principal Commissioner of Customs or Commissioner of Customs may extend the period of storage
of goods stored in warehouse without warehousing provisions, for a further period:
a. Not exceeding 180 days at a time
b. Not exceeding 30 days at a time
c. Not exceeding 60 days at a time
d. Not exceeding 90 days at a time
Ans:- b
20. The application by exporter to customs officer for clearance of goods for exportation is known as:
a. Shipping Bill
b. Bill of Export
c. Bill of Lading

Ans:- d
21. Entry outward means general permission by customs authority to the master of vessels for
allowing him to:
a. load the cargo
b. load passenger
c. load mail bags
d. All of the above
Ans:- a

Chapter 4: Valuation
 Questions for Practice in case of Import
Example: A material was imported by air at CIF price of 5,000 US$. Freight paid was 1,500 US$ and
insurance cost was 500 US$. The banker realized the payment from importer at the exchange rate of
Rs. . 71 per dollar. Central Board of Excise and Customs notified the exchange rate as Rs. 70 per
US$. Find the value of the material for the purpose of levying duty.
Solution:
Particulars Amount
CIF value 5000 US $
Less: Freight (1500 US $)
Less: Insurance (500 US $)
Therefore, FOB value 3000 US $
Assessable value for Customs purpose

FOB value 3000 US $
Add: Freight (20% of FOB value) [Note 1] 600 US $
Add: Insurance (actual) 500 US $
CIF for customs purpose 4100 US $
Exchange rate as per CBIC [Note 2] Rs. 70 / US $
Assessable value (` 70 x 4100 US $) Rs. 2,87,000
Notes:
1. If the goods are imported by air, the freight cannot exceed 20% of FOB price [Fifth proviso
to rule 10(2) of the Customs (Determination of Value of Imported Goods) Rules, 2007].
2. Rate of exchange determined by CBIC is considered [clause (a) of the explanation to section
14 of the Customs Act, 1962]
Example: From the particulars given below, find out the assessable value of the imported goods
under the Customs Act, 1962:
(i) Cost of the machine at the factory of the exporter
- 10000 US$
(ii) Transport charges from the factory of exporter to the port for shipment
- 500 US $
(iii) Handling charges paid for loading the machine in the ship
- 50 US $

(iv) Buying commission paid by the importer
- 50 US $
(v) Freight charges from exporting country to India
- 1000 US $
(vi) Exchange rate to be considered: 1$ = Rs. 70
(vii) Actual insurance charges paid are not ascertainable
Solution: Computation of assessable value of the imported goods
Particulars Amount
Cost of the machine at the factory 10000 $
Transport charges up to port 500 $
Handling charges at the port 50 $
FOB 10550 $
Freight charges up to India 1000$

Insurance charges @ 1.125% of FOB [Note 1] 118.69 $
CIF 11,668.69
CIF in Indian rupees @ Rs. 70/ per $ Rs. 8,16,808.30
Assessable Value Rs. 8,16,808.30
Assessable Value (rounded off) Rs. 8,16,808.00
Notes:
(1) Insurance charges have been included @ 1.125% of FOB value of goods [Third proviso to
rule 10(2) of the Customs Valuation (Determination of Value of Imported Goods) Rules,
2007].
(2) Buying commission is not included in the assessable value [Rule 10(1)(a)(i) of the Customs
Valuation (Determination of Value of Imported Goods) Rules, 2007].
Example : Foreign Trade International Ltd. has imported one machine from England. It has given
the following particulars:
(i) Price of machine 8,000 UK Pounds
(ii) Freight paid (air) 2,500 UK Pounds
(iii) Design and development charges paid in UK 500 UK Pounds
Commission payable to local agent of exporter @ 2% of price of machine, in Indian
(iv)
Rupees
24.10.20XX (Rate BCD 10%;
(v) Date of bill of entry Exchange rate as notified by CBIC
Rs. 100 per UK Pound)

20.10.20XX (Rate of BCD20%;
(vi) Date of arrival of aircraft Exchange rate as notified by CBIC
` 98 per UK Pound)
(vii) Integrated tax leviable under section 3(7) of the Customs Tariff Act, 1975 is 12%
(viii) Insurance charges have been actually paid but details are not available.
Compute the total customs duty and integrated tax payable by Foreign Trade International Ltd.
Note: Ignore GST Compensation Cess.
Solution: Computation of total duty and integrated tax payable

Particulars Amount
Price of machine 8,000 UK pounds
Add: Design and development charges [Note 1] 500 UK pounds
Total 8,500 UK pounds
Total in rupees @ Rs. 100 per pound [Note 2] 850000
Add: Local agency commission [Note 1]
(2% of 8000 UK pounds) = 160 UK pounds × Rs. 100 Rs. 16,000
FOB value as per Customs 8,66,000.00
Add: Air freight (8,66,000 x 20%) [Note 3] 1,73,200.00
Add: Insurance @ 1.125% of customs FOB [Note 4] 9,742.50
CIF Value 10,48,942.50
Assessable value (rounded off) 10,48,942.00
Add: Basic custom duty @ 10% [Note 5] 1,04,894.20
Add: Social Welfare Surcharge @ 10% on ` 1,04,894.20 10,489.42
Total 11,64,325.62
Add: Integrated tax leviable under section 3(7) @ 12% [Note 7] 1,39,719.07
Total duty and integrated tax payable (Rounded off)
2,55,102
( Rs. 1,04,894.20+ Rs. 10,489.42+ Rs. 1,39,719.07)
Notes:
1. Design and development charges paid in UK and commission paid to local agent (since it is
not buying commission) are includible in the assessable value [Rule 10 of the Customs
(Determination of Value of Imported Goods) Rules, 2007]
2. The rate of exchange notified by the CBIC on the date of presentation of bill of entry has
been considered [Section 14 of the Customs Act, 1962].
3. If the goods are imported by air, the freight cannot exceed 20% of FOB price [Fifth proviso
to rule 10(2) of the Customs (Determination of Value of Imported Goods) Rules, 2007].

4. Where the insurance charges are not ascertainable, such cost is taken as 1.125% of FOB
value of the goods [Third proviso to Rule 10(2) of the Customs (Determination of value of
Imported Goods) Rules, 2007].
5. Section 15 of the Customs Act, 1962 provides that rate of duty shall be the rate in force on
the date of presentation of bill of entry or the rate in force on the date of arrival of
aircraft, whichever is later.
6. Integrated tax leviable under section 3(7) of the Customs Tariff Act, 1975 is levied on the
sum total of the assessable value of the imported goods, customs duties and applicable
social welfare surcharge.
Example : Compute the total duty and integrated tax payable under the Customs Law on an
imported equipment based on the following information:
(i) Assessable value of the imported equipment US $ 10,100
(ii) Date of bill of entry is 25.4.20XX. Basic customs duty on this date is 10% and
exchange rate notified by the Central Board of Excise and Customs is US $ 1 = Rs.
65
(iii) Date of entry inwards is 21.4.20XX. Basic customs duty on this date is 20% and
exchange rate notified by the Central Board of Excise and Customs is US $ 1 =
` 70.
(iv) Integrated tax payable under section 3(7) of the Customs Tariff Act, 1975: 12%
(v) Social Welfare surcharge 10%
Make suitable assumptions where required and show the relevant workings and round off your
answer to the nearest rupee. Note: Ignore GST Compensation Cess.
Solution: Computation of total customs duty and integrated tax payable

Particulars Amount
Assessable value ($ 10,100 x 65) [Note-1] 6,56,500.00
Add: Basic custom duty @ 10% [Note-2] 65,650.00
ADD: SWS @ 10% on Rs. 65650 6565
Total 728715
Add: Integrated tax under section 3(7) @ 12% [Note-3] 87,445.80
Total Customs duty and integrated tax payable (rounded off to
1,59,660.00
nearest rupee)
Notes:
1. Rate of exchange notified by CBIC as prevalent on the date of filing of bill of entry would
be the applicable rate [Proviso to section 14(1) of Customs Act,1962].

2. Rate of duty would be the rate as prevalent on the date of filing of bill of entry or entry
inwards whichever is later. [Proviso to section 15 of the Customs Act, 1962].
3. Integrated tax leviable under section 3(7) of the Customs Tariff Act, 1975 is levied on the
sum total of the assessable value of the imported goods, customs duties and applicable
social welfare surcharge.
Example: Assessable value of an item imported is Rs. 1,00,000. Basic customs duty is 10%,
integrated tax leviable under section 3(7) of the Customs Tariff Act is 12%, and social welfare
surcharge is 10% on duty. Compute the amount of total customs duty and integrated tax
payable.
Note: Ignore GST Compensation Cess.

Particulars Amount
Assessable Value 1,00,000.00
Basic customs duty @ 10% 10,000.00
Add: Social Welfare surcharge @ 10% on Rs. 10,000 1000
Sub-total 111000
Integrated tax u/s 3(7) of the Customs Tariff Act @ 12% of Rs. 1,11,000 13,320.00
Total customs duty and integrated tax payable (BCD + SWS + IGST) 24,320.00
*Social Welfare surcharge is presently exempt on IGST and GST compensation cess.
Example: From the following particulars, calculate total customs duty and integrated tax payable:
(i) Date of presentation of bill of entry: 20.6.20XX [Rate of BCD 20%; Inter-bank exchange
rate: Rs. 61.60 and rate notified by CBIC Rs. 70].
(ii) Date of arrival of aircraft in India: 30.6.20XX [Rate of BCD 10%; Inter-bank exchange rate:
Rs. 61.80 and rate notified by CBIC Rs. 73.00].
(iii) Rate of Integrated tax leviable under section 3(7) of the Customs Tariff Act: 12%. Ignore
GST Compensation Cess.
(iv) CIF value 2,000 US Dollars; Air freight 500 US Dollars, Insurance cost 100 US Dollars [Landing
charges not ascertainable].
(v) Social Welfare Surcharge 10%

Particulars Amount
CIF value 2000 US $
Less: Freight (500 US $)
Less: Insurance (100 US $)

FOB Value 1400 US $
Add: Air Freight [Note1] 280 US $
Add: Insurance (actual amount) 100 US $
CIF Being assessable Value in US $ 1780 US $
CIF Being assessable Value in INR (Conversion @ Rs. 70) 1,24,600.00
Assessable Value 1,24,600.00
Basic Custom Duty @ 10% (a) [Note 3] 12,460.00
Add: Social Welfare Surcharge @ 10% on 1,24,600 (b) 1,246.00
Sub-total 1,38,306.00
Integrated tax under section 3(7) (12% on Rs. 1,38,306) (c) [Note 4] 16,596.72
Total duty and integrated tax (a +b + c) (rounded off) 30,303.00
Notes:
(1) If the goods are imported by air, the freight cannot exceed 20% of FOB price [Fifth
proviso to Rule 10(2) of the Customs (Determination of Value of Imported Goods)
Rules, 2007].
(2) Rate of exchange notified by CBIC on the date of presentation of bill of entry would
be the applicate rate. [Proviso to Section 14(1) of the Customs Act, 1962].
(3) Rate of duty would be the rate as prevalent on the date of filing of bill of entry or
arrival of aircraft, whichever is later [proviso to section 15 of the Customs Act, 1962].
(4) Integrated tax leviable under section 3(7) of the Customs Tariff Act, 1975 is levied on
the sum total of the assessable value of the imported goods, customs duties and
applicable social welfare surcharge.
Example: 15000 chalices were imported for charitable distribution in India by XY Charitable Trust.
The Trust did not pay either for the cost of goods or for the design and development charges,
which was borne by the supplier. Customs officer computed its FOB value at USD 20,000
(including design and development charges), which was accepted by the trust. Other details
obtained were as follows:
Particulars Amount
Freight paid (air) (in USD) 4,500.00
Design & development charges paid in USA (in USD) 2,500.00
Commission payable to an agent in India (in Rs.) 12,500

Exchange rate notified by CBIC and rate of basic duty is as follows:
Date of Bill of Entry - 08.09.20XX, BCD - 20 % Exchange Rate in Rs.
70
Date of arrival of aircraft - 30.09.20XX, BCD - 10%, Exchange Rate in
Rs. 72
The inter-bank rate was 1 USD = Rs. 73
Integrated tax payable u/s 3(7) of the Customs Tariff Act, 1975 12 %
Social Welfare surcharge as applicable
Compute the amount of total customs duty and integrated tax payable on importation of chalices.
Make suitable assumptions where required. Working notes should form part of your answer.Note:
Ignore GST Compensation Cess.

Particulars Amount
FOB value computed by Customs Officer (including design and development
20,000 US $
charges)
Exchange rate [Note 1] Rs. 70 per $
FOB value computed by Customs Officer (in rupees) 14,00,000
Add: Commission payable to agent in India 12500
FOB value as per customs 14,12,500.00
Add: Air freight (` 14,12,500 × 20%) [Note 2] 2,82,500.00
Add: Insurance (1.125% of ` 14,12,500) [Note 3] 15,890.63
CIF value for customs purposes 17,10,890.63
Assessable value 17,10,890.63
Add: Basic custom duty @ 10% (`17,10,890.63× 10%) – rounded off [Note 4] 1,71,089.00
Add: Social Welfare surcharge @ 10% on Rs. 1,71,089 rounded off 17,109.00
Total 18,99,088.63
Integrated tax leviable under section 3(7) of Customs Tariff Act, 1975 @
2,27,890.00
12% (`18,99,089× 12%) [Rounded off] [Note 5]
Total customs duty and integrated tax payable (Rs. 1,71,089 + Rs. 17,109 +
4,16,088.00
Rs. 2,27,890)
Notes:
1. Rate of exchange notified by CBIC on the date of filing of bill of entry has to be
considered [Third proviso to section 14 of the Customs Act, 1962].
2. In case of goods imported by air, freight cannot exceed 20% of FOB value [fifth

proviso to rule 10(2) of the Customs (Determination of Value of Imported Goods)
Rules, 2007].
3. Insurance charges, when not ascertainable, have to be included @ 1.125% of FOB

value of goods [Third proviso to rule 10(2) of the Customs Valuation (Determination of
Value of Imported Goods) Rules, 2007].
4. Rate of duty will be the rate in force on the date of presentation of bill of entry or on
the date of arrival of the aircraft, whichever is later [Proviso to section 15 of the
Customs Act, 1962].
5. Integrated tax leviable under section 3(7) of the Customs Tariff Act, 1975 is levied on
Example: Mr. Backpack imported second-hand goods from a UK supplier by air, which was
contracted on CIF basis. However, there were changes in prices in the international market
between the date of contract and actual importation. As a result of several negotiations, the
parties agreed for a negotiated price payable as follows:
Changed Price Negotiated Price
Particulars Contract Price(₤) (₤) (₤)
CIF Value 5000 5800 5500
Air Freight 300 600 500
Insurance 500 650 500
Other details for computing assessable value and duty payable are tabled below:
Particulars Amount
Vendor inspection charges (inspection carried out by foreign supplier on
his own, not required under contract or for making the goods ready for ₤ 600
shipment)
Commission payable to local agent @ 1% of FOB in local currency
Exchange rate in Rs. (Notified by

Date of Bill of Entry BCD
CBIC)
18.02.20XX 10% 102
Date of arrival of Exchange rate in Rs. (Notified by
BCD
aircraft CBIC)
15.02.20XX 15% 98
Inter-bank rate 1 UK Pound = Rs. 106. Compute the assessable value and calculate basic
customs duty payable by Mr. Backpack.

Solution: Computation of custom duty payable
Particulars Amount
CIF value (negotiated price) [Note-1] 5,500
Less: Air freight 500
Less: Insurance 600
FOB value 4400
Add: Vendor inspection charges [Note-2] Nil
Add: Commission payable to local agent [1% of FOB value] i.e. 4400 * 1% =
44
44
FOB value as per Customs 4,444.00
Add: Freight [Note-3] 500.00
Add: Insurance [Note-4] 600.00
Total 5544
Value in rupees - Exchange rate is Rs. 102 per £ [Note-5] 565488
CIF being Assessable value 5,65,488.00
Add: Basic custom duty @ 10% [Note-7] – rounded off 56,548.80
Social Welfare Surcharge (10% of Rs. 56,548.80) [rounded off] 5,655
Customs duty payable [rounded off] 62,203
Notes:
1. As per Section 14 of the Customs Act, 1962, the value of the imported goods is the
transaction value, which means the price actually paid or payable for the goods. In this
case, since the contract was re-negotiated and the importer paid the re-negotiated
price, the transaction value would be such re-negotiated price and not the contract
price.
2. Only the payments actually made as a condition of sale of the imported goods by the
buyer to the seller are includible in the assessable value under rule 10(1)(e) of the
Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. Charges of
vendor inspection on the goods carried out by foreign supplier on his own and not
required for making the goods ready for shipment, are not includible in the assessable
value of the imported goods [Bombay Dyeing & Mfg. v. CC 1997 (90) ELT 276 (SC)].
3. Actual amount incurred towards freight will be considered since freight is not more
than 20% of FOB value [Fifth proviso to rule 10(2) of Customs Valuation Rules].
4. Actual insurance charges paid are includible in the assessable value as per rule
10(2)(b) of the Customs Valuation Rules.
5. Rate of exchange notified by CBIC on the date of filing of bill of entry will be

considered as per third proviso to section 14 of the Customs Act, 1962.
6. Commission paid to local agent (since it is not buying commission) is includible in the
assessable value on the presumption that local agent has been appointed by the exporter
[Rule 10(1)(a)(i) of the Customs Valuation Rules].
7. As per proviso to section 15 of the Customs Act, 1962, rate of duty will be the rate in
force on the date of presentation of bill of entry or on the date of arrival of the
aircraft, whichever is later
Example: F. Ltd. imported a machine from UK in May, 20XX. The details in this regard are as
under:
(i) FOB value of the machine: 10,000 UK Pound
(ii) Freight (Air): 3000 UK Pound
(iii) Licence fee, the buyer was required to pay in UK: 400 UK Pound
(iv) Buying commission paid in India Rs. 20,000
(v) Date of bill of entry was 20.05.20XX and the rate of exchange notified by CBIC on this
date was Rs. 99.00 per one pound. Rate of BCD was 7.5%.
(vi) Date of arrival of aircraft was 25.05.20XX and the rate of exchange notified by CBIC on
this date was Rs. 98.50 per pound and rate of BCD was 10%.
(vii) Integrated tax under section 3(7) of Customs Tariff Act was 12% and ignore GST
Compensation Cess.
(viii) Insurance premium details were not available.
You are required to compute the total customs duty and integrated tax payable on the importation
of machine. You may make suitable assumptions wherever required.
Solution: Computation of assessable value and total customs duty and integrated tax payable
by F Ltd.
Particulars Amount
FOB value (£) 10,000
Add: License fee required to be paid in UK [Note – 1] (£) 400
Adjusted FOB value (£) 10,400
Value in rupees - Exchange rate is Rs. 99 per £ [Note – 2] 1029600
Add: Air freight [Restricted to 20% of Rs. 10,29,600 (customs FOB value)]
2,05,920.00
[Note – 3]
Insurance @ 1.125% of Rs. 10,29,600 [Note – 4] 11,583.00
Buying commission is not includible in the assessable value [Note – 5] -
CIF Being Assessable Value 12,47,103.00

Rate of duty is 10% [Note – 6]
Add: Basic custom duty @ 10% (` 12,47,103 × 10%) – rounded off (A)
1,24,710.00
Add: Social Welfare Surcharge (10% of ` 1,24,710) [rounded off] (B) 12,471.00
Value for integrated tax under section 3(7) of the Customs Tariff Act, 1975 13,84,284.00
Add: Integrated tax under section 3(7) @ 12% - rounded off (C) [Note – 7] 1,66,115.00
Total customs duty and integrated tax payable [(A) + (B) + (C)] 3,03,295.00
Notes:
1. Engineering and design charges paid in UK, licence fee relating to imported goods
payable by the buyer as a condition of sale, materials and components supplied by the
buyer free of cost and actual insurance charges paid are all includible in the assessable
value - Rule 10(1)(c) of the Customs Valuation (Determination of Value of Imported
Goods) Rules, 2007 [hereinafter referred to as Customs Valuation Rules].
2. Rate of exchange notified by CBIC on the date of filing of bill of entry has to be
considered [Third proviso to section 14 of the Customs Act, 1962].
3. In case of goods imported by air, freight cannot exceed 20% of FOB value [Fifth
proviso to rule 10(2) of the Customs Valuation Rules].
4. Insurance charges, when not ascertainable, have to be included @ 1.125% of FOB

value of goods [Third proviso to rule 10(2) of the Customs Valuation Rules].
5. Buying commission is not included in the assessable value [Clause (a)(i) of sub-rule
(1) of rule 10 of the Customs Valuation Rules].
6. Rate of duty will be the rate in force on the date of presentation of bill of entry or on
the date of arrival of the aircraft, whichever is later [Proviso to section 15 of the
Customs Act, 1962].
7. Integrated tax leviable under section 3(7) of the Customs Tariff Act, 1975 is levied on
Example: Determine the assessable value of imported goods in the following cases:
Case I
Particulars US $
FOB value 1,000
Freight, loading, unloading and handling charges associated with the delivery Not known
of the imported goods to the place of importation

Insurance charges 10
Case II
Particulars US $
FOB value plus insurance charges 1,010
Freight, loading, unloading and handling charges associated with the delivery Not known
of the imported goods to the place of importation
Case III
Particulars US $
FOB value 1,000
Sea freight, loading, unloading and handling charges associated with the 60
delivery of the imported goods to the place of importation
Insurance charges Not known
Case IV
Particulars US $
FOB value plus sea freight and loading, unloading and handling charges associated 1,060
with the delivery of the imported goods to the place of importation
Insurance charges Not known
Case V
Particulars US $
FOB value 1,000
Air freight, loading, unloading and handling charges associated with the delivery of 250
the imported goods to the place of importation
Insurance charges 10
Solution:
Rule 10(2) of the Customs (Determination of Value of Imported Goods) Rules, 2007 (CVR) has
been substituted by a new sub-rule. The new sub-rule provides that for the purposes of sub-
section (1) of section 14 of the Customs Act, 1962 and these rules, the value of the imported
goods shall be the value of such goods, and shall include -
(a) the cost of transport, loading, unloading and handling charges associated with the delivery
of the imported goods to the place of importation;
(b) the cost of insurance to the place of importation:

Provided that where the cost referred to in clause (a) is not ascertainable, such cost shall be 20% of
the free on board value of the goods.
Provided further that where the free on board value of the goods is not ascertainable but the sum of

free on board value of the goods and the cost referred to in clause (b) is ascertainable, the cost
referred to in clause (a) shall be 20% of such sum:
Provided also that where the cost referred to in clause (b) is not ascertainable, such cost shall be
1.125% of free on board value of the goods.
Provided also that where the free on board value of the goods is not ascertainable but the sum of
free on board value of the goods and the cost referred to in clause (a) is ascertainable, the cost
referred to in clause (b) shall be 1.125% of such sum.
Provided also that in the case of goods imported by air, where the cost referred to in clause (a) is
ascertainable, such cost shall not exceed 20% of free on board value of the goods.
Provided also that in the case of goods imported by sea or air and transshipped to another customs
station in India, the cost of insurance, transport, loading, unloading, handling charges associated
with such transshipment shall be excluded.
Explanation-The cost of transport of the imported goods referred to in clause (a) includes the ship
demurrage charges on charted vessels, lighterage or barge charges.
In the backdrop of the above provisions, the assessable value in the various cases will be
computed as under:
Computation of assessable value
Case I
Particulars US $
FOB value 1,000
Add: Cost of transport, loading, unloading and handling charges associated with 200
the delivery of the imported goods to the place of importation [20% of FOB value
in terms of first proviso to rule 10(2) of CVR]
Cost of insurance [Includible in terms of rule 10(2)(b) of CVR] 10
Assessable value [CIF value] 1,210
Case II
Particulars US $
FOB value plus insurance charges 1,010
Add: Cost of transport, loading, unloading and handling charges associated with 202
the delivery of the imported goods to the place of importation [20% of sum of
FOB value of the goods and the cost of insurance in terms of second proviso to
rule 10(2) of CVR]
Case III
Particulars US $
FOB value 1,000

Add: Cost of sea transport, loading, unloading and handling charges associated with 60
the delivery of the imported goods to the place of importation [Includible in terms
of rule 10(2)(a) of CVR]
Insurance [1.125% of sum of FOB value of the goods in terms of third proviso to 11.25
rule 10(2) of CVR]
Assessable value [CIF value] 1,071.25
Assessable value rounded off 1,071
Case IV
Particulars US $
FOB value plus sea freight and loading, unloading and handling charges associated 1,060
with the delivery of the imported goods to the place of importation
Add: Insurance [1.125% of sum of FOB value of the goods and sea 11.925
Case V
Particulars US $
FOB value 1,000
Add: Cost of air transport, loading, unloading and handling charges associated with 200
the delivery of the imported goods to the place of importation is restricted to 20%
of FOB value when transportation of goods is through air [Fifth proviso to rule
10(2) of CVR]
Cost of insurance 10

Chapter 4: Valuation : Multiple Choice Question
1. Social welfare surcharge is levied at the rate of:
a.10% of assessable value + basic custom duty
b.10% of basic custom duty + additional custom duty
c.10% of basic custom duty
d.10% of assessable value
Ans:- c
2. As per section 14(1) of Customs Act, transaction value means:
a. Price paid to the seller of imported goods
b. Price paid by the buyer of export goods
c. Both a & b above
d. Price actually paid or payable for goods
Ans:- d
3. In case of imported goods, transaction value also includes:
a. Commission and brokerage
b. Cost of transportation at the place of importation

c. Landing charges at the Indian port
d. Only b & c above
Ans:- a
4. In case of imported goods, the conversion from foreign currency to Indian currency shall be done
with reference to the rate of exchange prevalent on the date of:
a. Filing bill of entry for clearance from warehouse for home consumption u/s 68
b. Filing bill of entry for home consumption u/s 46
c. Filing bill of entry warehousing u/s 46
d. Either b or c above
Ans:- d
5. Which of the following agency/agencies can notify the exchange rates?
a. Central Board of Indirect Taxes & Customs
b. The Reserve Bank of India
c. Foreign Exchange Dealers’ Association of India
d. All of the above
Ans:- d
6. The tariff values for any class of imported goods or export goods may be fixed by:
a. Central Board of Indirect Taxes and Customs
b. Central Board of Excise and Customs

c. Central Board of Direct Taxes
d. None of above
Ans:- a
7. The board fixes tariff value for goods imported by Mr. Palash but he filed the bill of entry on the
basis of transaction value. The customs officer rejected the bill of entry of Mr. Rohan on the
contention that transaction value cannot be accepted for those goods for which board had given tariff
value. State whose contention is valid as per the provision of law.
a. contention of Officer is invaild
b. contention of Officer is vaild
c. contention of Mr. Palash is vaild
d. Both a & c of the above
Ans:- b
8. Platinum Ltd. imported some goods from Canada. The tariff value notified for such goods by the
board was ₹ 527000 and the transaction value was ₹520000. State the value to be taken by
Platinum Ltd. for the purpose of customs valuation.
a. ₹ 527000
b. ₹ 520000
c. Either a or b above
Ans:- a

9. Mr. Avdhesh enters into contract with the supplier of USA to purchase goods after 4 months. The
contract price was ₹ 800000. Due to recession in international market the price of the goods reduced
to ₹ 650000. The special discount offered by the seller to Mr. Avdhesh was ₹ 50000. Such special
discount is not offered generally to all the buyers. Identify the transaction value to be declared by
Mr. Avdhesh in his bill of entry.
a. ₹ 800000
b. ₹ 750000
c. ₹ 650000
d. ₹ 600000
Ans:- b
10. Adjustments in transaction value as per rule 10 includes:
i. Free assistance by the buyer in the form goods or services
ii. Moulds and dies supplied at reduced cost by the buyer
iii. Buying commission paid to local agent
iv. Engineering and design work undertaken in India
v. Transport charges paid as a condition of sale by the buyer on behalf of the seller.
Choose the correct alternative
a. i, ii, iii
b. All of the above except (iv)Above
c. All of the above except (iii) Above
d. All of the above except (iii) & (iv) above

Ans:- d
11. Which of the following is not included in transaction value?
i. Commission paid to canalizing agent
ii. Buying commission paid to local agent
iii. Cost of container which is non- returnable
iv. Engineering and art work undertaken in India
v. Dividend distributed by the seller to the buyer
a. i, ii, iii
b. ii, iv & v above
c. ii, iii & iv above
d. i & iii above
Ans:- b
12. Ajanta Ltd. imported wrist watches from USA for ₹ 15 lakhs. The cost of transport through vessel
is not ascertainable but the sum of free on board value of the goods and the cost of insurance is ₹
15.35 lakhs. Calculate the cost of transport in case of Ajanta Ltd.
a. ₹ 2.5 lakhs
b. ₹ 3 lakhs
c. ₹ 3.07 lakhs
d. ₹ 2.56 lakhs
Ans:- c

13. If cost of transport, loading unloading & handling charges is not ascertainable, then such cost
shall be:
a. Nil
b. 20% of FOB value of goods
c. 20% of FAS value of goods
d.20% of CIF value of goods
Ans:- b
14. Cost of insurance shall be........... where actual amount of insurance is not ascertainable but the
sum of free on board value of the goods and the cost referred to clause (a) of rule 10(2) is
ascertainable. Fill in the blank
a.20% of FOB cum transport value of goods
b.1.125% of FOB value of goods
c.20% of FOB value of goods
d.1.125% of FOB cum transport value of goods
Ans:- d
15. In case of import of goods by sea route, FOB cum transport value is ₹ 20 lakhs,where actual cost
of transport & cost of insurance is ₹ 1.5 lakh & ₹ 0.5 respectively. The cost of insurance includible
in transaction value is:
a. Actual cost i.e. ₹ 0.5 lakh

b.1.125% of FOB i.e. ₹ 0.208 lakh
c.1.125% of FOB cum transport i.e. ₹ 0.225 lakh
d.20% of FOB cum transport i.e. ₹ 4 lakhs
Ans:- a
16. The cost of transport referred to in clause (a) of rule 10(2) includes:
a. Ship demurrage charges of normal vessels
b. Ship demurrage charges of vessels from which goods are not cleared with 30 days
c. Ship demurrage charges of charted vessels
d. All of the above
Ans:- c
17. Mr. Kumar imported storage tanks from China. The goods were loaded on big mother vessels. Due
to non- availability of berth on Mumbai port Mr. Kumar brought the goods on the dock by small
boats. State whether Mr. Kumar can include such cost incurred on small boats in his transaction
value (T.V.).
a. Yes, such cost is includible in T.V.
b. No, such cost is excludible from T.V.
c. No, such cost is includible subject to some condition
d. Yes, such cost is includible in T.V. with the prior permission of the proper officer
Ans:- a
18. In case of sale of goods to a related party, transaction value is accepted where:

a. the relationship does not influence the price
b. the declared value of the goods closely approximates to the transaction value of identical or
similar goods to unrelated buyer in India
c. the declared value of the goods closely approximates to the deductive or computed value
for identical or similar goods
d. All of the above
Ans:- d
19. Rio Ltd. USA holds 61% share in Jio Ltd. India. Rio Ltd. supplied some goods to Jio Ltd. through
vessel at ₹ 45 lakhs on FOB basis. The identical goods were sold to an unrelated party Trio Ltd.
India at ₹ 42 lakhs on FAS basis. The officer can:
a. Accept the transaction value as relationship did not influence the price
b. Reject the transaction value as buyer and seller are related
c. Reject the transaction value as sale to unrelated buyer is at lower price
d. Both b & c above
Ans:- a
20. In the context of imported goods, “Identical goods” means goods which are same in respect of:
a. Physical characteristics of imported goods
b. Quality of imported goods

c. Reputation of imported goods
d. All of the above
Ans:- d
21. For the purpose of valuation rules, in case of identical or similar goods,choose the correct
alternative from the following:
a. Produced in the same country in which goods being valued were produced
b. Produced by the same manufacturer or producer
c. Produced by different manufacturer or producer, where no such goods were available from same
person
d. All of the above
Ans:- d
22. If the imported goods are sold in India for which value of similar or identical goods is not
available at or about the same time, then the value shall be based on the earliest date after
importation but before the expiry of:
a. thirty days after such importation
b. sixty days after suchimportation
c. ninety days after such importation
d. ninety days before such importation
Ans:- c

23. For the purpose of deductive value, unit price is the price at which greatest aggregate quantity
sold to person who are:
a. related to the sellers in India
b. importer
c. not related to the sellers in India
d. All of the above
Ans:- c
24. Mr. Vasu imported iron bars from Egypt but the value cannot be determined under rules 4 to 8
of customs valuation rules, then value of such imported goods shall be determined using ..........
a. Residual Method
b. Reasonable means
d. None of above
Ans:- c

Chapter – 5 Baggage
Q 1. What is the relevant date for determination of rate of duty under the Customs Act, 1962 in the case
of clearance of baggage? (Practice Manual; Exam Question, Nov 2005)
Ans: 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.
Q 2. Examine the correctness of the following statements under Customs.
Import of LCD TV is allowed as part of free Baggage allowance under Baggage Rules, 1998.
Ans: The said statement is Incorrect. With effect from 26.08.2013, Annexure 1 to the Baggage Rules, 2016
which specifies the items that cannot be allowed duty free clearance as part of free baggage
allowance has been amended vide Notification No. 84/2013 to include Flat panel (LCD/LED/Plasma)
Television therein Therefore, import of flat panel (LCD/LED/Plasma) television as part of free
baggage allowance has been disallowed from August 26 2013.
Q 3. Mr. Nirvaan, an Indian resident, aged 40 years, returned to India on India on 10-02-2017 after visiting
England. He had been to England on 01-02-2017. On his way back to India he brought following
goods with him –
• Personal effects like clothes etc, valued at Rs. 2,00,000
• 1 litre of Wine worth Rs. 10,000
• Sound System worth Rs. 50,000
• A Mobile worth Rs. 20,000
What is the customs payable? Would your answer differ if Mr. Nirvaan the tourist foreign origin

Ans: Computation of Duty:
Taxable Value
Particulars
(in Rs.)
1. Personal Effects Nil
2. Others
1 litre of Wine 10000
Sound System 50000
30000
Mobile 20000
Total 80000
Less : Free Limit (50000)
Duty @ 38.5% 11,550
If Mr. Nirvaan is the tourist of foreign origin then duty free limit is 15,000
Therefore Duty payable = (80,000 – 15,000) × 38.5% = 11,550
Note:
If passenger is coming from country other than Nepal, Bhutan & Myanmar personal effect
allowed duty free. Other – Duty free limit is 50,000/-
Q 4. Mr. Sujoy, an Indian entrepreneur, went to London to explore new business opportunities on
01.04.2016. 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 15.04.2017:
(a) used personal effects worth ` 80,000,
(b) 2 Music system worth Rs. 50000 each
(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?
Ans: 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 duty articles in his bona
fide baggage, that is to say, used personal effects and travel souvenirs; and articles [other
than certain specified articles], up to 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 Jewellery brought by
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.
Q 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?
Ans: 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.
(ii) Articles [other than certain specified artcles] upto a value of Rs. 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.
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].
Accordingly, there will be no customs duty on used personal effects (worth Rs. 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 Rs. 52,000
– Rs. 50,000 = Rs. 2,000.
Effective rate of duty for baggage = 38.5% [including social welfare surcharge @10%]
Therefore, total customs duty = Rs. 770

Chapter 5 : Baggage : Multiple Choice Questions
1. Mr. Kabir of 25 years imported a laptop from USA for ₹ 25000 as baggage.
Calculate the amount of custom duty payable by Mr. Kabir.
a. ₹ 8750
b. ₹ 27500
c. ₹ 25000
d. No duty is payable as exemption is available on one laptop
Ans:- d
2. If a passenger of Indian Origin arriving from Bangladesh and carrying articles
other than mentioned in Annexure-I as baggage then the free allowance limit is upto ₹:
a. No limit is specified
b. 15000
c. 50000
d. 35000
Ans:- c
3. Mr. John, tourist of foreign origin imported articles other than those mentioned in Annexure-I by
land Route from Bhutan valuing ₹ 5 lakhs. State the free allowance limit available to Mr. John
a. No benefit

b. ₹ 15000
c. ₹ 50000
d. ₹ 35000
Ans:- a
4. Identify the rate of custom duty applicable on articles imported within the limit specified in
Annexure-I
a.35%
b.38.5%
c.0% (100% custom duty + 10% SWS)
d. Exempted from custom duty
Ans:- b
5. Which of the following items are leviable to customs duty at the rate of 110% (including 10%
SWS)?
a. Cartridges of fire arms exceeding 50
b. Cigars exceeding 25
c. Alcohol & wines in excess of 2 liters
d. All of the above
Ans:- d

6. 20 Cigars of ₹ 50000 were imported by Mr. Adnan from UK. Calculate the
amount of custom duty payable by Mr. Adnan
a. ₹50000
b. ₹ 55000
c. ₹ 19250
d. No import duty payable
Ans:- d
7. Mrs. Ambani resident of India, returned back to India after residing in Dubai for a period of six
months. State the limit upto which she can bring jewelry with herself without duty while returning to
India.
a. 40 grams
b. ₹ 100000
c. Lower of a or b above
Ans:- d
8. Mr. Aamir resident of India, returned back to India from UK after 2 years of
stay and brought jewelry of ₹ 55000 ( 18 grams). Duty payable by Mr. Aamir:
a. Nil
b. ₹ 1925

c. ₹ 1750
d. ₹ 1803
Ans:- b
9. Value of personal computer is ₹ 1,10,000 and personal effects is ₹ 60,000 and duty free allowance
is ₹ 1,00,000 as per rule 6 of baggage as Passenger permanently transferring his residence after 9
month of stay In abroad. The value of baggage liable to duty will be:
a. ₹50,000
b. ₹ 60,000
c. ₹ 70,000
d. ₹ 10,000
Ans:- d
10. Mr. Sumit an Indian Passenger, permanently transferring his residence from Australia after 7
months of stay. Mr. Sumit will be allowed to bring duty free articles such as personal and household
articles, other than those mentioned in Annexure-I or Annexure-II but including articles mentioned in
Annexure-III, upto an aggregate value of:
a. ₹50,000
b. ₹ 55,000
c. ₹ 60,000
d. ₹ 1,00,000
Ans:- d

Chapter 6 – Warehousing
Q 1. Vipul imported certain goods in May, 20XX. An ‘into Bond’ bill of entry was presented on
14th May, 20XX and goods were cleared from the port for warehousing. Assessable value on
that date was US $ 1,00,000. The order permitting the deposit of goods in warehouse for 4
months was issued on 21st May, 20XX. Vipul deposited the goods in warehouse on the same
day but did not clear the imported goods even after the warehousing period got over on 21st
September, 20XX.
A notice was issued under section 72 of the Customs Act, 1962, demanding duty and interest.
Vipul cleared the goods on 14th October, 20XX. Compute the amount of duty and interest
payable by Vipul while removing the goods on the basis of the following information:
14-05- 21-09- 14-10-
Particulars
20XX 20XX 20XX
Rate of exchange per US $ (as

Rs. Rs.
notified by Central Board of Rs. 65.20
65.40 65.50
Indirect taxes & Customs)
Basic Custom Duty 15% 10% 12%

Integrated Tax leviable under section 3(7) of the Customs Tariff Act is exempt.
Ans: Computation of import duty payable by Vipul
Particulars Amount (US $)
Assessable value 100000
Value in Indian currency (US $ 1,00,000 x Rs. 65.20) [Note 1] 6520000
Customs duty @ 10% [Note 2] 6,52,000
Add: Social Welfare Charges @ 10% on Rs. 652000 Rs. 65,200
Total Custom Duty Payable Rs. 7,17,200

Notes:
1. As per third proviso to section 14(1) of the Customs Act, 1962, assessable value has to be
calculated with reference to the rate of exchange prevalent on the date on which the into
bond bill of entry is presented for warehousing under section 46 of the Customs Act, 1962.
2. Goods which are not removed within the permissible period are deemed to be improperly
removed in terms of section 72 of the Customs Act, 1962 on the day they should have been
removed [Kesoram Rayon v. CC 1996 (86) ELT 464 (SC)]. The applicable rate of duty in

such a case is the rate of duty prevalent on the last date on which the goods should have
been removed.
As per section 61(2) of the Customs Act, 1962, if goods (not meant for being used in an
100% EOU, STP unit, EHTP unit) remain in a warehouse beyond a period of 90 days from the
date on which the order under section 60(1) is made, interest is payable at such rate as may
be fixed by the Central Government under section 47 [i.e. 15% p.a.], on the amount of duty
payable at the time of clearance of the goods, for the period from the expiry of the said 90
days till the date of payment of duty on the warehoused goods.
Therefore, interest payable will be computed as under:
Particulars
Period of ninety days commencing from the date of order made
19.08.20XX
under 60(1) of the Customs Act, 1962 expires on
No. of days for which interest shall be payable [12 days of August
56 days
+ 30 days of September + 14 days of October]
Interest Payable = Rs. 717200 x 15%x 56/365 days 16,505
Q 2. BL Ltd. imported Super Kerosene Oil (SKO) and stored it in a warehouse. An ex-bond bill of entry
for home consumption was filed and duty was paid as per the rate prevalent on the date of
presentation of such bill of entry; and the order for clearance for home consumption was passed.
On account of highly combustible nature of SKO, the importer made an application to permit the
storage of such kerosene oil in the same warehouse until actual clearance for sale/use. The application
was allowed. However, the rate of duty increased when the goods were actually removed from the
warehouse.
The Department demanded the differential duty. The company challenged the demand. Whether it
will succeed? Discuss briefly taking support of decided case(s), if any.
Ans: Yes, the company will succeed. The facts of the given situation are similar to the case of CCus vs.
Biecco Lawrie Ltd. 2008 (223) ELT 3 (SC) wherein the Supreme Court has held that where duty
on the warehoused goods is paid and out of charge order for home consumption is made by the
proper officer in compliance of the provisions of section 68, the goods allowed to be retained for
storage in the warehouse as permitted under section 49 of the Customs Act are not treated as
warehoused goods and importer would not be required to pay anything more.
Section 49 of the Customs Act, 1962 inter alia also provides that imported goods entered for home
consumption if stored in a public warehouse, or in a private warehouse on the application of the
importer and if the same cannot be cleared within a reasonable time, shall not be deemed to be
warehoused goods for the purposes of this Act, and accordingly the provisions of Chapter IX shall not
apply to such goods.

Q 3. With reference to the recent amendments made in the Customs Act, 1962, examine the validity of
the following statements:
(a) A beneficial owner of imported goods is a person on whose behalf the goods are being imported.
(b) Customs area does not include a warehouse.
(c) Customs station includes international courier terminal.
Ans: The answer to above mentioned questions are given below:
a. The statement is valid. A new section 2(3A) has been inserted in the Customs
Act, 1962 vide the Finance Act, 2017 to define beneficial owner to mean any person on
whose behalf the goods are being imported or exported or who exercises effective control
over the goods being imported or exported.
b. The statement is not valid. The definition of customs area as provided under section
2(11) of the Customs Act, 1962 has been amended vide the Taxation Laws (Amendment)
Act, 2017 to include within its ambit a warehouse too.
The customs area is now defined to mean 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.
c. The statement is valid. The Finance Act, 2017 has included international courier terminal
and foreign post office within the scope of customs station as defined under section 2(13)
of the Customs Act, 1962. As per the amended section 2(13), a customs station means any
customs port, customs airport, international courier terminal, foreign post office or land
customs station.

Q 4. With reference to the recent 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?
Ans: Answer to above mentioned questions are given below:
(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. This scheme is in force w.e.f. 16th November, 2016.
(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 –

Due date of payment of duty, inclusive of
Goods corresponding to bill of entry
Sr. No the period (excluding holidays) as mentioned
returned for payment from
in section 47(2)
1 1st day to 15th day of any month 16th day of that month
16th day till the last day of any month
2 1st day of the following month
other than March
3 16th day till the 31st day of March 31st 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. 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.

Chapter 6 Warehousing: Multiple Choice Questions
1. Any licensed public warehouses can be used for depositing........... goods
a. duty free
b. dutiable
c. exempt
d. import
Ans:- b
2. In a licensed private warehouse, dutiable goods imported by or on behalf of ............ be deposited.
a. Importer
b. Exporter
d. Licensee
Ans:- d
3. Which of the following goods has been notified by the Board to be deposited in the licensed
Special Warehouses?
a. Gold, silver, other precious & semi- precious metals
b. goods to be supplied to duty free shops in customs area
c. Goods to be supplied to foreign privileged person
d. All of the above

Ans:- d
4. If license granted to any warehouse has been cancelled then the goods deposited in such
warehouse shall be removed to another warehouse or be cleared for home consumption within..............
from the date of serving order on the licensee
a. ten days
b. thirty days
c. fifteen days or such extended period as the officer may allow
d. seven days or such extended period as the officer may allow
Ans:- d
5. In case of bill of entry for warehousing, the importer has to execute a bond equal to the sum of
.............. the amount of duty assessed on such imported goods
a. twice
b. thrice
c. either a or b above
d. five times
Ans:-b
6. The period of warehouse available for any Capital goods which are intended to be used in any
100% EOU/ EHTP/ STP or any warehouse wherein manufacture or other operations have been
permitted u/s 65 shall be:
a. 1 year from the date of warehousing order
b. 3 years from the date of warehousing order

c. Till there clearance from warehouse
d. Ninety days from the date of warehousing order
Ans:- c
7. Mr. George imported some goods not being capital goods, which are intended to be used in 100%
Electronic Hardware & Technology Park. Mr. George filed a bill of entry for warehousing u/s 46 and
wants to know the time limit of period available to goods imported by him. Kindly guide Mr. George
as per the provision of law.
a. 3 years from the date of warehousing order
b. till there clearance from warehouse
c. 1 year from the date of warehousing order
d. No such period specified
Ans:- b
8. The period of warehousing is........... from the date of warehousing order for any imported goods
which are not intended to be used in 100% EOU/ EHTP/ STP
a. 180 days
b. 6 months
c. 365 days
d. 1 year
Ans:- d
9. If any warehoused goods other than goods intended to be used in 100% EOU/EHTP/ STP, remains
in warehouse for a period more than ............ from the date of order of warehousing, importer shall be

liable to pay interest at the rate of............. on the amount of duty payable at the time of clearance
of goods.
a. 60 days : 12% p.a.
b. 1 year : 18% p.a.
c. 90 days :15% p.a.
d. 1 year : 15% p.a.
Ans:- c
10. Star Industries imported music instruments from Russia for ₹ 10 lakhs. The proper officer issued
order for clearance of goods for warehousing on 1.1.19. Star Industries cleared goods for home
consumption on 31.12.19 by paying custom duty @ 10%.Calculate the interest payable by Star
Industries as per warehousing provisions.
a. ₹ 15000
b. ₹ 18000
c. ₹ 13562
d. ₹ 11301
Ans:- d
11. Mr. Ketan imported Spare parts of machinery and warehoused those goods. As per the provisions of
customs law, Mr. Ketan can relinquish his title on such warehoused goods upon payment of:
a. Import duty
b. Warehousing interest
c. Penalties if any payable

d. All of the above
Ans:- c
12. Solitaire Pvt. Ltd. cleared its goods stored in warehouse for home consumption before completion
of 90 days by presenting ex-bond bill of entry, but failed to pay the import duty within 2 days of
return of assessed bill of entry by the officer. State the implication of delay in payment of import
duty by Solitaire Pvt. Ltd.
a. Interest is payable @ 15% on the amount of duty
b. No interest will be payable as goods removed from warehouse before 90 days
c. Interest is payable @ 18% on the amount of duty
d. only warehousing interest is payable
Ans:-b
13. Kesoram Rayon deposited his imported goods in customs warehouse but failed to clear those goods
from the warehouse before the expiry of warehousing period. The rate of duty applicable to Kesoram
Rayon will be the rate in force on the date of:
a. Presentation of bill of entry for warehousing
b. Deemed removal i.e. the date on which the warehousing period expires
c. Presentation of bill of entry for home consumption
d. Either b or c above
Ans:- b

14. Mr. Gujral imported certain goods in Jan 2019. An into bond bill of entry was presented on 10th
Jan, 2019. Assessable value was $ 15,00,000. The order permitting the deposit of goods in warehouse
for two months was issued on 15th Jan, 2019. Mr. Gujral failed to clear the imported goods before the
expiry of warehousing period i.e. upto 14th March, 2019. Mr. Gujral did not obtain any extension of
time as well. Mr. Gujral cleared the goods on 30th April,2019.
Date 10.1.19 15.1.19 14.3.19 30.4.19
Basic Customs Duty on above dates : 10% 8% 18% Exempt respectively
Identify the rate of duty applicable on clearance of goods by Mr. Gujral
a. 10%
b. b.8%
c. 18%
d. Exempt
Ans:- c
15. Warehousing without warehousing can also be applicable to stores which are supplied to ............
without payment of import duty
a. vessel
b. aircraft
c. vehicle
d. Both a and b above

Ans:- d
16. Mr. Parag imported some goods and warehoused them in customs bonded warehouse. He can avail
the facility of warehousing without warehousing only if:
a. He makes and subscribes to a declaration that the goods are to be supplied as stores to vessel/
aircraft
b. He makes and subscribes to a declaration that the goods are to be supplied as stores to vehicle
c. Both a and b above
d. No such facility is available to importer
Ans:- a
17. M. J. Exports Pvt. Ltd. wants to export the goods imported by them and on which import duty
has been paid. State the treatment of import duty paid at the time of importation by M. J. Exports
Pvt. Ltd.
a. Duty paid on their import shall be repaid as refund
b. Duty paid on their import shall not be repaid as refund
c. Duty paid on their import shall be repaid as drawback
d. Either a or c above
Ans:- c

18. Sahara India Ltd. imported fuel and lubricant oil from Iran for use in foreign going aircraft by
paying Import duty thereon. State the percentage at which the drawback is repaid to Sahara India
Ltd.
a. 98% of import duty paid on such goods
b. 100% of import duty paid on such goods
c. 98% of import duty paid on such goods along with other stores
d. 100% of import duty paid on such goods along with other stores
Ans:- b
19. Import duty paid on goods imported by Jet Airways other than fuel and lubricant for a foreign
going vessel is eligible for:
a. Drawback @ 100%
b. Drawback @ 98%
c. Refund @ 100%
d. Refund @ 98%
Ans:- b
20. Which of the following concession are available to the navy in respect of imported stores?
a. Imported stores may be consumed without payment of duty
b. Imported stores supplied to Indian navy are not subject to Import Duty
c. Imported stores taken on board of Indian navy are allowed to 100% duty drawback

d. All of the above
Ans:- d
21. Mr. Raj imported beverages from Dubai and decided to supply such goods as stores to the Indian
Navy.State the option available to Mr. Raj in respect of import duty on such beverages.
a. Beverages can be supplied to the ship of Indian navy without payment of duty
b. if duty paid on beverages which are supplied to ship of Indian Navy then drawback of import duty
paid is available
c. Beverages can be supplied to the ship of Indian navy after payment of basic custom duty
Ans:- d
22. Coastal goods means:
a. Imported goods
b. Goods available in coastal area
c. Other than imported goods
d. All of the above
Ans:- c

Chapter 7 – Duty Drawback
Q 1. Write a short note on “prohibition and regulation of drawback” with reference to the provisions of
section 76 of the Customs Act, 1962.
Ans: The provisions in respect of prohibition and regulation of drawback as contained in section 76 of
the Customs Act, 1962 are explained hereunder:
(1) No drawback is allowed in respect of any goods, the market price of which is less than the amount
of drawback due thereon. This provision has been made to prohibit export of cheap goods at
inflated price to get benefit of higher duty drawback. Further, drawback is also not allowed where
the amount of drawback in respect of any goods is less than ` 50.
(2) If the Central Government is of the opinion that goods of any specified description in respect of
which drawback is claimed are likely to be smuggled back into India, it may, not allow drawback in
respect of such goods or alternatively allow the drawback subject to certain restrictions and
conditions.
Q 2. Explain briefly the provisions relating to drawback allowable on re-export of duty paid imported
goods when:
(i) Duty paid imported goods are re-exported as such
(ii) Duty paid imported goods are used before being re-exported
Ans: (i) Duty paid imported goods re-exported as such

When duty paid goods are re-exported as such, drawback is allowed under the provisions of section
74(1) of the Customs Act, 1962. Sub- section (1) of section 74 of the Customs Act, 1962 provides
that following conditions need to be satisfied before claiming drawback:
 the goods should have been imported into India;
 the import duty should have been paid thereon;
 the goods should be capable of being easily identified as the goods, which were originally imported;
 the goods should have been entered for export either on a shipping bill through sea or air or on a bill
of export through land, or as baggage, or through post and the proper officer, after proper
examination of the goods and after ensuring that there is no prohibition or restriction on their export,
should have permitted clearance of such goods for export;

 the goods should have been identified to the satisfaction of the Assistant or Deputy Commissioner of
Customs as the goods, which were imported, and
 the goods should have been entered for export within two years - which can be extended further
by Board on sufficient cause being shown - from the date of payment of duty on the importation
thereof.
Once these conditions are satisfied, then 98% of the import duty paid on such goods at the time of
importation shall be repaid as drawback.
(ii) Duty paid imported goods re-exported after being used
When duty paid imported goods are used before re-export, drawback is allowed under the
provisions of section 74(2) of the Customs Act, 1962. If the imported goods are used after
importation, the drawback is allowed at reduced rates as fixed by the Central Government having
regard to the duration of use, depreciation in value and other relevant circumstances prescribed by
a Notification. If the goods were in possession of the importer, they are treated as used by the
importer. Following percentages have been fixed vide Notification No. 19/65-Cus dated 6-2-1965 as
amended as the rates at which drawback of import duty shall be allowed in respect of goods which
were used after their importation and which have been out of Customs control:
Length of period between the date of clearance for home Percentage of
Sr No. consumption and the date when the goods are placed under import duty to be
Customs control for export paid as Drawback
1 Not more than three months 95%
2 More than three months but not more than six months 85%
3 More than six months but not more than nine months 75%
4 More than nine months but not more than twelve months 70%
5 More than twelve months but not more than fifteen months 65%
6 More than fifteen months but not more than eighteen months 60%
7 More than eighteen months Nil
Q 3. Can the rate of drawback be granted provisionally to the exporter where amount or rate of
drawback has not been determined? Briefly explain.
Ans: The exporter may be granted provisional duty drawback when he executes a bond binding himself to
repay the entire or excess amount of drawback. Where an exporter desires that he may be granted
drawback provisionally, he may make an application in writing to the Principal Commissioner of
Central Excise or Commissioner of Central Excise, as the case may be or the Principal
Commissioner or Commissioner of Customs and Central Excise that a provisional amount be granted
to him towards drawback on the export of such goods pending determination of the final amount of
drawback. The exporter may be allowed provisional duty drawback of an amount not exceeding the
amount claimed by him in respect of such export.

However, it is to be noted that rate of drawback is determined provisionally only when exporter
intends to get Brand Rate of duty drawback for his exports. The provision has no applicability when
exporter intends to get duty drawback on the basis of All Industry Drawback Rates.
Q 4. Write a short note on “interest on drawback” with reference to section 75A of the Customs Act,
1962.
Ans: Refer Relevant para in Main Book
Q 5. What is the minimum and maximum rate or amount of duty drawback prescribed under the
Customs & Central Excise Duties Drawback Rules, 2017? Explain with a brief note.
Ans: Minimum rate of duty drawback - Rule 8 of Customs and Central Excise Duties Drawback Rules,
2017 provides that no amount or rate of drawback shall be determined in respect of any goods or
class of goods under rule 6 or rule 7, as the case may be, if the export value of each of such goods
or class of goods in the bill of export or shipping bill is less than the value of the imported
materials used in the manufacture of such goods or class of goods, or is not more than such
percentage of the value of the imported materials used in the manufacture of such goods or class
of goods as the Central Government may, by notification in the Official Gazette, specify in this
behalf.
Maximum rate of duty drawback - Rule 9 of Customs and Central Excise Duties Drawback Rules,
2017 provides that the drawback amount or rate shall not exceed one third of the market price of
the export product. This provision has been made to avoid over invoicing of export goods.
Q 6. Your client loaded a machine on the vessel for export. He has paid import duty and central excise
duty on the components used in the manufacture. The vessel set sail from Mumbai, but runs into
trouble and sinks in the Indian territorial waters. The customs department refuses to grant duty
drawback for the reason that the goods have not reached their destination. Advise your client
citing case law, if any.
Ans: Rule 2(c) of the Customs and Central Excise Duties Drawback Rules, 2017 inter alia provides that
"export" means "taking out of India to a place outside India". Section 2(27) of the Customs Act,
1962 provides that India includes the territorial waters of India.
In case of CC v. Sun Industries 1988 (35) ELT (241), the Supreme Court held that the expression
“taking out of India to a place outside India” would also mean a place in high seas, if that place is
beyond territorial waters of India. Therefore, the goods taken out to the high seas outside territorial
waters of India would come within the ambit of expression “taking out of India to a place outside
India”. The emphasis in the aforementioned judgment was on the movement of the goods outside
the territorial waters of India. It is then that an export may be said to have been taken place. In
the instant case, the vessel sunk within territorial waters of India and therefore, there is no export.
Accordingly, no duty drawback shall be available in this case. Similar decision was given by the
Supreme Court in the case of UOI v. Rajindra Dyeing & Printing Mills Ltd. 2005 (180) ELT 433

(SC). In other words, if the goods cross the territorial waters, drawback will be available even if they
do not reach the destination or are destroyed provided the payment for the goods is received in
convertible foreign exchange. Para 2.85.2 of HBP Vol. 1 2015-20 states that payment through
insurance cover from General Insurance and approved Insurance Companies would be treated as
payment realised for exports under various export promotion schemes.
Q 7. M/s. RIL Ltd. claimed duty drawback in respect of its export products. Over 97% of the inputs by
weight of the product were procured indigenously and were not excisable. All Industry Rates under
the Customs & Central Excise Duties Drawback Rules, 1995 were fixed taking into account the
incidence of customs duty on imported inputs.
Explain briefly with reference to clause (ii) of second proviso to rule 3 of the said rules whether
the claim of M/s. RIL will merit consideration by the authorities.
Ans: Clause (ii) of second proviso to rule 3(c) of the Customs and Central Excise Duties Drawback
Rules, 2017 inter alia provides that no drawback shall be allowed if the exported goods have been
produced or manufactured using imported materials or excisable materials or taxable service in
respect of which duties or taxes have not been paid.
In the given case, there was no duty incidence on 97% of the inputs of the export product except
the duty incidence on remaining 3% of the inputs, which was insignificant. All Industry Rates fixed
for particular export products are applicable to all exporters who export the same. However, in a case
where there is clear evidence, as in the present one, that the inputs of such export products have
not suffered any duty, no drawback can be claimed. Same view was expressed by the Tribunal in
the case of Rubfila International Ltd. v. CCus. Cochin 2005 (190) ELT 485 (Tri.-Bang.)
[maintained in Rubfila International Ltd. v. Commissioner - 2008 (224) E.L.T. A133 (S.C.)].
Q 8. With reference to drawback on re-export of duty paid imported goods under section 74 of the
Customs Act, 1962, answer in brief the following questions:
(a) What is the time limit for re-exportation of goods as such?
(b) What is the rate of duty drawback if the goods are exported without use?
(c) Is duty drawback allowed on re-export of wearing apparel without use?
Ans: (a) As per section 74 of the Customs Act, 1962, the duty paid imported goods are required to
be entered for export within two years from the date of payment of duty on the importation. This
period can be extended by CBIC if the importer shows sufficient reason for not exporting the goods
within two years.
(b) If duty paid imported goods are exported without use, then 98% of such duty is re-paid as
drawback.
(c) Yes, duty drawback is allowed when wearing apparels are re-exported without being used.
However, Notification No. 19/65 Cus dated 06.02.1965 as amended provides that if wearing apparels

have been used after their importation into India, drawback of import duty paid thereon shall not
be allowed when they are exported out of India.
Q 9. With reference to the Customs & Central Excise Duties Drawback Rules, 2017, briefly state whether
an exporter who has already filed a duty draw back claim under All Industry Rates, can file an
application for fixation on special brand rate.
Ans: Rule 7 of the Customs and Central Excise Duties Drawback Rules, 2017 provides that application for
Special Brand Rate cannot be made where a claim for drawback under rule 3 or rule 4 has been
made.
In other words, where the exporter has already filed a duty drawback claim under All Industry Rates
(AIR) Schedule, he cannot request for fixation of Special Brand Rate of drawback. Thus, the
exporter should determine prior to export of goods, whether to claim drawback under AIR or Special
Brand Rate.
Q 10. Calculate the amount of Drawback available under section 74 of the Customs Act,
1962 in the following cases :
(a) X imported computers for office use & paid Rs. 5,00,000 as import duty. The computers are re-
exported after 13 months.
(b) Y imported goods for his personal use & paid Rs. 1,00,000 as import duty. Such goods are re-
exported after 3 months 10 days.
(c) Z imported wearing apparel & paid Rs.20,000 as import duty. These are re- exported after 6
months.
Ans: As per the provisions of section 74 of the Customs Act, 1962 –
(a) Since the computers have been taken into use & then re-exported duty drawback shall
be allowed as per section 74(2). 65% of the import duty paid will be allowed as draw
back.
Hence, the amount of drawback = Rs. 5,00,000 * 65 = Rs.3,25,000.
(b) In respect of goods imported by a person for his personal & private use, drawback of
duty shall be equal to the import duty paid in respect of such goods as reduced by 4%,
3%,2.5% & 2% for use for each quarter or part thereof during the period of 1st year , 2nd
year, 3rd year & 4th year respectively . Hence, 92% of the import duty so paid shall be
allowed as drawback. Hence, duty drawback = Rs.1,00,000 * 92% = Rs.92,000
(c) No duty drawback shall be allowed on wearing apparel which has been taken into use
& re- exported.

Chapter 7 Duty Drawback
Multiple Choice Question :
1. The drawback on re-export is allowable on those goods which satisfies the conditions such as:
a. they are originally imported into India
b. duty has been paid at the time of importation
c. goods which are to be re-exported must be easily identified as the same were imported into India
d. All of the above
Ans:- d
2. To be eligible for drawback goods must be exported within ............ from the date of payment of
duty on the importation thereof.
a. One year
b. Two years
c. Three years
d. Five years
Ans:- b

3. The rate of drawback on imported goods which are exported as such other than fuel and lubricant
oil used in aircraft is:
a. 100%
b. 88%
c. 98%
d. 95%
Ans:- c
4. M/s Dinshaws Ltd. Imported refrigerator from Japan and paid import duty thereon. After using it
for a month M/s Dinshaws Ltd. Export that refrigerator. The refrigerator was easily identified as such
by the officer and it was exported within 2 years from the date of payment of import duty. The rate
of drawback on such goods shall be:
a. 98%
b. 100%
c. at such percentage fix by Central Board of Indirect Taxes
d. at such percentage fix by Central Government by notification in official gazette
Ans:- d
5. Mr. Tushar imported ginning machine from Germany and paid import duty thereon. The part of
that machinery was not as per the specification and hence, Mr. Tushar wants to export that part of
the machinery. State whether drawback is available to Mr. Tushar on export of part of machinery.
a. The drawback is available at 98% if exported as such

b. The drawback is available at specified rate if exported after use
c. Drawback is not available, as export of part of machinery is not allowed
Ans:- c
6. Millipore (I) Pvt. Ltd. Imported machinery from Korea and paid import duty thereon. The
machinery was operated once in an exhibition for giving demonstration to the public. After that the
machinery was exported back to Korea. State at what rate drawback will be available to Millipore (I)
Pvt. Ltd.
a. 100%
b. 98%
c. at such rate as may be notify by Central Government in Official Gazette, having regard to duration
of use, depreciation in value and other relevant circumstances.
d. No drawback will be available
Ans:- c
7. Any machinery used in an exhibition for display is not eligible for drawback at the rate of 98% u/s
74(1) but drawback can be claimed u/s 74(2) as goods being used for display in exhibition. State
true or false
a. True
b. False
Ans:- b

8. What is the rate notified by Central Government if the goods are exported after using it for not
more than nine months?
a. 98%
b. 95%
c. 85%
d. 75%
Ans:- d
9. Identify the rate of drawback available to Mr. Sinha on re-export of goods imported for business
use after 13 months from the date of payment of import duty.
a. 98%
b. 85%
c. 65%
d. 70%
Ans:- c

10. Drawback is not available on items such as:
a. Wearing apparel, tea chests, unexposed photographic films, paper and plates and x-ray films &
Exposed cinematograph films duly passed by Censor Board if used
b. Exposed cinematograph films not duly passed by Censor Board
c. Exposed photographic films
d. All of the above
Ans:- a
11. The time limit for re-exportation of goods as such is ........... from the date of payment of import
duty thereon and for claim of drawback must be filed ........ from the date of let export order, if not
extended by AC/ DC
a. 2 years and 3 months
b. 3 years and 2 months
c. within 2 years and within 3 months
d. 2 years and within 2 months
Ans:- c
12. Import duty paid in respect of a motor car by James bond for personal use is ₹ 50000. James
bond uses that motor car for 4 months. Calculate drawback to be allowed in this case.
a. ₹ 46000
b. ₹ 48000
c. ₹ 48500

d. ₹ 47500
Ans:- a
13. Decent Limited. imported 120 computer systems from USA & paid import duty of ₹ 50 lakhs. Due
to mismatch in specification, all the computer systems were returned to the supplier after 7 months
without using them at all. Calculate duty drawback thereon
a. ₹ 44 lakhs
b. ₹ 44.24 lakhs
c. ₹ 49 lakhs
d. ₹ 46 lakhs
Ans:- c
14. The modes of export allowable for drawback u/s 75 are:
a. Post and Cargo
b. Post, Cargo & Baggage
c. Cargo and Baggage
d. Post and Baggage
Ans:- a

15. Which of the following documents are required to be filed along with drawback claim application?
a. Import Invoice
b. Triplicate copy of the Shipping Bill bearing examination report recorded by the proper officer of
the customs at the time of export
c. Copy of Bill of lading or Airway bill
d. All of the above
Ans:- d
16. An exporter who has already filed duty drawback claim under All Industry Rate cannot file an
application for fixation of .............., if AIR is declared at 90% of duty paid.
a. Brand Rate
b. Special Brand Rate
c. Both a & b above
d. Reduced rate
Ans:- c
17. Application fees required to be paid by an exporter applying for special brand rate or brand rate is:
a. ₹ 1000
b. 1% of FOB
c. 1% of FOB or ₹ 1000 whichever is lower
d. Higher of a or b above
Ans:- c

18. Mr. Somesh has exported 2000 pairs of footwear at ₹ 1500 per pair and applied for drawback. The
FOB value is ₹ 30 lakhs. The drawback is allowed @ 10% of FOB value subject to maximum of ₹
55 per pair. Calculate the drawback amount.
a. ₹ 300000
b. ₹ 110000
c. ₹ 82500
d. No drawback will be allowed
Ans:- b
19. The time limit for payment of drawback to the claimant without interest is within .......... from the
date of filing a claim for payment of such drawback
a. Three months
b. One month
c. 90 days
d. 30 days
Ans:- b
20. Mr. Kunal was erroneously refunded a sum of ₹ 10000 which was payable to Mr. Ketan on 1.1.18.
The same was returned to the Department on 15.4.18. Calculate the interest amount payable by Mr.
Kunal
a. ₹ 500

b. ₹ 438
c. ₹ 432
d. ₹ 518
Ans:- c
21. Drawback shall not be allowed where:
a. the market price is less than the amount of drawback on any goods
b. the drawback amount on any goods is less than fifty rupees
c. the Central Government is of the opinion that goods are likely to be smuggled back into India
d. All of the above
Ans:- d
22. The relevant date in case of filing refund claim may be any one of the following:
a. Date of let export order
b. Date of abandonment of goods
c. Date of destruction of goods State true or false
a. True
b. False
Ans:- a

Chapter – 8 Demand, Recovery and Refund
Q 1. State the situations in which the proper officer can issue a show-cause notice under section
28 of the Customs Act, 1962 and also the time limit for such issuance.
Ans: As per section 28(1) of the Customs Act, 1962, the proper officer can issue show cause
notice in the following situations:
(i) when duty has not been levied
(ii) when duty has been short-levied
(iii) when duty has been short paid
(iv) when duty has not been paid
(v) when duty has been erroneously refunded
(vi) when interest payable has not been paid
(vii) when interest payable has been part paid
(viii) when interest payable has been erroneously refunded
Time Limit for issue of show-cause notice
a) For any reason other than the reasons of collusion or any willful mis- statement or
suppression of facts– within two years from the relevant date [section 28(1)].
However, before issuing notice, the proper officer shall hold pre- notice consultation with the
person chargeable with duty or interest in the prescribed manner.
b) In the case of collusion or any willful mis-statement or suppression of facts by the importer
or the exporter or the agent or employee of the importer or exporter-within five years from
the relevant date [section 28(4)].
Relevant date means –
• in a case where duty is not levied or interest is not charged, the date on which the
proper officer makes an order for the clearance of goods;
• in the case of provisional assessment, the date of adjustment of duty after the final
assessment;
• in case of erroneous refund of duty or interest, the date of refund
• in any other case, the date of payment of duty or interest.

Q 2. Explain briefly the option available to an importer or exporter or their agent or employee under
sub-section (5) of section 28 of the Customs Act, 1962
Ans: Section 28(5) of the Customs Act provides an option to an importer or an exporter or the agent
or employee of the importer or exporter to whom a notice has been served by the proper officer
for short/non levy or short/non payment of duty or non charging/part payment of interest or
erroneous refund of duty and interest by reason of collusion or any willful mis-statement or
suppression of facts.
If such a person pays the duty in full or in part as may be accepted by him including the
interest payable thereon under section 28AA and penalty within 30 days of the receipt of the
notice, the penalty will be reduced to 15% of the duty specified in the notice or the duty so
accepted by that person. The person should also inform the proper officer about such
payment in writing.
According to provisions of section 28(6), where in the opinion of the proper officer duty is paid
in full together with the interest and penalty under sub-section (5), the proceedings in respect
of such persons to whom notice is served shall be deemed to have been concluded in respect
of the matters stated therein. On the other hand, where in the opinion of the proper officer
the duty with interest and penalty that has been paid falls short of the amount actually
payable, then, the proper officer shall proceed to issue the notice as provided in section
28(1)(a) in respect of such amount which falls short of the amount actually payable within
two years from the date of receipt of information under section 28(5).
Relief from penalty is provided to facilitate early closure of dispute which will, in turn, reduce
litigation.
Q 3. A show cause notice demanding customs duty was issued in case of clearances made by 100%
Export Oriented Undertaking (EOU) to Domestic Tariff Area (DTA). Is the show-cause notice
defective in law?
Ans: Yes, the show cause notice issued is defective in law because in respect of clearances made
by a 100% Export Oriented Undertaking (EOU) to Domestic Tariff Area, the duty to be paid by
the 100% EOU is the duty of excise and not customs duty. Therefore, show cause notice using
the word customs duty instead of central excise duty is not maintainable.
Similar view was expressed in the case of CCE v. Suresh Synthetics (2007) 216 ELT 662 (SC).
It may be noted that excise duty chargeable on goods cleared by 100% EOUs in DTA, is
equivalent to the aggregate of the customs duties which would be leviable under the Customs
Act or any other law for the time being in force on like goods manufactured outside India if
imported into India.
Note: The above case law may hold good even after the introduction of GST as
GST[(CGST+SGST)/IGST] and customs duties are different.

Q 4. M/s. Vijay Exports, an EOU, is purchasing electricity generated by the captive power plant of
its sister unit. The furnace oil required for running the captive power plant was imported by the
assessee (M/s. Vijay Exports) and supplied to sister unit for generation of electricity. The
assessee claimed exemption on import of furnace oil under the relevant exemption notification.
The assessee had sought a clarification from the Development Commissioner seeking as to
whether import of furnace oil and receipt of electricity would be liable to duty. The
Development Commissioner replied in favour of the assessee and thereafter, the assessee
claimed the exemption.
A show cause notice demanding duty was issued on the assessee invoking extended period of
limitation of 5 years on grounds that the entitlement of duty free import of fuel for its captive
power plant lies with the owner of the captive power plant, and not with the consumer of
electricity generated from that power plant.
Is the action of the Department in invoking the extended period of limitation justified in light
of the provisions of the Customs Act, 1962? Discuss with the help of a decided case law.
Ans: The facts of the given case are similar to the case of Uniworth Textiles Ltd. vs. CCEx. 2013
(288) ELT 161 (SC), wherein the Supreme Court noted that section 28 of the Customs Act,
1962 clearly contemplates that for invoking extended period of limitation, the intention to
deliberately default is a mandatory pre-requisite.
However, the assessee acted bona fide and claimed exemption by seeking clarification from the
Development Commissioner. Hence, it could be inferred that assessee made efforts to adhere to
the law rather than its breach.
The Apex Court held that mere non-payment of duties could not be equated with collusion or
wilful misstatement or suppression of facts as then there would be no form of non-payment
which would amount to ordinary default. Something more must be shown to construe the acts
of the assessee as fit for applicability of extended period of limitation.
Therefore, in view of the above-mentioned ruling of the Supreme Court, the action of the
Department of invoking extended period of limitation is not justified in the light of the
provisions of the Customs Act, 1962.

Q 5. Mr. X, an importer, imported certain goods on 20.04.20XX and paid custom duty by understating
the value of goods imported. A show cause notice was issued on Mr. X by the proper officer on
19.08.20XX demanding duty along with interest and penalty on the value of the goods understated.
The said notice was received by Mr. X on 24.08.20XX. Mr. X deposited the amount of duty and
interest along with penalty that should be payable as per provisions of law on 20.09.20XX. With
reference to section 28 of the Customs Act, 1962, compute the penalty imposable, if any. Provide
reasons for your answer.
Ans: The proviso to section 28(2) of the Customs Act, 1962 lays down that where notice under
section 28(1)(a) has been served for short/non levy or erroneous refund of duty or interest, for
reason other than the reasons of collusion or any wilful mis-statement or suppression of facts;
penalty will not be imposed if the proper officer is of the opinion that amount of duty along
with interest leviable under section 28AA or the amount of interest, as the case may be, as
specified in the notice, has been paid In full within 30 days from the date of receipt of the
notice. The proceedings in respect of such person or other persons to whom the notice is
served will be deemed to be concluded.
Further, section 28(5) of the Customs Act, 1962 provides that when a notice is served in
respect of cases involving fraud etc., if the noticee pays the duty in full or in part, as may
be accepted by him, and the applicable interest within 30 days of the receipt of the notice and
inform the proper officer of such payment in writing, the penalty would be reduced to 15% of
the duty specified in the notice or the duty so accepted by him provided such reduced
penalty is also paid by him along with the duty and interest.
In the given case, SCN was received by him on 24.08.20XX and he paid the duty, interest
and the applicable penalty on 20.09.20XX, which is within 30 days of the receipt of the notice.
Therefore, if Mr. X has understated the value of imported goods with a fraudulent intention and
has informed the proper officer of the payment made by him, in writing, in view of the above-
mentioned provisions, penalty leviable on Mr. X will be 15% of the duty specified in the notice.
However, if Mr. X has understated the value of imported goods on account of bona fide
reasons, no penalty will be imposable on him.
Q 6. Explain the provisions of Customs Act, 1962 relating to computation of limitation for submission of
refund application.
Ans: According to section 27(1) of the Customs Act, 1962, a refund claim should be lodged before the
expiry of one year from the date of payment of such duty or interest. The period of limitation of
one year should be computed in the following manner:
(a) If the refund claim is lodged by the importer, the time limit should be
calculated from the date of payment of duty.
(b) If the refund claim is lodged by the buyer of imported goods, the time limit
should be calculated from the date of purchase of goods.

(c) In case of goods which are exempt from payment of duty by an ad-hoc
exemption, the limitation of one year should be computed from the date of
issue of such exemption order.
(d) Where any duty is paid provisionally, the time limit should be computed from
the date of adjustment of duty after the final assessment thereof or in case
of re-assessment, from the date of such re-assessment.
The time limit of one year is not applicable if duty is paid under protest. Finally, it is worth
mentioning that above provisions regarding time limit are mandatory and customs authorities
cannot grant a refund which is filed beyond the maximum permissible period.
Q 7. The assessee furnished bank guarantee to the department as required, and imported capital goods
at concessional rate of duty under an authorisation with export obligation, but failed to complete
the export obligation within the prescribed time. Consequently, the Department invoked the bank
guarantee and realized the amount of duty foregone. Subsequently the assessee fulfilled the export
obligation and the same was also accepted by the Department. The assessee filed a refund claim
for the amount realized by the Department under the bank guarantee. The Department rejected the
refund claim on the ground that it was time barred in terms of section 27 of the Customs Act,
1962.
Was the stand taken by the Department correct in law? Examine with the support of case law on
the issue.
Ans: In this case the bank guarantee was for the purpose of security for fulfilment of export obligation.
It cannot be construed as payment of ‘duty’. As section 27 applies only to refund of duty and not
to refund of other amounts, the time bar under the said section cannot be invoked to deny the
refund.
The facts of given case are similar to the facts of CCus. (Exports) v. Jraj Exports (P) Ltd. 2007
(217) ELT 504 (Mad.). The High Court, in the instant case, held that furnishing of bank guarantee
for export obligation could not be regarded as payment of duty; therefore time-bar was not applicable
for its return.
The High Court relied on the Supreme Court’s ruling in the case of Oswal Agro Mills Ltd. and
Another v. Asstt. Collector of Central Excise 1994 (70) ELT 48 (SC), wherein it was held that
furnishing of bank guarantee pursuant to an order of the Court would not be equivalent to payment
of excise duty. The furnishing of bank guarantee is only a security to safeguard the interest of the
Revenue. Since section 27 governs the refund of ‘duty’, and the bank guarantee is not ‘duty’, the
limitation prescribed therein for refund of duty would not apply to refund of a bank guarantee.

Applying the principle laid down in the abovesaid case, the High Court stated that the requirement to
establish that the duty incidence had not been passed on by the assessee to any other person would
also not get attracted since section 27 has no application to this case. Therefore, the stand of the
Department is not correct in law.
Q 8. M/s. HIL imports copper concentrate from different suppliers. At the time of import, the seller
issues a provisional invoice and the goods are provisionally assessed under section 18 of the
Customs Act, 1962 based on the invoice. When the final invoice is raised, based on the price
prevalent in the London Metal Exchange on a predetermined date as agreed in the contract
between the buyer and seller, the assessments are finalized on the basis of the price in such
invoices. M/s HIL has filed a refund claim arising out of the finalization of the bill of entry by the
authorities. The Department, however, has rejected the refund claim on the grounds of unjust
enrichment. Discuss whether the action of the department is correct in law?
Ans: Section 18 (dealing with provisional assessment) incorporates the principle of unjust enrichment in
case of refund arising out of finalization of provisional assessment. Sub-section (5) of section 18
of Customs Act, 1962 provides that if any amount is found to be refundable after finalisation of
provisional assessment, such refund will be subject to doctrine of unjust enrichment. Further,
section 28D places the onus on the person who has paid duty to prove that he has not passed on
the incidence of such duty. In the absence of any proof from such person, section 28D deems that
the burden of duty has been passed on to the buyer.
Therefore, in the given case, the Department’s action will be correct if M/s HIL does not produce
any evidence of bearing the burden of duty.
Q 9. XYZ Ltd imported capital goods and used them in its factory to produce goods for sale. Upon
discovery of an error by which excess import duty had been paid on the said capital goods, it filed a
claim for refund. As regards unjust enrichment, it contended –
(a) that the capital goods were not sold and hence the principle of unjust enrichment will not
apply to the refund of import duty paid on capital goods; and
(b) that in any case the price of the finished goods manufactured in the factory remained the
same before and after the import and installation of the capital goods, which is sufficient
proof to establish that duty burden has not been passed on.
Examine the merits of these contentions, with the support of case law, if any.
Ans: The incidence of duty can be passed directly or indirectly. Where the capital goods are used for
manufacture, the duty paid on their import will go into the costing of the goods manufactured and
sold, and can thus be passed on to the buyers. The Large Bench of the Tribunal in the case of SRF
Ltd. v. CCus. Chennai 2006 (193) ELT 186 (Tri. - LB) has held that the doctrine of unjust

enrichment would be applicable in case of imported capital goods used captively for manufacture of
excisable goods. As regards the relevance of the fact that price remained the same before and after
the capital goods were imported,the Larger Bench also clarified that uniformity in price before and
after assessment does not lead to inevitable conclusion that duty burden has not been passed, as
such uniformity may be due to various reasons. In view of this, the contentions of XYZ Ltd are
liable to be rejected.
Q 10. Section 26A of Customs Act, 1962 provides for refund of import duty paid if goods are found
defective or not as per specifications. Discuss the conditions governing such refund in brief.
Ans: Often, goods imported are found to be defective or not according to specifications. In such cases,
earlier, the refund of customs duty paid at the time of import could be obtained only if the imported
goods were physically returned to foreign supplier. Generally, cost of return of the rejected goods is
heavy and it is economical to dispose of the goods in India itself. Realising this practical difficulty,
section 26A of Customs Act makes provision for refund of import duty paid if goods are found
defective or not as per specifications. The refund is admissible if goods are re-exported or relinquished
and abandoned to the customs authorities or destroyed. Thus, refund is possible even if goods are
destroyed or relinquished in India without re-exporting the same. The section stipulates the following
conditions for the refund:
(i) the goods are found to be defective or otherwise not in conformity with the specification agreed
upon between the importer and the supplier of goods;
(ii) the goods have not been worked, repaired or used after importation except where such use
was indispensable to discover the defects or non-conformity with the specifications;
(iii) the goods are identified to the satisfaction of Assistant/Deputy Commissioner of Customs
as the goods which were imported;
(iv) the importer does not claim drawback under any other provision of this Act; and
(v) the goods are exported or the importer relinquishes his title to the goods and abandons them
to customs or such goods are destroyed/rendered commercially valueless in the presence of
proper officer in prescribed manner within 30 days from the date on which the order of
clearance of imported goods for home consumption is made by the proper officer. This period
of 30 days can be extended up to 3 months.
(vi) An application for refund of duty shall be made before the expiry of 6 months from the
relevant date in prescribed form and manner.
(vii) Imported goods should not be such regarding which an offence appears to have been
committed under this Act or any other law.
(viii) Imported goods should not be perishable goods and goods which have exceeded their shelf
life or their recommended storage before use period.

