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.
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.
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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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
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
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
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
Baggage Rules – Transfer of Residence, Tourist baggage
Postal Imports and Courier Imports
Transit and Transshipment of goods
Coastal goods and coastal shipping regulations
General and specific exemptions under Section 25
Refund of customs duty
Remission and abatement of duty in special cases (e.g., pilferage, damage)
Confiscation of goods and conveyances
Penalty provisions for improper import/export
Prosecution under customs law
Adjudication process – show cause notices and personal hearings
Appeal procedures: Commissioner (Appeals), CESTAT, High Courts, and Supreme Court
Revision application to the Central Government
Alternative dispute resolution mechanisms
Objectives and features of the current FTP (2023 or latest)
Role of DGFT
Legal framework: FT(D&R) Act, 1992
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
Import/export restrictions and negative/restricted lists
Licensing procedure and application under DGFT
IEC (Importer Exporter Code) – application and usage
Concept and advantages of SEZs
SEZ Act and Rules – key provisions
Benefits and compliance requirements
Deemed exports and benefits under FTP
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
| V.S. Datey Customs Law & Practice with Foreign Trade Policy |
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