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Justice S V Maruthi Supreme Court on Customs Law Practice & Procedure with Commentary

From Book Corporation
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Author :Justice S V Maruthi

Publisher :Book Corporation

SKU :BCP229

Edition :2026 (VOL-1) & 2025(

Format :Hardcopy

HSN No :49011010

Volumes :2

Country Region :India

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Description

Description of the Book

This is a comprehensive two-volume legal commentary on customs law in India, focusing specifically on how the Supreme Court of India has interpreted and applied customs laws in practice.

The book combines:

  • Statutory provisions (like the Customs Act and related rules)
  • Judicial precedents (mainly Supreme Court judgments)
  • Procedural guidance for litigation and compliance

It is designed to bridge the gap between law in books and law in practice, making it highly useful for practitioners dealing with customs, taxation, and trade law.

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Content

Detailed Contents (Topic-wise)

1. Statutory Framework & Administration

  • Scheme of the Customs Act, 1962
  • Powers of customs officers (search, seizure, arrest)
  • Jurisdiction and territorial application
  • Interplay with allied laws and notifications

2. Import & Export Control

  • Procedures for import/export clearance
  • Bills of entry, shipping bills, documentation
  • Restrictions/prohibitions under FTP
  • Role of DGFT and licensing regimes

3. Classification of Goods (Customs Tariff)

  • Interpretation of tariff entries and headings
  • General Rules for Interpretation (GRI)
  • Common classification disputes (e.g., composite goods, parts vs. accessories)
  • Judicial tests laid down by Supreme Court

4. Valuation of Goods

  • Transaction value under valuation rules
  • Additions (freight, insurance, royalties, assists)
  • Related-party transactions
  • Rejection of declared value and best judgment assessment
  • Leading case law on undervaluation and misdeclaration

5. Exemptions & Concessions

  • Interpretation of exemption notifications
  • Conditional vs unconditional exemptions
  • Burden of proof on assessee
  • Strict vs liberal construction (as settled by Supreme Court)

6. Assessment & Re-assessment

  • Self-assessment and verification
  • Provisional assessment
  • Re-opening of assessments
  • Errors, rectification, and review

7. Search, Seizure & Arrest

  • Legal safeguards and procedures
  • Recording of statements
  • Evidentiary value of confessions
  • Rights of the accused

8. Confiscation & Penalties

  • Grounds for confiscation of goods
  • Redemption fine
  • Penalties on importers/exporters and intermediaries
  • Distinction between civil liability and criminal prosecution

9. Adjudication Process

  • Issue of show cause notice
  • Principles of natural justice
  • Role and powers of adjudicating authority
  • Time limits and procedural compliance

10. Appeals & Remedies

  • Appeals to Commissioner (Appeals)
  • Tribunal (CESTAT) procedure
  • Appeals to High Court and Supreme Court
  • Revision powers
  • Stay, waiver of pre-deposit

11. Foreign Trade Policy (FTP)

  • Export-import policy framework
  • Incentive schemes (like duty drawback, EPCG)
  • Violations and penalties
  • Interaction with customs law

12. Offences & Prosecution

  • Smuggling and illegal trade
  • Criminal liability under customs law
  • Prosecution procedure
  • Compounding of offences

13. Case Law Digest

  • Topic-wise compilation of Supreme Court judgments
  • Key legal principles extracted
  • Conflicting views clarified

14. Practical & Procedural Guidance

  • Drafting show cause replies
  • Handling adjudication hearings
  • Strategy in appeals
  • Compliance tips for businesses

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Product Summary

Justice S V Maruthi Supreme Court on Customs Law Practice & Procedure with Commentary

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