Q 11. What is the minimum monetary limit prescribed in the Customs law below which no refund shall be
granted?
Ans: As per third proviso to section 27(1) of the Customs Act, 1962, the minimum monetary limit below
which refund cannot be granted is Rs. 100.
Q 12. Explain the doctrine of unjust enrichment with respect to refund of duty.
Ans: When an importer imports goods, he has to pay the customs duty on such goods. This duty is
recovered from the purchaser when these goods are sold by the importer. In other words, the
burden of duty is passed on to the purchaser. Subsequently, if the importer is refunded the duty by
the government, this double benefit would be called as unjust enrichment, because he recovers the
duty from customer and again gets the said amount from Government as refund. The same applies
to a buyer who again passes on the incidence of duty to another person.
Therefore, wherever there is excess payment or collection of duty, the refund is given only to the
person who bears the burden of duty and interest, if any. If the person who claims the refund is
not the person who bore the burden, the refund is paid into a fund called Consumer Welfare Fund.
Therefore, even if the duty / interest is refundable on merits, it is important for the applicant for a
refund to prove that he has not passed the burden of duty, in order to succeed in getting refund of
duty.
Section 28D provides that every person who has paid duty under the Customs Act, unless the
contrary is proved by him, shall be deemed to have passed the full incidence of such duty to the
buyer; hence the applicant for refund has to refute the presumption of passing on the incidence
of duty.
Q 13. Acme Sales’ imports were being provisionally assessed pending a verification that the department
was carrying out. Upon completion of the verification, the assessments were finalized, and Acme
Sales was asked to pay ` 12 lakhs, which it paid. After six months, upon detailed scrutiny of the
verification report and taking legal opinion on it, Acme Sales filed a claim for refund of ` 8 lakhs on
the ground that the differential amount should be ` 4 lakhs only and that there were factual errors
in the verification report. Was this the correct mode of redressal for Acme Sales? What will be
likely outcome of the claim? Discuss on the basis of case law on the subject.
Ans: Acme Sales received an order finalizing provisional assessment on the basis of a verification report,
and requiring payment of Rs. 12 Lakhs. They did not contest this order, but made the payment,
and allowed the appeal period of sixty days to lapse. After appeal became time-barred they filed a
claim for refund in which they challenged the order. This was a backdoor method of seeking relief
against the order; it also asked an officer of the same rank to review the order passed; and it
sought to bypass the time limitation for appeal by presenting the appeal as a claim for refund. The
Supreme Court has held, in the case of Priya Blue Industries Limited, 2004 (172) ELT 145 (SC),
that such a refund claim is not permissible for all these reasons. A person who is aggrieved with an
assessment order cannot seek refund without filing an appeal against the assessment order.

Q 14. Mr. N has, over three consignments of 200, 400 and 400 units, imported a total of 1000 units of an
article "ZEP", which has been valued at ` 1,150 per unit. The customs duty on this article has been
assessed ` 250 per unit. He adds his profit margin ` 350 per unit and sells the article for ` 1,750
per unit. After one month of selling the entire consignment of article "ZEP", Mr. N found that
there had been an error in payment of amount of duty, in which duty for the consignment of 200
units was paid as if it was 400 units, resulting in excess payment of duty. Mr. N files an
application for refund for ` 50,000 (200 X 250). Is the bar of unjust enrichment attracted?
Ans: Mr. N’s invoices show that he collected duty of ` 250 per unit on 1,000 items. However he paid duty
on 200 items more. This payment, in the normal course, was made before the order permitting the
clearance of the goods. It would be evident from the bill of entry that the amount paid was more
than the amount of duty assessed. Thus Mr N’s case falls within the exception to unjust
enrichment listed at clause (g) of the first proviso to section 27(2). He will be able to refute the
charge of unjust enrichment. Furthermore, clause (a) of the same sub-section provides that the
doctrine of unjust enrichment will not apply to the refund of duty and interest, if any, paid on
such duty if such amount is relatable to the duty and interest paid by the importer/exporter, if he
had not passed on the incidence of such duty and interest to any other person. Mr N’s invoices will
show how much duty he collected from his customers, hence he may be covered by this clause also
to escape the bar of unjust enrichment.

Chapter –9 Appeals and Revision
Q 1. Which orders of Commissioner (Appeals) are not appealable to Appellate Tribunal under section
129A of the Customs Act, 1962?
Ans: No appeal shall lie to the Appellate Tribunal and the Appellate Tribunal shall have no jurisdiction to
decide any appeal in respect of any order passed by the Commissioner (Appeals) under section
129A, if such order relates to:
(i) any goods imported or exported as baggage;
(ii) any goods loaded in conveyance for importation into India, but which are not unloaded at their
place of destination in India, or so much of the quantity of such goods as has not been unloaded
at any such destination, if goods unloaded at such destination are short of the quantity required to
be unloaded at that destination.
(iii) payment of drawback as provided in Chapter X and the rules made there under.
In these cases, revision lies with the Central Government.
Q 2. The Committee of Principal Commissioners/Commissioners of Customs is empowered under the

Customs Act, 1962 to direct the filing of an appeal before the Appellate Tribunal in certain cases
while in certain others, the Committee of Principal Chief Commissioners/ Chief Commissioners
may direct an application to be filed before the Appellate Tribunal for determination of such
points arising out of the decision or order as may be specified by the said Committee.
Write a brief note on the powers of the Committee of Principal Commissioners/Commissioners and
Committee of Principal Chief Commissioners/Chief Commissioners of Customs bringing out the
difference in the exercise of such powers.
Ans: U/s 129A(2) of the Customs Act, 1962, the Committee of Principal Commissioner/Commissioners of
Customs may direct the proper officer to file appeal on its behalf to the Appellate Tribunal against
the order of Commissioner (Appeals), if it is of the opinion that the order is not legal or proper.
Under section 129D(1) of the Customs Act, 1962, the Committee of Principal Chief Commissioners of
Customs or Chief Commissioners of Customs may, of its own motion, call for and examine the
record of any proceedings in which a Principal Commissioner of Customs or Commissioner of
Customs has passed any decision or order under this Act for the purpose of satisfying itself as to
the legality or propriety of any such decision or order and may, by order, direct such Principal
Commissioner/Commissioner or any other Principal Commissioner/Commissioner to apply to the
Appellate Tribunal for the determination of such points arising out of the decision or order as may
be specified by the Committee of Principal Chief Commissioner of Customs or Chief
Commissioners of Customs in its order.
Therefore, differences in two cases mentioned above can be tabulated as under:

Committee of Principal Chief
Committee of Principal Commissioners/Commissioners
Commissioners/Chief
of Customs
Commissioners of Customs
Can direct to file an appeal against order of
Can direct to file a review petition against order
Commissioner (Appeals) who passes order in appeals
of Principal Commissioner/ Commissioner of
filed against orders passed by any officer lower in
Customs who passes order as an adjudicating
rank than Principal Commissioner/Commissioner of
authority.
Customs.
Review application filed with the Tribunal.

[Review application treated as appeal filed
Regular Tribunal. appeal filed with the
against the order of the adjudicating authority
- section 129D(4) of the Customs Act, 1962.]
Review application can be filed within four

months; three months for the Committee to
issue order for review [delay in filing upto 30
Appeal to be filed within three months as specified
days can be condoned by the Board] and
in section 129A(3) of the Customs Act, 1962.
further one month to the Principal
Commissioner/ Commissioner to file an
application.
Q 3. Explain briefly the powers of review of the Principal Commissioner or Commissioner of Customs
under section 129D(2) of the Customs Act, 1962 in respect of decisions taken by adjudicating
authority subordinate to him.

Ans: Section 129D(2) empowers the Principal Commissioner of Customs or Commissioner of Customs to
review any decision taken by the adjudicating authority subordinate to him. For this purpose, he
may, of his own motion, call for and examine the record of any proceeding in which an adjudicating
authority subordinate to him has passed any decision or order under the Act for the purpose of
satisfying himself as to the legality or propriety of any such decision or order.
Thereafter, the Principal Commissioner of Customs or Commissioner of Customs may, by order, direct
such authority or any officer of Customs subordinate to him to apply to the Commissioner (Appeals)
for the determination of such points arising out of the decision or order as may be specified by him
in his order.
Such review application is treated as Departmental appeal against order of adjudicating authority
lower in rank than Principal Commissioner/ Commissioner of Customs like Additional/Joint/Deputy/
Assistant Commissioner.
Q 4. Briefly explain the powers of CBIC to issue instructions regarding non-filing of appeal in certain
cases under the Customs Act, 1962.
Ans: Section 131BA of Customs Act, 1962 empowers the CBIC to issue instructions regarding
non-filing of appeal in certain cases as under:
i. The Board may issue instructions fixing such monetary limits for the purposes of regulating
the filing of appeal/ application/ revision/ reference by the Principal Commissioner of
Customs or Commissioner of Customs.
ii. Where the Principal Commissioner of Customs or Commissioner of Customs has not filed an
appeal/ application/ revision/ reference against any decision or order passed under the
provisions of this Act in pursuance of such an instruction, he shall not be precluded from
filing any appeal etc. in any other case involving the same or similar issues or questions of
law.
iii. Non-filing of appeal, application etc. by Principal Commissioner of Customs or Commissioner
of Customs cannot be considered to be his acquiescence in the decision on disputed issue.
Further, the Commissioner (Appeals) or Appellate Tribunal or court must have regard to the
circumstances for non-filing of appeal etc.
Sr No Appellate Forum Monetary limit
1 CESTAT Rs. 10,00,000
2 High Courts Rs. 15,00,000
3 Supreme Court Rs. 25,00,000
For ascertaining whether a matter would be covered within or without the aforementioned limits, the
determinative element would be duty under dispute e.g., in a case involving duty of ` 10 lakhs or
below with equal penalty and interest, as the case may be, no appeal shall be filed in the Tribunal.

Similarly, no appeal shall be filed in the High Courts if the duty involved does not exceed ` 15 lakhs
with or without penalty and interest. However, where the imposition of penalty or interest is the
subject matter of dispute and the said penalty or interest exceeds the limit prescribed, then the
matter could be litigated further.
It has also been clarified that the adverse judgements relating to the following would be contested
irrespective of the amount involved:
a) where the constitutional validity of the provisions of an Act or Rule is under challenge; or
b) where Notification/ Instruction/ Order or Circular has been held illegal or ultra vires.
c) classification and refund issues which are of legal and/or recurring nature
It has been clarified vide Circular No. 390/Misc/163/2010 JC dated 03.06.2013 that the said limits
as applicable to penalty are applicable for redemption fine also. Where both penalty and redemption
fine are imposed, the limit should be calculated taking these together. Further, such limits apply to
refunds also, but not to application filed before Joint Secretary (Revision Application).
Q 5. Discuss with a brief note on the provisions of section 129E of the Customs Act, 1962 regarding
deposit of certain percentage of duty demanded or penalty imposed before filing appeal.
Ans: Section 129E of the Customs Act, 1962 provides as under:
i. The Commissioner (Appeals) shall not entertain any appeal under section 128(1), unless the
appellant has deposited 7.5% of the duty, in case where duty or duty and penalty are in dispute, or
penalty, where such penalty is in dispute, in pursuance of a decision or an order passed by an
officer of customs lower in rank than the Principal Commissioner of Customs or Commissioner of
Customs.
The appeal under section 128(1) is the first appeal before Commissioner (Appeals) against order
of officers lower in rank than Principal Commissioner/Commissioner of Customs e.g. Additional
Commissioner, Joint Commissioner, Deputy Commissioner or Assistant Commissioner.
ii. The Tribunal shall not entertain any appeal against the decision or order passed by Principal
Commissioner of Customs/Commissioner of Customs under section 129A(1)(a), unless the appellant
has deposited 7.5% of the duty, in case where duty or duty and penalty are in dispute, or
penalty, where such penalty is in dispute, in pursuance of the decision or order appealed against.
The appeal under section 129A(1)(a) is the first appeal before Tribunal against an order passed by
Principal Commissioner/Commissioner of Customs as an adjudicating authority.
iii. The Tribunal shall not entertain any appeal against the decision or order passed by Commissioner
(Appeals) under section 129A(1)(b), unless the appellant has deposited 10% of the duty, in case
where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in
pursuance of the decision or order appealed against.
Appeal under section 129A(1)(b) is second appeal before Tribunal against an order passed by
Commissioner (Appeals).
iv. The amount of pre-deposit shall not exceed ` 10 crores.

Q 6. Compute the quantum of pre-deposit required to be made under section 129E of the Customs Act,
1962 in each of the following independent cases:
I. In an order dated 18-10-20XX issued to M/s. RR Ltd., the Joint Commissioner of customs has
confirmed a duty demand of Rs. 16,00,000 and imposed a penalty of Rs. 5,00,000, M/s. RR Ltd.
intends to file an appeal with the Commissioner (Appeals) against the duty and penalty imposed.
II. M/s. KK Ltd. intends to file an appeal with CESTAT against the order of Commissioner (Appeals)
which confirmed a duty demand of ` 24,00,000 and imposed a penalty of Rs. 6,00,000
III. LKS Ltd., intends to file an appeal with CESTAT against the order of Principal Commissioner which
confirmed a duty demand of ` 36,00,000 and imposed a penalty of ` 8,00,000.
IV. MNM Ltd. intends to prefer an appeal before the Joint Secretary (Revision Application) relating
to drawback case under section 129DD against the order of Commissioner (Appeals) which
confirmed a duty demand of ` 10,00,000.
Ans: Answers to above mentioned are given below:
(i) As per section 129E, while filing an appeal with Commissioner (Appeals), quantum of pre-
deposit will be 7.5% of the disputed duty amount in case where both duty and penalty are in
dispute. Thus, in the given case quantum of pre-deposit will be 7.5% of ` 16,00,000 which is `
1,20,000.
(ii) As per section 129E, while filing an appeal with CESTAT against an order passed by Commissioner
(Appeals) i.e., a second appeal, quantum of pre-deposit will be 10% of the disputed duty amount
in case where both duty and penalty are in dispute. Thus, in the given case quantum of pre-
deposit will be 10% of ` 24,00,000 which is Rs. 240000
(iii) As per section 129E, while filing an appeal with CESTAT against an order passed by Principal
Commissioner i.e., a first appeal, quantum of pre-deposit will be 7.5% of the disputed duty amount
in case where both duty and penalty are in dispute. Thus, in the given case, quantum of pre-
deposit will be 7.5% of ` 36,00,000 which is Rs. 2,70,000.
(iv) CBIC has clarified vide Circular No. 993/17/2014CX dated 05.01.2015 that ambit of section 129E
does not extend to appeals under section 129DD before Joint Secretary (Revision Application)
[JS(RA)]. Therefore, MNM Ltd. is not required to pay mandatory pre-deposit while filing appeal
before the JS(RA) relating to drawback.

Chapter –10 Illegal Import, Illegal Export, Confiscation, Penalty and Allied Provision
Q 1. Mr. Vasu, the assessee, was summoned under section 108 of the Customs Act, 1962, to give his
statement in an inquiry. Mr. Vasu, however, did not appear before the concerned authorities.
Instead, he filed the application for anticipatory bail in the District and Sessions Court which was
disposed on the ground of being premature.
Mr. Vasu later moved to the High Court, which granted him anticipatory bail with a direction to the
authorities that even if the Custom Authorities find any non-bailable offence against Mr. Vasu, he
shall not be arrested “without ten days prior notice to him”. The Revenue contended that the
order passed by the High Court was illegal and erroneous.
Explain, with the help of a decided case law, if any, whether the stand taken by the Revenue is
sustainable in law?
Ans: The stand taken by the Revenue is valid. A similar issue has been dealt by the Supreme Court in
the case of Union of India v. Padam Narain Aggarwal 2008 (231) ELT 397 wherein the Apex Court
has observed that the power to arrest by a Custom Officer under section 104 of the Customs Act,
1962 is statutory in character and cannot be interfered with.
Supreme Court pronounced that the direction to issue 10 days prior notice before arrest even in
case of a non-bailable offence could not be said to be legal or in consonance with law owing to two
reasons. Firstly, the order passed by the High Court was a blanket one and granted protection to
respondents in respect of any non- bailable offence. Secondly, it illegally obstructed, interfered and
curtailed the authority of Custom Officers from exercising statutory power of arresting a person
said to have committed a non-bailable offence by imposing a condition of giving 10 days prior
notice, a condition not warranted by law. Hence, the order of the High Court was set aside.
Therefore, in the given case, it can be concluded that the stand taken by the revenue is sustainable
in law.
Q 2. When a ship on its arrival from Dubai was searched by the Customs Officers, they found 2,000
biscuits of gold kept concealed in the ceiling of one of the unoccupied cabin. The Chief Cook of the
ship admitted the concealing of the gold. The Captain of the ship deposed in his statement that
he alongwith Chief Engineer and Chief Officer had inspected the vessel for contraband goods
and inspection did not reveal anything. No evidence was also found that Captain was involved in
the smuggling of gold. Discuss whether the ship is liable to confiscation under the Customs Act.
Ans: Section 115(2) of the Customs Act, 1962 inter alia provides that any conveyance used as a means
of transport in the smuggling of any goods or in the carriage of any smuggled goods shall be liable
to confiscation. However, if the owner of the conveyance proves that the conveyance was so used
without the knowledge and connivance of the owner himself, his agent, and the person in charge
of the conveyance, the conveyance shall not be liable to confiscation. As per section 2(31)(a) of
the Customs Act, in case of a vessel, the master of the vessel is the person-in-charge.

Since, in the problem there is no evidence that the Captain of the ship i.e., the master of the
vessel had any knowledge about the smuggling of the gold or he had connived in the smuggling of
gold, the ship would not be liable to confiscation.
In a similar situation, the Supreme Court has set aside the order of confiscation of a truck carrying
forest produce in contravention of the provisions of the Forest Act as the authorities failed to
establish that the owner of the truck had any knowledge about the truck being so used [Forest
Conservator v. Sharad Ramachandar Kale 2000 (121) E.L.T. 14 (S.C.)].
Further, in AP Moller Singapore Pvt. Ltd. v. Assistant Director, DRI 2004 (174) ELT 156 (Bom),
the High Court has held that if owner, agent or captain is not involved in smuggling of goods, the
vessel cannot be confiscated, even if the master of vessel was negligent.
Q 3. When is redemption fine imposed? Whether a refund of redemption fine can be claimed if the
importer decides to abandon the goods after paying such fine?
Ans: After goods are confiscated, they become property of Central Government and Government can
sell/auction the goods. However, in some cases, the person from whom goods have been seized can
get them back on payment of a prescribed fine. This fine is termed as ‘redemption fine’.
Section 125 of the Customs Act, 1962 empowers a Customs Officer adjudging the confiscation to
give an option to the owner of the goods or where such owner is not known, the person from whose
possession or custody such goods have been seized to pay a fine as the said officer thinks fit, in
lieu of confiscation of the imported goods. The provisions in this regard are as follows:
(a) in case of prohibited goods, the proper officer may give an option to pay a fine in lieu of
confiscation;
(b) in case of other goods, the proper officer shall give an option of payment of fine, in lieu of
confiscation;
(c) Where the proceedings are deemed to be concluded under section 28(2) or section 28(6) in
respect of the goods which are not prohibited or restricted, the provisions of this section shall not
apply.
(d) the amount of such fine cannot exceed the market price of the goods confiscated less import duty
chargeable (in the case of imported goods) thereon;
(e) in addition to the fine imposed, duty and charges would also be payable in respect of such goods.
(f) Where the fine is not paid within a period of 120 days from the date of option, such option shall
become void, unless an appeal against such order is pending.
The provisions of section 125 give the importer an option to either allow the goods to be
confiscated or pay redemption fine in lieu of confiscation. Hence, the redemption fine becomes
liable only in lieu of confiscation. However, where the importer has abandoned the goods, the scope
for payment of any fine in lieu of confiscation comes to an end. Hence, the redemption fine, if

already paid shall be liable to be refunded. This view has been upheld by the Madras High Court in
the case of Purfina Chemicals Pvt. Ltd v CEGAT, Madras (2004) (167) E.L.T. 145 (Mad.)
Q 4. M/s SRT Ltd. had imported certain goods and got them cleared for home consumption. Later the
Customs Department found that the goods have been improperly imported and are liable for
confiscation under section 111 of the Customs Act, 1962 even though the same are cleared and not
available for the seizure. The Customs Department has imposed penalty under section 112 and
redemption fine under section 125 of the Customs Act, 1962. Discuss with a brief note whether the
penal action and redemption fine can be legally upheld in the facts of the case.
Ans: The High Court in the case of CCus. (Imports) v. Finesse Creation Inc. 2009 (248) ELT
122 (Bom.) [maintained in Commissioner v. Finesse Creation Inc. - 2010
(255) E.L.T. A120 (S.C.)] has held that redemption fine can only be imposed when the goods are
available and can be redeemed. The High Court has explained that if the goods are not available, they
cannot be confiscated and consequently, cannot be redeemed. Once goods cannot be redeemed,
redemption fine cannot be imposed.
Therefore, the imposition of redemption fine is not legally correct in the instant case.
Penalty under section 112 can be imposed inter alia when a person omits to do any act which would
render such goods liable for confiscation under section 111. Therefore, penalty can be imposed in the
given case.
Q 5. Importer BOPP Ltd. imported two consignments of ethyl alcohol which were allowed to be cleared
for home consumption on execution of a bond undertaking to produce licence within a month. Since
appellants failed to fulfill the obligation, proceedings were initiated which culminated in confiscation
of the goods under section 111(d) of the Customs Act, 1962 and imposition of penalty on the
importer under section 112(a) of Customs Act, 1962.
Examine whether provisionally released goods can be confiscated and penalty imposed thereupon.
Ans: When goods are confiscated, ownership of the goods vests in the Government. Therefore, if goods
are not in possession of the importer or with Government, confiscation will have no meaning.
However, when goods have been provisionally released, confiscation would be possible since release
is provisional and importer gets conditional possession. The Supreme Court in the case of
Weston Components Ltd. v. CC 2000 115 ELT 278 has also held that goods released under bond
can be confiscated and redemption fine can be imposed. Thus, confiscation of goods imported by
BOPP Ltd. is in consonance with the provisions of the Customs Act, 1962.
Penalty under section 112 can be imposed inter alia when a person omits to do any act which would
render such goods liable for confiscation under section 111. Thus, penalty can also be imposed on
BOPP Ltd. as the confiscation of goods is justifiable.

Q 6. On the package, received as a post parcel from abroad, contents are indicated as calculators valued
at Rs. 1,000. However, when the parcel was opened, it was found to contain ten mobile phones
valued at Rs. 2,50,000. A show cause notice has been issued to the importer proposing to
confiscate the goods and impose penalty on the importer. Examine the legality of action proposed in
terms of statutory provisions under Customs Act, 1962.
Ans: The proposed action is legal. Dutiable goods which are not included in the entry are liable to
confiscation under section 111(l) of the Customs Act, 1962 and as per section 82, in the case of
a post parcel, any label or declaration accompanying the goods which contains description, quantity
and value is deemed to be an entry for import. Therefore in this case, goods become liable to
confiscation under section 111 (l) of Customs Act, 1962 since they are not covered by the entry for
import. Penalty under section 112(a) can be imposed inter alia when a person omits to do any act
which would render such goods liable to confiscation under section 111. Thus, penalty can also be
imposed (as the confiscation is justifiable) unless importer is able to show that he was not
responsible for import.
Q 7. Mr. Henry was the managing director of a company, which had set up a unit in the Cochin
Export Processing Zone for manufacture of certain equipments for cent percent export. On the
basis of the relevant notifications, the company was entitled to import capital goods and claim
benefit of duty exemption on proof of total export. With the passage of time, the business of the
company fell and it went into liquidation. In the meanwhile, the customs authorities confiscated
the capital goods in terms of section 111(o) of the Customs Act, 1962, and imposed penalty on the
company. Penalty under section 112(a)(ii) was also imposed on Mr. Henry without stating any
reasons as he was in control of the affairs of the company. This was done as the Assistant
Commissioner of Customs found that neither the capital goods nor the raw materials and other
goods were used in the production of goods for export in terms of the relevant notification.
Briefly discuss, with reference to case law, whether the show cause notice imposing penalty on Mr.
Henry under section 112(a)(ii) is sustainable in law.
Ans: No, the show cause notice imposing penalty on Mr. Henry under section 112(a)(ii) of the Customs
Act, 1962 is not sustainable in law. The facts of the given case are similar to case of O.T. Enasu
v. UOI 2011 (272) E.L.T. 51 (Ker.).
The High Court stated that the non-observance of the conditions of import of the goods in
question gives the jurisdiction to impose an order of confiscation in terms of Section 111(o) of the
Act. However, while considering the question as to whether penalty has to be imposed on any
person for any commission or omission, which has rendered the goods liable for confiscation
under Section 111(o), it has to be decided as to whether the goods became liable for confiscation
on account of any act of omission or commission attributable to the person in question. Merely
because a person is the Managing Director of a company, he would not be fastened with penalty,
unless it is shown that he had, by his commissions or omissions, led the goods to be liable for
confiscation.

The High Court noted that under sub-clause (ii) of clause (a) of section 112, the liability to
penalty is determined on the basis of duty sought to be evaded. Therefore, the jurisdictional fact to
impose a penalty in terms of section 112(a)(ii) includes the essential ingredient that “duty was
sought to be evaded”. The concept of evading involves a conscious exercise by the person who
evades. Therefore, the process of “seeking to evade” essentially involves a mental element and the
concept of the status “sought to be evaded” is arrived at only by a conscious attempt to evade.
The High Court, therefore, inferred that unless it is established that a person has, by his omissions
or commissions, led to a situation where duty is sought to be evaded, there cannot be an imposition
of penalty in terms of section 112(a)(ii) of the Act.
The High Court, therefore held that since penalty had been imposed on the managing director
without stating any reasons and without any finding that he was guilty of omissions or commission
and had “sought to evade duty”, the same could not be upheld.
Q 8. M/s. Shree Ram Traders had imported certain goods and got them cleared for home consumption.
Later, the Department found that the goods had been imported in contravention of the relevant law
governing import & export of the goods as applicable at that point of time. Consequently, the
goods were confiscated under section 111(d) of the Customs Act and a penalty under section 112 of
the Act was levied. You are required to examine the case and offer your views.
Ans: The facts of the case are similar to the case of Bussa Overseas & Properties P. Ltd. v C.L. Mahar,
Asstt. C.C., Bombay 2004 (163) E.L.T. 304 (Bom.) wherein the Bombay High Court observed that
once goods are cleared for home consumption they cease to be imported goods as defined in section
2(25) of the Customs Act and as per section 111(d) only ‘imported’ goods could be confiscated.
Hence, power to confiscate the goods, after their clearance for home consumption, could be exercised
only in cases where the order of clearance is revised and cancelled.
Therefore, in the given case the confiscation of the goods by the Department is illegal.
Section 112 (a) provides that any person who in relation to any goods, does or omits to do any act
which act or omission would render such goods liable to confiscation under section 111, or abets
the doing or omission of such act, is liable to a penalty. The High Court held that the power to
impose penalty could be exercised not only when the goods are available for confiscation but
when such goods are liable to confiscation. The Court held that the expression ‘liable to
confiscation’ clearly indicates that the power to impose penalty can be exercised even if the goods
are not available for confiscation. The mere fact that the importers secured such clearance and
disposed of the goods and thereafter goods are not available for confiscation cannot divest Customs
Authorities of the powers to levy penalty under section 112 of the Act.
Following the judgment of the High Court, penalty levied by the Department in the given case is
correct in law.

Q 9. Two trucks are intercepted by the Customs Department. The officers of the Customs Department
conduct search of the vehicle in the presence of witnesses and it is found that one of the trucks
has a secret compartment and 175 Kgs. of heroine and 39 Kgs. of opium of foreign origin are
concealed in that chamber. During the course of investigation, the statement of ‘P’, the registered
owner of the vehicle, is taken under section 108 of the Customs Act and 15 witnesses are examined.
However, ‘P’ completely denies his culpability in the crime. He contends that though the vehicle is
registered in his name but he has sold the truck much before the contraband goods are
recovered therefrom. You are required to examine the situation with the help of case law, if any.
Ans: The facts of the case are similar to the case of Balwinder Singh v. Asstt. Commissioner, Customs
& Central Excise 2005 (181) E.L.T. 203 (S.C.). In this case, the Supreme Court stated that the
registered owner of the vehicle was convicted solely for the reason that he was the registered
owner of the vehicle. There was no evidence to prove that he knowingly allowed any person to use
the vehicle for any illegal purpose. There was also no evidence to prove the conspiracy set up by
the prosecution. The Apex Court held that though the articles were recovered from the truck, there
was no evidence to show that the appellant had any control over the vehicle nor was he in
possession of those drugs. Therefore, the registered owner of the vehicle was acquitted of all
charges framed against him.
In the given case also, there is no evidence against ‘P’, the registered owner of the vehicle, and
thus he shall not be prosecuted.
Q 10. Champalal & Co. had smuggled rough diamonds into the country clandestinely without payment of
duty. The Department issued a notice to Champalal & Co. proposing confiscation of the diamonds
under clause (d) of section 111 of the Customs Act, 1962 and imposing penalties on various persons
concerned.
However, the said goods were unconditionally exempted from payment of import duty vide an
exemption notification. So, Champalal & Co. claimed the benefit of the said exemption notification.
The Department, however, refused to grant the benefit of exemption meant for imported goods to
smuggled goods.
Do you think that Department’s action is valid in law?
Ans: Yes, the Department’s action is valid in law. The facts of the given case are similar to the case of
CCus. (Prev.), Mumbai v. M. Ambalal & Co. 2010 (260) ELT 487 (SC) , wherein the Apex Court
held that the smuggled goods could not be considered as ‘imported goods’ for the purpose of
benefit of the exemption notification. It opined that if the smuggled goods and imported goods
were to be treated as the same, then there would have been no need for two different definitions
under the Customs Act, 1962. The Court observed that one of the principal functions of the
Customs Act was to curb the ills of smuggling on the economy. Hence, it held that it would be
contrary to the purpose of exemption notifications to give the benefit meant for imported goods to
smuggled goods.

Q 11. Write a short note on applicability of penal provisions in customs law on attempt to export goods
improperly.
Ans: As per section 113 of the Customs Act, 1962, goods attempted to be exported improperly are
liable to confiscation. Further, section 114 stipulates that any person who, in relation to any
goods, does or omits to do any act, which act, or omission would render such goods liable to
confiscation under section 113, or abets the doing or omission of such an act, shall be liable
to penalty as under:
Sr No Goods Maximum Penalty
(a) Three times the value of the goods declared
by the exporter
1 In case of prohibited goods or
(b) Three times the value as determined under
the Customs Act, whichever is greater
(a) upto 10% of the duty sought to be evaded on
such goods
or
(b) ` 5,000,
whichever is greater
Further, such penalty will be subject to the
provisions of section 114A.
In case of dutiable goods, other
2 However, where such duty as determined under
than prohibited goods
section 28(8) and the interest payable thereon
under section 28AA is paid within 30 days from
the date of communication of the order of the
proper officer determining such duty, the amount
of penalty liable to be paid by such person under
this section shall be 25% of the penalty so
determined.
(a) Value of the goods declared by the exporter

or
3 In case of any other goods
(b) Value as determined under the Customs Act,
whichever is greater.

Q 12. Mr. X is a dealer of smuggled goods. However, he himself does not import the goods. Duty has been
demanded from Mr. X under sections 28 and 125(2) of the Customs Act, 1962 although no
smuggled goods have been seized from him.
Discuss, with the help of a decided case law, if any whether such demand of duty is valid in law.
Ans: The issue involved in the given case is whether customs duty can be demanded under
section 28 and/or section 125(2) of the Customs Act, 1962 from a person dealing in
smuggled goods when no such goods are seized from him. Recently, the Karnataka High
Court addressed this issue in the case of CCus. v. Dinesh Chhajer 2014 (300) ELT 498
(Kar.). In the instant case, the High Court made the following significant observations:-
(i) Section 28 applies to a case where the goods are imported by an importer and the duty is not paid
in accordance with law, for which a notice of demand is issued on the person. In case of notice
demanding duty under section 125(2), firstly the goods should have been confiscated and the duty
demandable is in addition to the fine payable under section 125(1) in respect of confiscated goods.
Thus, notices issued under sections 28 and 125(2) are not identical and fall into completely
different areas.
(ii) The material on record disclosed that the assessee did not import the goods but was only a dealer
of the smuggled goods. Therefore, there was no obligation cast on him under the Act to pay duty.
Thus, the notice issued under section 28 of the Act to the assessee is unsustainable as he is not
the person who is chargeable to duty under the Act.
(iii) Since no goods were seized, there could not be any confiscation and in the absence of a
confiscation, question of payment of duty by the person who is the owner of the goods or from
whose possession the goods are seized, does not arise. Based on the above observations, the High
Court held that no duty is leviable against the assessee as he is neither the importer of the
goods nor was in possession of any goods.
In the given case, Mr. X is only a dealer of smuggled goods; he is not the importer of these goods
and also no such goods have been seized from him. Therefore, applying the ratio of the above
mentioned decision to the given situation, it can be concluded that customs duty under section 28
and/or section 125(2) of the Customs Act, 1962 cannot be demanded from Mr. X.

Q 13. Cargo Logistics Pvt. Ltd. (Cargo Logistics) is a duly appointed steamer agent of the vessel
Queen Mary Utah. 110 containers of MS Scrap were imported in the said vessel by an Indian
importer. Cargo Logistics had affixed the seal on the said containers after stuffing and took
charge of the sealed containers. On the entry of the Vessel in India, Cargo Logistics filed the
Import General Manifest and also dealt with the Customs Department for appropriate orders that
had to be passed in terms of section 42 of the Customs Act, 1962. Section 42 prescribes that
no conveyance can leave without a written order. Customs Department, on finding that 40 of the
said containers were empty, levied a penalty on Cargo Logistics under section 116 of the Customs
Act, 1962 for short landing of the goods. Cargo Logistics is of the view that penalty for short
landing of the goods can only be imposed on the person-in- charge of the vessel and not on a
steamer agent.
Discuss with the help of a decided case law, if any, whether penalty for short landing of goods can
be imposed on the steamer agent of a vessel.
Ans: Section 116 of the Customs Act, 1962 imposes a penalty on the person-in- charge of the
conveyance inter alia for short-landing of the goods at the place of destination and if the
deficiency is not accounted for to the satisfaction of the Customs Authorities. Section 2(31) of
the Act defines “person-in-charge” to inter alia mean in relation to a vessel, the master of the
vessel. Section 148 of the Act provides that the agent appointed by the person-in-charge of the
conveyance and any person who represents himself to any officer of customs as an agent of any
such person-in-charge is held to be liable for fulfillment in respect of the matter in question of
all obligations imposed on such person-in-charge by or under this Act and to penalties and
confiscation which may be incurred in respect of that matter. The High Court in the case of
Caravel Logistics Pvt. Ltd. v. Joint Secretary (RA) 2013 (293) ELT 342 (Mad.) has held that
conjoint reading of sections 2(31), 116 and 148 of Customs Act, 1962 makes it clear that in case
of short- landing of goods, if penalty is to be imposed on person-in-charge of conveyance/vessel,
it can also be imposed on the agent appointed by him. The High Court observed that if the
assessee affixed seal on containers after stuffing and took their charge, he stepped into shoes
of/acted on behalf of master of vessel (the person-in-charge). Therefore, in the given case also
penalty for short landing of goods can be imposed on Cargo Logistics Pvt. Ltd., the steamer agent
of the vessel, Queen Mary Utah.
Q 14. Write a short note on “power to arrest” with reference to the Customs Act, 1962.
Ans: Section 104 of the Customs Act, 1962 empowers a proper officer (who is empowered by general or
special order of Principal Commissioner of Customs or Commissioner of Customs) to arrest any
person in India or within Indian customs waters, if the official has reason to believe that the
person is guilty of an offence punishable under section 132 or section 133 or section 135 or
section 135A or section 136 of the Customs Act. Such a person should be informed of the
grounds of his arrest and taken to the nearest Magistrate immediately. The Customs Officer is

vested with the powers of an Officer-in-charge of a police station for the purpose of releasing
any person on bail or otherwise.
Q 15. A person makes an unauthorised import of goods liable to confiscation. After adjudication, Assistant
Commissioner provides an option to the importer to pay fine in lieu of confiscation. It is proposed to
impose fine (in lieu of confiscation) equal to 50% of margin of profit. The following particulars are
made available:
(a) Assessable value Rs. 3,00,000
(b) Total duty payable Rs. 1,20,000
(c) Market value Rs. 5,00,000
You are required to calculate amount of fine and total payment to be made by importer to clear the
consignment.
Ans: Computation of amount of redemption fine and total payment to be made by the importer
Margin of profit = Market value – Total cost of the goods to importer

= Rs. 5,00,000 – (Rs. 3,00,000 + Rs. 1,20,000) = Rs. 80,000
Proposed amount of fine = 50% of Margin of profit
= Rs. 80,000 × 50% = Rs. 40,000
As per proviso to sub-section (1) of section 125 of the Customs Act, 1962, redemption fine should
not exceed the market price of the goods confiscated minus the duty chargeable thereon.
Maximum redemption fine = Market price of goods confiscated- Duty chargeable
= Rs. 5,00,000 – Rs. 1,20,000 = Rs. 3,80,000
Since the proposed amount of fine is less than the maximum amount of fine permissible under
section 125, the redemption fine payable by the importer would be Rs.40,000.
Total payment to be made by the importer to clear the consignment:
= [Total duty payable + Amount of fine]
= Rs. 1,20,000 + Rs. 40,000 = Rs. 1,60,000
Q 16. Write a brief note with respect to levy of penalty under the Customs Act for improper exportation
of non-prohibited dutiable goods.
Ans: Provisions relating to penalty for improper exportation of non-prohibited dutiable goods etc.
provides for a penalty not exceeding 10% of the duty sought to be evaded or ` 5,000, whichever
is higher. Further, such penalty will be subject to the provisions of section 114A of the Customs
Act, 1962. Also, where the duty and the interest are paid within 30 days from the date of
communication of the order, the amount of penalty will be reduced to 25% of the penalty so
determined [Proviso to clause (ii) of section 114 of the Customs Act, 1962]

Chapter 11 and 12 – Advance Ruling and Settlement Commission
Q 1. Briefly discuss the provisions of the Customs Act, 1962 regarding rejection of an application for
advance ruling.
Ans: Under section 28-I(2) of the Customs Act, lan application for advance ruling may be rejected on
the following grounds:
(i) if the question raised is already pending in the applicant’s case before a customs officer,
Appellate Tribunal or any Court.
(ii) if the question raised is the same as in a matter already decided by the Appellate Tribunal
or any Court.
No application shall be rejected without giving an opportunity to the applicant of being heard. On
rejection, reasons for such rejection shall be given in the order.
Q 2. What are the provisions made under the Customs Act, 1962, regarding personal hearing and order
under advance ruling?
Ans: The provisions regarding personal hearing and order under advance ruling are contained in section
28-I of the Customs Act, 1962. Section 28-I inter alia provides that if an application for advance
ruling is received, the authority of advance ruling will examine the material submitted by the
applicant or obtained by the authority and issue an order either allowing or rejecting the
application. However, no application shall be rejected unless an opportunity has been given to the
applicant of being heard.
Where an application is allowed, personal hearing can be given before the pronouncement of the
advance ruling, if requested by the applicant. Such hearing can be given to the applicant himself or
to his duly authorised representative.
Authority then pronounces its advance ruling within three months of the receipt of the
application. Copy of the order, signed by members of authority and certified in the
prescribed manner is sent to the applicant and the Principal Commissioner of Customs or
Commissioner of Customs.
Q 3. Vaikunth, a non-resident holding a valid importer-exporter code number intends to import certain
goods, but has entertained some doubts about their classification. Vaidehi, Vaikunth's friend, has
obtained an ‘Advance Ruling' under Chapter VB of the Customs Act, 1962 from the Authority for
Advance Rulings on an identical point. Vaikunth proposes to follow the same ruling in his case.
Vaikunth has sought your advice as his consultant whether he could follow the ruling given in the
case of Vaidehi. Explain the reasons.
Ans: According to section 28J of the Customs Act, 1962, the advance ruling shall be binding only on
the applicant who has sought it.

In the given problem, in view of the aforesaid provision, Vaikunth cannot make use of the advance
ruling pronounced in the identical case of his friend, Vaidehi. Vaikunth should obtain a ruling from
the Authority of Advance Ruling by making an application under section 28H along with a fee of
` 10,000.
Q 4. In what matters can the advance ruling be obtained?

Ans: Application for advance Ruling can be sought in case of following cases
• classification of goods under the Customs Tariff Act, 1975;

• applicability of a notification issued under sub-section (1) of section 25, having a bearing on the
rate of duty;
• The principles to be adopted for the purposes of determination of value of the goods under the
provisions of this Act.
• Applicability of notifications issued in respect of tax or duties under this Act or the Customs
Tariff Act, 1975 or any tax or duty chargeable under any other law for the time being in force in
the same manner as duty of customs leviable under this Act or the Customs Tariff Act;
• Determination of origin of the goods in terms of the rules notified under the Customs Tariff Act,
1975.
• Any other matter as the Central Government may, by notification, specify.
Q 5. Describe the procedure involved in making an application for advance ruling.

Ans: Refer relevant section in Main Book
Q 6. Rs. 50 lakh drawback was paid to M/s. Sun Export Ltd. Subsequently the Commissioner of Customs
issued a show cause notice for recovery of the erroneously paid drawback. M/s. Sun Export Ltd. filed
an application for settlement of case before the Settlement Commission. The Department disputed
the jurisdiction of the Settlement Commission by contending that recovery of drawback did not
involve levy, assessment and collection of customs duty as envisaged under section 127A(b) of the
Customs Act. Discuss with the help of decided case whether the stand taken by the Commissioner
is correct.
Ans: No, the stand taken by the Commissioner is not correct. The High Court, in case of Union of India
v. Cus. & C. Ex. Settlement Commission 2010 (258) ELT 476 (Bom.), has concluded that the
duty drawback or claim for duty drawback is nothing but a claim for refund of duty may be as per
the statutory scheme framed by the Government of India or in exercise of statutory powers under
the provisions of the Act. Hence, the Settlement Commission has jurisdiction to deal with the
question relating to the recovery of drawback erroneously paid by the Revenue.
Q 7. Can the Settlement Commission entertain applications involving evasion of duty by fraudulent
means and mis-declaration? Discuss

Ans: This issue has been addressed to by the High Court in the case of Tata Teleservices (Maharashtra)
Ltd. v. Union of India 2006 (201) ELT 529 (Bom.). In this case the assessee had evaded duty
and had applied for settlement in the Settlement Commission. The contention of the Department
was that the companies or the persons, who evaded the customs duty fraudulently, could not avail
of the benefit of approaching the Settlement Commission. It was submitted by the Department
that the Settlement Commission had a limited jurisdiction of accepting only the cases of short
levy on account of misclassification or otherwise and not other cases. The High Court observed
that the Settlement Commission had wide jurisdiction to entertain all kinds of settlement claim
applications, with liberty to reject the same even at preliminary stage, depending upon the nature,
circumstances and complexity of a case. However, a case would be accepted by the Settlement
Commission only if the mandatory requirements of:
(i) filing Bill of Entry/Shipping Bill or a bill of export, or a baggage declaration, or a label or
declaration accompanying the goods imported or exported through post or courier, as the case may
be and issuance of a show cause notice in relation to such such document or documents.
(ii) making a full and true disclosure of duty liability which was not disclosed earlier before the proper
officer and the manner in which such liability had been incurred and additional amount of
customs duty accepted to be payable by the assessee and
(iii) furnishing such other particulars as may be specified by the rules including the particulars of such
dutiable goods in respect of which the assessee admits short levy on account of misclassification
or otherwise of goods have been fulfilled.
The High Court observed that the jurisdiction of the Settlement Commission was not restricted only to
cases of short levy on account of misclassification or otherwise. The object of introducing Chapter
XIVA to the Customs Act, 1962 was to resolve all disputes so as to collect revenue for the
department. The High Court held that if interpretation of section 127B was restricted to mean only
bona fide cases, then there would be no scope of unearthing revenue. It was pointed out by the
High Court that earlier part of section 127B ibid laid down the jurisdiction and only the latter part
dealt with the rules whereby certain details were to be provided. Therefore, it was held by the High
Court that the argument with regard to short levy due to misclassification or otherwise was
purely a procedural one and there was no need to decide the same.
Note: This ruling has been maintained in Union of India vs. Bipin H Badani 2015 (326) ELT 25 by
the Supreme Court and affirmed in Union of India vs. Bipin H Badani 2017 (51) STR 226 by the
Supreme Court.
Q 8. Explain with reference to the Customs Act, 1962, the conditions to be fulfilled for filing application
to Settlement Commission.
Ans: According to section 127B of the Customs Act 1962, the following conditions are to be fulfilled
for filing an application for settlement of cases:
(i) the applicant has filed a bill of entry, or a shipping bill, or a bill of export, or made a baggage
declaration, or a label or declaration accompanying the goods imported or exported through post or

courier, as the case may be, and in relation to such document or documents, a show cause notice
has been issued to him by the proper officer.
(ii) the additional duty accepted is more than ` 3 lakhs.
(iii) the applicant has paid the additional amount of customs duty accepted by him alongwith
interest due under section 28AA.
(iv) the case is not pending with CESTAT or any Court.
(v) the application does not relate to goods to which section 123 applies or to goods in relation to
which any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 has been
committed.
(vi) the application is not for the interpretation of the classification of the goods under the
Customs Tariff Act, 1975
Q 9. Settlement Commission passed an order for release of seized goods of Mr. Banerjee. Since the goods
were subject to deterioration, the Revenue informed the Commission that the seized goods had
already been auctioned. The Commission, therefore, directed the Revenue to refund the amount
remaining in balance after the application of sale proceeds as provided under section 150(2) of the
Customs Act, 1962. The Revenue refunded the principal amount of the sale proceeds without
payment of interest for the delay, on the premise that it did not represent duty or interest as
contemplated under section 27 and 27-A of the Customs Act. Reason out the action of the
Revenue by supporting with a case law.
Ans: The action of the Revenue is not justified in law. The High Court in a similar case of Vishnu M
Harlalka v. Union of India 2013 (294) ELT 5 (Bom) directed the Department to pay interest on
the balance of the sale proceeds. The High Court observed that inordinate delay in payment of
balance sale proceeds by the Department is not justifiable. The Department cannot plead that the
Customs Act, 1962 provides for the payment of interest only in respect of refund of duty and
interest and hence, the assessee would not be entitled to interest on the balance of the sale
proceeds which were directed to be paid by the Settlement Commission. The High Court clarified
that acceptance of such a submission would mean that despite an order of the competent authority
directing the Department to grant a refund; the Department can wait for an inordinately long
period to grant the refund.
Q 10. State the circumstances under which an application will not be entertained by the Settlement
Commission.
Ans: As per section 127L, a person shall not be entitled to apply for settlement under section 127B in
relation to any other matter in the following cases:-
I. Where an order of Settlement has been passed which provides for the imposition of a penalty on
applicant under section 127B for settlement, on the ground of concealment of particulars of his
duty liability. Here, concealment of particulars of duty liability relates to any such concealment made
from the officer of customs.

II. Where after the passing of an order of settlement, in relation to a case, such person is convicted
of any offence in relation to that case; or
III. Where the case of such person is sent back to the proper officer by the Settlement Commission
under section 127-I.

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Customs-Question Bank

(CA Final, CMA Final and CS Professional )

Importation, Exportation And Transportation Of Goods

Valuation Under Customs Act, 1962

Baggage Under Customs

Demand, Recovery And Refund

Appeals And Revision

CA. Yachana Mutha

1. Introduction & Levy Of Customs Duty And Exemption 1.1 - 1.11

2. Date For Determination Of Duty Rate And Tariff 2.1 - 2.16

3. Importation, Exportation And Transportation Of Goods 3.1 - 3.14

4. Valuation Under Customs Act, 1962 4.1 - 4.24

5. Baggage Under Customs 5.1 - 5.7

6. Warehousing 6.1 - 6.13

7. Duty Drawback 7.1 - 7.14

8. Demand, Recovery And Refund 8.1 - 8.3

9. Appeals And Revision 9.1 - 9.5

10 Provision Relating To Illegal Import, Illegal Export, 10.1 - 10.10

11 Settlement Commission and Advance Ruling 11.1 - 11.5

Exercise Questions & Answers

(c) ownership of the goods should not change.

Integrated tax @ 12% (` 13,32,000 x 12%) - C 1,59,840

CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 1

CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 2

CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 3

CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 4

Q 9. Distinguish between Pilfered goods and Lost/destroyed goods

No duty goods payable on such Duty paid on such goods to be remitted

Department gets compensation from the

Occurrence in warehouse not recognized Occurrence recognized in warehouse is

CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 5

(a) the re-importation is done within 3 years or 5 years if time is extended.

However, these concessions would not be applicable if-

 re-imported goods had been exported by EOU

 re-imported goods had been exported from a public/private warehouse

 the re-importation is for repairs only

 the time limit is 3 years. In case of Nepal, such time-limit is 10 years.

 the goods must be re-exported after repairs

 the time limit for export is 6 months (extendable to one year).

CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 6

CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 7

Multiple Choice Questions

any other law in force on goods:

a. Imported into India by any person other than Government

b. Exported from India by any person other than Government

c. Imported into or exported from India by government

d. All of the above

2. The basic condition for levy of Customs Duty is:

a. There must be import or export of goods

b. There must be import or export of services

c. There must be import or export of goods or services or both

d. All of the above

3. As per Customs Act, 1962, Conveyance includes:

c. Vehicle including railway vehicle

CA Yachana Mutha Bhurat 09669357770 [email protected] 1. 8

4. As per section 2(3) of Customs Act, 1962, Baggage includes:-

b. But does not include Motor Vehicles

d. None of the above

5. Territorial water of India extends upto: