Chapter: I |
Preliminary |
Section 1 |
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Short title, extent and commencement
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Section 2 |
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Definitions.
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Chapter: II |
Officers of Customs |
Section 3 |
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Classes of officers of customs
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Section 4 |
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Appointment of officers of customs.
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Section 5 |
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Powers of officers of customs
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Section 6 |
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Entrustment of functions of Board and customs officers on certain other officers
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Chapter: III |
APPOINTMENT OF CUSTOMS PORTS, AIRPORTS, ETC. |
Section 7 |
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Appointment of customs ports, airports, etc
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Section 8 |
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Power to approve landing places and specify limits of customs area
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Section 9 |
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Omitted
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Section 10 |
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Appointment of boarding stations
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Chapter: IV |
Prohibitions on importation and exportation of goods |
Section 11 |
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Power to prohibit importation or exportation of goods
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Chapter: IVA |
Detection of illegally imported goods and prevention of the disposal thereof |
Section 11A |
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Definitions
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Section 11B |
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Power of Central Government to notify goods
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Section 11C |
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Persons possessing notified goods to intimate the place of storage, etc
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Section 11D |
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Precautions to be taken by persons acquiring notified goods
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Section 11E |
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Persons possessing notified goods to maintain accounts
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Section 11F |
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Sale, etc., of notified goods to be evidenced by vouchers
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Section 11G |
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Sections 11C, 11E and 11F not to apply to goods in personal use
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Chapter: IVB |
Prevention or Detection of Illegal Export of Goods |
Section 11H |
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Definitions
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Section 11I |
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Power of Central Government to specify goods
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Section 11J |
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Persons possessing specified goods to intimate the place of storage, etc
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Section 11K |
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Transport of specified goods to be covered by vouchers
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Section 11L |
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Persons possessing specified goods to maintain accounts
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Section 11M |
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Steps to be taken by persons selling or transferring any specified goods
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Chapter: IVC |
Power to exempt from the provisions of Chapters IVA and IVB |
Section 11N |
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Power to exempt.
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Chapter: V |
Levy of, and Exemption from, Customs Duties |
Section 12 |
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Dutiable goods
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Section 13 |
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Duty on pilfered goods
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Section 14 |
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Valuation of goods.
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Section 15 |
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Date for determination of rate of duty and tariff valuation of imported goods
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Section 16 |
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Date for determination of rate of duty and tariff valuation of export goods
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Section 17 |
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Assessment of duty
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Section 18 |
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Provisional assessment of duty
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Section 19 |
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Determination of duty where goods consist of articles liable to different rates of duty
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Section 20 |
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Re-importation of goods
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Section 21 |
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Goods derelict, wreck, etc
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Section 22 |
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Abatement of duty on damaged or deteriorated goods
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Section 23 |
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Remission of duty on lost, destroyed or abandoned goods
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Section 24 |
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Power to make rules for denaturing or mutilation of goods
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Section 25 |
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Power to grant exemption from duty
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Section 25A |
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Inward processing of goods
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Section 25B |
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Outward processing of goods
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Section 26 |
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Refund of export duty in certain cases
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Section 26A |
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Refund of import duty in certain cases.
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Section 27 |
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Claim for refund of duty.
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Section 27A |
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Interest on delayed refunds
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Section 28 |
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Recovery of duties not levied or short-levied or erroneously refunded
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Section 28A |
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Power not to recover duties not levied or short-levied as a result of general practice.
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Section 28AA |
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Interest on delayed payment of duty
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Section 28AAA |
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Recovery of duties in certain cases
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Section 28AB |
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Interest on delayed payment of duty in special cases [Omitted]
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Section 28B |
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Duties collected from the buyer to be deposited with the Central Government
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Section 28BA |
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Provisional attachment to protect revenue in certain cases
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Section 28BB |
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Time limit for completion of certain actions
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Chapter: VA |
Indicating amount of duty in the price of goods, etc., for purpose of refund |
Section 28C |
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Price of goods to indicate the amount of duty paid thereon
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Section 28D |
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Presumption that incidence of duty has been passed on to the buyer
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Chapter: VAA |
ADMINISTRATION OF RULES OF ORIGIN UNDER TRADE AGREEMENT |
Section 28DA |
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Procedure regarding claim of preferential rate of duty
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Chapter: VB |
Advance Rulings |
Section 28E |
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Definitions
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Section 28EA |
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Customs Authority for Advance Rulings
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Section 28F |
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Authority for advance rulings
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Section 28G |
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Omitted
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Section 28H |
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Application for advance ruling
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Section 28I |
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Procedure on receipt of application
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Section 28J |
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Applicability of advance ruling
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Section 28K |
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Advance ruling to be void in certain circumstances
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Section 28KA |
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Appeal
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Section 28L |
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Powers of Authority
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Section 28M |
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Procedure for Authority
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Chapter: VI |
Provisions relating to conveyances carrying imported or exported goods |
Section 29 |
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Arrival of vessels and aircrafts in India
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Section 30 |
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Delivery of arrival manifest or import manifest or import report
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Section 30A |
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Passenger and crew arrival manifest and passenger name record information.
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Section 31 |
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Imported goods not to be unloaded from vessel until entry inwards granted
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Section 32 |
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Imported goods not to be unloaded unless mentioned in arrival manifest or import manifest or import report
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Section 33 |
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Unloading and loading of goods at approved places only
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Section 34 |
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Goods not to be unloaded or loaded except under supervision of customs officer
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Section 35 |
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Restrictions on goods being water-borne
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Section 36 |
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Restrictions on unloading and loading of goods on holidays, etc
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Section 37 |
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Power to board conveyances
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Section 38 |
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Power to require production of documents and ask questions
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Section 39 |
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Export goods not to be loaded on vessel until entry-outwards granted
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Section 40 |
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Export goods not to be loaded unless duly passed by proper officer
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Section 41 |
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Delivery of departure manifest or export manifest or export report
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Section 41A |
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Passenger and crew departure manifest and passenger name record information.
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Section 42 |
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No conveyance to leave without written order
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Section 43 |
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Exemption of certain classes of conveyances from certain provisions of this Chapter
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Chapter: VII |
Clearance of imported goods and export goods |
Section 44 |
: |
Chapter not to apply to baggage and postal articles
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Section 45 |
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Restrictions on custody and removal of imported goods
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Section 46 |
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Entry of goods on importation
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Section 47 |
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Clearance of goods for home consumption
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Section 48 |
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Procedure in case of goods not cleared, warehoused, or transhipped within thirty days after unloading
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Section 49 |
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Storage of imported goods in warehouse pending clearance or removal.
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Section 50 |
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Entry of goods for exportation
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Section 51 |
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Clearance of goods for exportation
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Chapter: VIIA |
Payments through Electronic Cash Ledger and Electronic Duty Credit Ledger |
Section 51A |
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Payment of duty, interest, penalty, etc
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Section 51B |
: |
Ledger for duty credit
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Chapter: VIII |
Goods in Transit |
Section 52 |
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Chapter not to apply to baggage, postal articles and stores
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Section 53 |
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Transit of certain goods without payment of duty.
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Section 54 |
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Transhipment of certain goods without payment of duty
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Section 55 |
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Liability of duty on goods transited under section 53 or transhipped under section 54
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Section 56 |
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Transport of certain classes of goods subject to prescribed conditions
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Chapter: IX |
Warehousing |
Section 57 |
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Licensing of public warehouses.
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Section 58 |
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Licensing of private warehouses.
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Section 58A |
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Licensing of special warehouses
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Section 58B |
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Cancellation of Licence.
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Section 59 |
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Warehousing bond
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Section 60 |
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Permission for removal of goods for deposit in warehouse.
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Section 61 |
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Period for which goods may remain warehoused
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Section 62 |
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Omitted
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Section 63 |
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Omitted
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Section 64 |
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Owner’s right to deal with warehoused goods
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Section 65 |
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Manufacture and other operations in relation to goods in a warehouse
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Section 65A |
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Goods brought for operations in warehouse to have ordinarily paid certain taxes
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Section 66 |
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Power to exempt imported materials used in the manufacture of goods in warehouse
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Section 67 |
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Removal of goods from one warehouse to another
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Section 68 |
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Clearance of warehoused goods for home consumption
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Section 69 |
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Clearance of warehoused goods for export
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Section 70 |
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Allowance in case of volatile goods
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Section 71 |
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Goods not to be taken out of warehouse except as provided by this Act
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Section 72 |
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Goods improperly removed from warehouse, etc
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Section 73 |
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Cancellation and return of warehousing bond
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Section 73A |
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Custody and removal of warehoused goods.
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Chapter: X |
Drawback |
Section 74 |
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Drawback allowable on re-export of duty-paid goods
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Section 75 |
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Drawback on imported materials used in the manufacture of goods which are exported
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Section 75A |
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Interest on drawback
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Section 76 |
: |
Prohibition and regulation of drawback in certain cases
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Chapter: X A |
Special Provisions relating to Special Economic Zone |
Section 76A |
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Notification of special economic zone [Omitted]
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Section 76B |
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Application of provisions [Omitted]
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Section 76C |
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Establishment and control [Omitted]
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Section 76D |
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Admission of goods [Omitted]
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Section 76E |
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Exemption from duties of customs [Omitted]
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Section 76F |
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Levy of duties of customs [Omitted]
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Section 76G |
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Authorised operations [Omitted]
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Section 76H |
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Goods utilised within a special economic zone [Omitted]
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Section 76I |
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Drawback on goods admitted to a special economic zone [Omitted]
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Section 76J |
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Duration of stay [Omitted]
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Section 76K |
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Security [Omitted]
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Section 76L |
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Transfer of ownership [Omitted]
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Section 76M |
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Removal of goods [Omitted]
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Section 76N |
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Closure of a Special Economic Zone [Omitted]
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Chapter: XI |
Special provisions regarding baggage, goods imported or exported by post, courier and stores |
Section 77 |
: |
Declaration by owner of baggage
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Section 78 |
: |
Determination of rate of duty and tariff valuation in respect of baggage
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Section 79 |
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Bona fide baggage exempted from duty
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Section 80 |
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Temporary detention of baggage
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Section 81 |
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Regulations in respect of baggage
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Section 82 |
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Omitted
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Section 83 |
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Rate of duty and tariff valuation in respect of goods imported or exported by post or courier
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Section 84 |
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Regulations regarding goods imported or to be exported by post or courier
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Section 85 |
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Stores may be allowed to be warehoused without assessment to duty
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Section 86 |
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Transit and transhipment of stores
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Section 87 |
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Imported stores may be consumed on board a foreign-going vessel or aircraft
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Section 88 |
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Application of section 69 and Chapter X to stores
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Section 89 |
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Stores to be free of export duty
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Section 90 |
: |
Concessions in respect of imported stores for the Navy
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Chapter: XII |
Provisions relating to coastal goods and vessels carrying coastal goods |
Section 91 |
: |
Chapter not to apply to baggage and stores
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Section 92 |
: |
Entry of coastal goods
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Section 93 |
: |
Coastal goods not to be loaded until bill relating thereto is passed, etc
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Section 94 |
: |
Clearance of coastal goods at destination
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Section 95 |
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Master of a coasting vessel to carry an advice book
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Section 96 |
: |
Loading and unloading of coastal goods at customs port or coastal port only
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Section 97 |
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No coasting vessel to leave without written order
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Section 98 |
: |
Application of certain provisions of this Act to coastal goods, etc
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Section 98A |
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Power to relax
|
Section 99 |
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Power to make rules in respect of coastal goods and coasting vessels
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Chapter: XIIA |
Audit |
Section 99A |
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Audit
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Chapter: XIIB |
Verification of Identity and Compliance |
Section 99B |
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Verification of identity and compliance thereof
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Chapter: XIII |
Searches, seizure and arrest |
Section 100 |
: |
Power to search suspected persons entering or leaving India, etc1001
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Section 101 |
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Power to search suspected persons in certain other cases
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Section 102 |
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Persons to be searched may require to be taken before gazetted officer of customs or magistrate
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Section 103 |
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Power to screen or X-ray bodies of suspected persons for detecting secreted goods
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Section 104 |
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Power to arrest
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Section 105 |
: |
Power to search premises
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Section 106 |
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Power to stop and search conveyances
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Section 106A |
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Power to inspect
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Section 107 |
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Power to examine persons
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Section 108 |
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Power to summon persons to give evidence and produce documents
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Section 108A |
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Obligation to furnish information.
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Section 108B |
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Penalty for failure to furnish information return.
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Section 109 |
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Power to require production of order permitting clearance of goods imported by land
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Section 109A |
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Power to undertake controlled delivery
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Section 110 |
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Seizure of goods, documents and things
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Section 110A |
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Provisional release of goods, documents and things seized 2[or bank account provisionally attached] pending adjudication
|
Section 110AA |
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Action subsequent to inquiry, investigation or audit or any other specified purpose
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Chapter: XIV |
Confiscation of goods and conveyances and imposition of penalties |
Section 111 |
: |
Confiscation of improperly imported goods, etc
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Section 112 |
: |
Penalty for improper importation of goods, etc
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Section 113 |
: |
Confiscation of goods attempted to be improperly exported, etc
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Section 114 |
: |
Penalty for attempt to export goods improperly, etc
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Section 114A |
: |
Penalty for short-levy or non-levy of duty in certain cases
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Section 114AA |
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Penalty for use of false and incorrect material
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Section 114AB |
: |
Penalty for obtaining instrument by fraud, etc.
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Section 114AC |
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Penalty for fraudulent utilisation of input tax credit for claiming refund
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Section 115 |
: |
Confiscation of conveyances
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Section 116 |
: |
Penalty for not accounting for goods
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Section 117 |
: |
Penalties for contravention, etc., not expressly mentioned
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Section 118 |
: |
Confiscation of packages and their contents
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Section 119 |
: |
Confiscation of goods used for concealing smuggled goods
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Section 120 |
: |
Confiscation of smuggled goods notwithstanding any change in form, etc
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Section 121 |
: |
Confiscation of sale-proceeds of smuggled goods
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Section 122 |
: |
Adjudication of confiscations and penalties
|
Section 122A |
: |
Adjudication Procedure
|
Section 123 |
: |
Burden of proof in certain cases
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Section 124 |
: |
Issue of show cause notice before confiscation of goods, etc
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Section 125 |
: |
Option to pay fine in lieu of confiscation
|
Section 126 |
: |
On confiscation, property to vest in Central Government
|
Section 127 |
: |
Award of confiscation or penalty by customs officers not to interfere with other punishments
|
Chapter: XIVA |
Settlement of cases |
Section 127A |
: |
Definitions
|
Section 127B |
: |
Application for settlement of cases
|
Section 127C |
: |
Procedure on receipt of application under section 127B
|
Section 127D |
: |
Power of Settlement Commission to order provisional attachment to protect revenue
|
Section 127E |
: |
Omitted
|
Section 127F |
: |
Power and procedure of Settlement Commission
|
Section 127G |
: |
Inspection, etc., of reports
|
Section 127H |
: |
Power of Settlement Commission to grant immunity from prosecution and penalty
|
Section 127I |
: |
Power of Settlement Commission to send a case back to the proper officer
|
Section 127J |
: |
Order of settlement to be conclusive
|
Section 127K |
: |
Recovery of sums due under order of settlement
|
Section 127L |
: |
Bar on subsequent application for settlement in certain cases
|
Section 127M |
: |
Porceedings before Settlement Commission to be judicial proceedings
|
Section 127MA |
: |
Omitted
|
Section 127N |
: |
Applications of certain provisions of Central Excise Act
|
Chapter: XV |
Appeals and Revision |
Section 128 |
: |
Appeals to Commissioner (Appeals)
|
Section 128A |
: |
Procedure in appeal
|
Section 129 |
: |
Appellate Tribunal
|
Section 129A |
: |
Appeals to the Appellate Tribunal
|
Section 129B |
: |
Orders of Appellate Tribunal
|
Section 129C |
: |
Procedure of Appellate Tribunal
|
Section 129D |
: |
Powers of Committee of [Principal Commissioner of Customs or] Chief Commissioners of Customs or [Principal Commissioner of Customs or] Commissioner of Customs to pass certain orders
|
Section 129DA |
: |
Powers of revision of Board or Commissioner of Customs in certain cases
|
Section 129DD |
: |
Revision by Central Government
|
Section 129E |
: |
Deposit of certain percentage of duty demanded or penalty imposed before filing appeal
|
Section 129EE |
: |
Interest on delayed refund of amount deposited under section 129E
|
Section 130 |
: |
Appeal to High Court
|
Section 130A |
: |
Application to High Court
|
Section 130B |
: |
Power of High Court or Supreme Court to require statement to be amended
|
Section 130C |
: |
Case before High Court to be heard by not less than two judges
|
Section 130D |
: |
Decision of High Court or Supreme Court on the case stated
|
Section 130E |
: |
Appeal to Supreme Court
|
Section 130F |
: |
Hearing before Supreme Court
|
Section 131 |
: |
Sums due to be paid notwithstanding reference, etc
|
Section 131A |
: |
Exclusion of time taken for copy
|
Section 131B |
: |
Transfer of certain pending proceedings and transitional provisions
|
Section 131BA |
: |
Appeal not to be filed in certain cases.
|
Section 131C |
: |
Definitions
|
Chapter: XVI |
Offences and Prosecutions |
Section 132 |
: |
False declaration, false documents
|
Section 133 |
: |
Obstruction of officer of customs
|
Section 134 |
: |
Refusal to be X-rayed
|
Section 135 |
: |
Evasion of duty or prohibitions
|
Section 135A |
: |
Preparation
|
Section 135AA |
: |
Protection of data
|
Section 135B |
: |
Power of court to publish name, place of business, etc., of persons convicted under the Act
|
Section 136 |
: |
Offences by officers of customs
|
Section 137 |
: |
Cognizance of offences
|
Section 138 |
: |
Offences to be tried summarily
|
Section 138A |
: |
Presumption of culpable mental state
|
Section 138B |
: |
Relevancy of statements under certain circumstances
|
Section 138C |
: |
Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence
|
Section 139 |
: |
Presumption as to documents in certain cases
|
Section 140 |
: |
Offences by companies
|
Section 140A |
: |
Application of section 562 of the Code of Criminal Procedure, 1898, and of the Probation of Offenders Act, 1958
|
Chapter: XVII |
Miscellaneous |
Section 141 |
: |
Conveyances and goods in a customs area subject to control of officers of customs
|
Section 142 |
: |
Recovery of sums due to Government
|
Section 142A |
: |
Liability under Act to be first charge
|
Section 143 |
: |
Power to allow import or export on execution of bonds in certain cases
|
Section 143A |
: |
Omitted
|
Section 143AA |
: |
Power to simplify or provide different procedure, etc., to facilitate trade
|
Section 144 |
: |
Power to take samples
|
Section 145 |
: |
Owner, etc., to perform operations incidental to compliance with customs law
|
Section 146 |
: |
Licence for customs brokers.
|
Section 146A |
: |
Appearance by authorised representative
|
Section 147 |
: |
Liability of principal and agent
|
Section 148 |
: |
Liability of agent appointed by the person in charge of a conveyance
|
Section 149 |
: |
Amendment of documents
|
Section 150 |
: |
Procedure for sale of goods and application of sale proceeds
|
Section 151 |
: |
Certain officers required to assist officers of customs
|
Section 151A |
: |
Instructions to officers of customs
|
Section 151B |
: |
Reciprocal arrangement for exchange of information facilitating trade.
|
Section 152 |
: |
Delegation of powers
|
Section 153 |
: |
Service of order, decision, etc
|
Section 154 |
: |
Correction of clerical errors, etc
|
Section 154A |
: |
Rounding off of duty, etc
|
Section 154B |
: |
Publication of information respecting persons in certain cases
|
Section 154C |
: |
Common Customs Electronic Portal
|
Section 155 |
: |
Protection of action taken under the Act
|
Section 156 |
: |
General power to make rules
|
Section 157 |
: |
General power to make regulations
|
Section 158 |
: |
Provisions with respect to rules and regulations
|
Section 159 |
: |
Rules, certain notifications and orders to be laid before Parliament
|
Section 159A |
: |
Effect of amendments, etc., of rules, regulations, notifications or orders
|
Section 160 |
: |
Repeal and savings
|
Section 161 |
: |
Removal of difficulties
|
The Schedule |
Section Sch |
: |
THE SCHEDULE
|