Laws and Bare Acts of India at MyNation.net

MyNation Foundation Online Law Library

Section 15 – Customs Act, 1962

The Customs Act, 1962

 

 

15. DATE FOR DETERMINATION OF RATE OF DUTY AND TARIFF VALUATION OF IMPORTED GOODS. –

 

1(1) The rate of duty 2[***]and tariff valuation, if any, applicable to any imported goods, shall be the rate and valuation in force, –

 

(a) in the case of goods entered for home consumption under section 46, on the date on which 3a bill of entry in respect of such goods is presented under that section;

 

(b) in the case of goods cleared from a warehouse under section 68, on the date on which the goods are actually removed from the warehouse;

 

(c) in the case of any other goods, on the date of payment of duty :

 

4Provided that if a bill of entry has been presented before the date of entry inwards of the vessel or the arrival of the aircraft by which the goods are imported, the bill of entry shall be deemed to have been presented on the date of such entry inwards or the arrival, as the case may be.

 

(2) The provisions of this section shall not apply to baggage and goods imported by post.

5[***]

Comments

(i) The rate of duty will be determined on the basis of the date on which the goods are actually removed from the warehouse; M/s. Priyanka Overseas Pvt. Ltd. v. Union of India, AIR 1991 SC 583.

 

(ii) The rate of duty and tariff valuation will be the rate and valuation in force on the date on which the Bill of Entry is presented; M/s. Shah Devchand & Co. v. Union of India, AIR 1991 SC 1931.

 

—————

1. Subs. by Act 20 of 1966, sec. 3, for “The rate of duty” (w.e.f. 31-8-1966).

 

2. The words “, rate of exchange” omitted by Act 25 of 1978, sec. 4 (w.e.f. 1-7-1978).

 

3. Subs. by Act 32 of 2003, sec. 106, for “the goods are actually removed from the warehouse” (w.e.f. 14-5-2003).

 

4. Subs. by Act 33 of 1996, sec. 59, for the proviso (w.e.f. 28-9-1996).

 

5. Sub-section (3) omitted by Act 25 of 1978, sec. 4 (w.e.f. 1-7-1978).

Earlier sub-section (3) was inserted by Act 20 of 1966, sec. 3 (w.e.f. 31-8-1966).

 

Previous | Next

 

Laws – Customs Act, 1962

 

Indian Laws – Bare Acts

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 Laws and Bare Acts of India at MyNation.net
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation