Custom Duty

Customs duty plays a crucial role in international trade by regulating the flow of goods across borders. In India, it is a significant source of revenue for the government and serves multiple objectives, including protecting domestic industries and ensuring compliance with trade regulations. This article delves into the intricacies of customs duty in India, exploring its types, calculations, online payment methods, and the latest updates affecting import and export practices.

What is Customs Duty?

Customs duty is a tax levied on goods that cross international borders, both for imports and, in some cases, exports. It serves as a tool for the government to monitor and control the entry and exit of products, ensuring that local industries remain protected from foreign competition and that trade regulations are adhered to.

Key Aspects of Customs Duty

  • Regulatory Framework: The customs duty in India is governed by the Customs Act of 1962, which empowers the government to impose duties on imports and exports. The act also prohibits the import or export of certain products and establishes procedures for compliance.
  • Enforcement Authority: The Central Board of Excise and Customs (CBEC) is responsible for administering customs duties. Under the Ministry of Finance, CBEC formulates policies for customs formations, collects duties, and prevents smuggling.
  • Valuation: The customs duty applicable to an item can depend on various factors, including its value, weight, and origin. This ensures that the duty reflects the true worth of the goods being imported or exported.

Objectives of Customs Duty

Customs duty serves multiple objectives that extend beyond mere revenue collection:

  1. Revenue Generation: A significant portion of government revenue is derived from customs duties, which fund public services and infrastructure projects.
  2. Protection of Domestic Industries: By imposing tariffs on imported goods, customs duty safeguards local manufacturers from foreign competition, thus protecting jobs and fostering economic stability.
  3. Regulation of Trade: Customs duties help in regulating the flow of goods across borders, ensuring compliance with safety standards and intellectual property rights.

Economic Policy Tool: The government utilizes customs duty as a mechanism to implement its economic policies, such as promoting exports or discouraging the import of non-essential items.

Types of Customs Duty

Customs duties are generally categorized into two main types: Import Duty and Export Duty. Here’s a breakdown of various customs duties applicable in India:

  1. Basic Customs Duty (BCD)
  • Rate: Ranges from 0% to 100% based on the Harmonized System (HS) code.
  • Application: Levied on all imported goods, with exemptions for specific items such as lifesaving drugs.
  1. Special Additional Duty (SAD)
  • Rate: 4%.
  • Application: Applied on imported goods equivalent to locally produced items subject to sales tax.
  1. Countervailing Duty (CVD)
  • Rate: Varies from 0% to 12%.
  • Application: Imposed on goods benefiting from subsidies in their country of origin, preventing unfair advantages.
  1. Social Welfare Surcharge (SWS)
  • Rate: 10%.
  • Purpose: Introduced in 2018 to support social welfare projects, replacing previous education cess.
  1. Anti-dumping Duty
  • Application: Imposed to counteract dumping practices, where foreign goods are sold below market value, damaging local industries.
  1. Compensation Cess
  • Application: Imposed on specific goods like tobacco to compensate for revenue losses incurred from implementing the Goods and Services Tax (GST).
  1. Safeguard Duty
  • Application: Imposed to protect domestic industries from sudden surges in imports.
  1. Integrated Goods & Services Tax (IGST)
  • Rate: Varies (5%, 12%, 18%, 28%).
  • Application: Applies to both imported and local goods, unifying the tax structure under GST.
  1. Customs Handling Fee
  • Rate: 1%.

Application: Charged in addition to other applicable taxes.

How is Customs Duty Calculated?

The calculation of customs duty is primarily based on the assessed value of the goods. The Customs Valuation (Determination of Value of Imported Commodities) Rules, 2007 establishes how the value is determined. Here’s a brief overview of the methodology:

  • Transaction Value Method: The primary method, based on the price paid or payable for the goods.
  • Alternative Methods: If the transaction value cannot be determined, alternative valuation methods include:
    • Comparative Value Method: Compares similar goods.
    • Deductive Value Method: Uses the sale price in the importing country.
    • Computed Value Method: Based on production costs and profits.
    • Fallback Method: Offers flexibility based on previous methods.

Customs Duty Calculator

The ICEGATE portal features a duty calculator that helps importers estimate the customs duty for specific items. To use the calculator:

  1. Enter HS Code: Input the HS code of the item.
  2. Origin Country: Select the item's country of origin.
  3. Search: Obtain a detailed breakdown of customs duties applicable to the item.

Latest Customs Duty Rates in India

Customs duty rates are periodically revised based on government policies. Here are some recent rates for specific products:

  • Air Conditioners (HSN: 8415): 10-20%
  • Aviation Turbine Fuel (HSN: 2710): 0-5%
  • Colored Gemstones (HSN: 71): 5-7.5%
  • Household Refrigerators (HSN: 8418): 10-20%

e-Sanchit: Meaning

The Central Board of Indirect Taxes and Customs (CBIC) has launched e-Sanchit, aimed at digitizing the customs process. Key features include:

  • Online Filing: Registered users can submit customs-related documents electronically.
  • Mandatory Compliance: As of March 15, 2024, e-Sanchit will be mandatory for all customs filings.
  • Reduced Physical Interaction: Minimizes the need for physical document submissions, streamlining the customs process

Various Updates on Customs Duty in India

Union Budget 2024

  • Gold and Silver: Customs duty reduced to 6% for gold and 6.4% for platinum.
  • Comprehensive Review: A thorough review of customs duty rates is scheduled over the next six months.

Union Budget 2023

  • Lithium-Ion Cells: Concessional duty extended for another year.
  • Camera Lenses: Customs duty reduced to 2.50%.

Union Budget 2022

  • Duty-Free Imports: Exceptions introduced for handicrafts and leather goods.
  • Phasing Out Exemptions: More than 40 exemptions proposed for gradual removal.

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Frequently Asked Questions

Basic Customs Duty is a tax imposed under the Customs Act, differing for each item. The government has the authority to exempt certain goods.

Customs duties affect the cost of imports, influencing consumer prices and trade negotiations.

Personal belongings may incur customs duty depending on regulations and their value.

Exemption means certain goods are not subject to customs duty under specified conditions.

Required documents include a commercial invoice, bill of lading, packing list, and import/export license.

Trade agreements can reduce or eliminate customs duties on certain goods, promoting trade between countries.

Yes, you can appeal if you believe the customs duty assessment is incorrect through legal channels.

The process involves submitting a customs declaration, paying duties, and undergoing inspection.

Yes, customs duty rates can change based on policies and economic conditions.