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V.S. Datey Customs Law & Practice with Foreign Trade Policy

From Taxmann
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Author :V.S. Datey

Publisher :Taxmann

ISBN No :978-9364553810

SKU :TMP64157

Edition :27 edition 2025

Pages :1272

Format :Hardbound

HSN No :49011010

Country Region :India

Weight :1.575 kg

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Description

Customs Law & Practice with Foreign Trade Policy

This subject provides a comprehensive understanding of customs regulations and their practical application in international trade. It explores the legal framework governing the import and export of goods in India, with a strong emphasis on the Customs Act, 1962, and the Customs Tariff Act, 1975. Additionally, it integrates the latest Foreign Trade Policy (FTP) issued by the Directorate General of Foreign Trade (DGFT), covering its objectives, provisions, and incentives available to exporters and importers.

Key Topics Covered:

  • Introduction to Customs Law
    Legal background, objectives, and key definitions under the Customs Act, 1962.

  • Levy of Customs Duty
    Types of duties (Basic Customs Duty, IGST, Safeguard Duty, Anti-Dumping Duty, etc.), valuation under Customs (transaction value), and assessment procedures.

  • Import and Export Procedures
    Detailed process flow including documentation, classification, warehousing, clearance, and examination of goods.

  • Baggage Rules, Postal Imports, and Courier Imports
    Special provisions related to passenger baggage, postal parcels, and courier shipments.

  • Offences and Penalties under Customs Law
    Provisions related to confiscation of goods, prosecution, and compounding of offences.

  • Appeals and Revision
    Procedures before the Commissioner (Appeals), CESTAT, High Court, and Supreme Court.

  • Foreign Trade Policy (FTP)

    • Objectives and overview

    • Export promotion schemes (e.g., Advance Authorization, EPCG, RoDTEP)

    • Deemed exports and SEZ provisions

    • Import-export licensing and documentation

  • Recent Developments and Case Laws
    Updates on recent amendments, circulars, and significant judicial pronouncements.

Learning Outcomes:

  • Understand the statutory provisions and practical procedures related to customs.

  • Accurately classify goods and determine customs duties.

  • Apply Foreign Trade Policy to real-world business scenarios.

  • Prepare and process import/export documents effectively.

  • Navigate compliance requirements and resolve disputes under customs law.

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Content

Module 1: Introduction to Customs Law

  • Genesis and history of customs laws in India

  • Constitutional provisions relating to taxation on imports and exports

  • Overview of the Customs Act, 1962 and Customs Tariff Act, 1975

  • Objectives and importance of customs regulation


Module 2: Basic Concepts and Definitions

  • Key terms: Import, Export, Indian customs waters, India, Territorial waters, etc.

  • Types of customs duties:

    • Basic Customs Duty (BCD)

    • Countervailing Duty (CVD)

    • Additional Duty of Customs (IGST)

    • Anti-dumping Duty, Safeguard Duty

  • Classification of goods – Harmonized System of Nomenclature (HSN) and Tariff Schedule


Module 3: Valuation under Customs

  • Valuation rules: Customs Valuation (Determination of Value of Imported Goods) Rules, 2007

  • Transaction value concept

  • Inclusions and exclusions in assessable value

  • Computation of customs duty with examples


Module 4: Import and Export Procedures

  • Import process: Bill of Entry, assessment, examination, and clearance

  • Export process: Shipping Bill, examination, and Let Export Order (LEO)

  • Role of Customs Brokers and CHA Licensing

  • Warehousing of goods – Public and Private Warehouses

  • EDI and ICEGATE system in customs


Module 5: Special Provisions

  • Baggage Rules – Transfer of Residence, Tourist baggage

  • Postal Imports and Courier Imports

  • Transit and Transshipment of goods

  • Coastal goods and coastal shipping regulations


Module 6: Exemptions, Refunds, and Remissions

  • General and specific exemptions under Section 25

  • Refund of customs duty

  • Remission and abatement of duty in special cases (e.g., pilferage, damage)


Module 7: Penalties, Offences, and Adjudication

  • Confiscation of goods and conveyances

  • Penalty provisions for improper import/export

  • Prosecution under customs law

  • Adjudication process – show cause notices and personal hearings


Module 8: Appeals and Legal Remedies

  • Appeal procedures: Commissioner (Appeals), CESTAT, High Courts, and Supreme Court

  • Revision application to the Central Government

  • Alternative dispute resolution mechanisms


Module 9: Introduction to Foreign Trade Policy (FTP)

  • Objectives and features of the current FTP (2023 or latest)

  • Role of DGFT

  • Legal framework: FT(D&R) Act, 1992


Module 10: Export Promotion Measures and Schemes

  • Duty Exemption and Remission Schemes:

    • Advance Authorization Scheme

    • Duty-Free Import Authorization (DFIA)

    • EPCG Scheme (Export Promotion Capital Goods)

    • RoDTEP Scheme (Remission of Duties and Taxes on Export Products)

  • Duty drawback provisions

  • Status Holder Scheme


Module 11: Imports and Export Licensing

  • Import/export restrictions and negative/restricted lists

  • Licensing procedure and application under DGFT

  • IEC (Importer Exporter Code) – application and usage


Module 12: Special Economic Zones (SEZs) and Deemed Exports

  • Concept and advantages of SEZs

  • SEZ Act and Rules – key provisions

  • Benefits and compliance requirements

  • Deemed exports and benefits under FTP


Module 13: Recent Developments and Case Studies

  • Key changes and notifications in Customs Law and FTP

  • Recent judgments from CESTAT, High Courts, and Supreme Court

  • Practical case studies on import/export procedures, valuation, and classification

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V.S. Datey Customs Law & Practice with Foreign Trade Policy

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