Amendments in Customs Act, 1969 (IV of 1969)

Proposed Amendments — Section wise

Sub-section (1) of Section 25A – Amendment

This section deals with the power to determine the custom value whereby the Director/Collector of Customs Valuation on his own motion or on a reference made to him by any person may determine the custom value of any goods.

The bill proposed to omit the expression “the Collector of Customs on his own motion”. Now the Director Customs Valuation can on a reference made to him by any person may determine the custom value of any goods.

Sub-section (3) of Section 80 – Amendment

This section relates to checking of goods declaration by the Customs. It explains that if during the checking of goods declaration, it is found that any statement in such declaration or document or any information so furnished is not correct, the goods be re-assessed to duty and taxes.

However, the bill seeks to omit the expression “If during the checking of goods declaration”.

Hence, according to proposed amendment, now if the customs authority found any time that any statement in such declaration or document or any information so furnished is not correct, the goods be re-assessed to duty and taxes.

Sub-section (1) of Section 81 – Amendment

(4) in section 81, in sub-section (1), the expression “corporate guarantee”, wherever occurring, shall be omitted;

The bill seeks to amend this section whereby the provisional assessment shall be made subject to payment of determined provisional liability of duties and taxes.

Previously, the provisional assessment can be made subject to payment of provisional liability of duties and taxes or against bank guarantee. Now the bill seeks to withdraw the option of bank guarantee.

Sub-section (1) of Section 194A – New Insertion

The bill seeks to insert new clause (f) as under;

(f) an order passed in revision by the Director-General Customs Valuation under section 25D, provided that such appeal shall be heard by a special bench consisting of one technical member and one judicial member.

As this section relates to appeal to the Appellate Tribunal. According to this newly inserted clause now any order passed in revision by the Director-General Customs Valuation under section 25D is appealable to a special bench of the Appellate Tribunal.