Detail Analysis - Import Custom Duty
Sachin Kharatmal
International Logistics Proficient with 10 yrs in Import-Export Operations & International Pricing. Expertise in Air & Sea, Cross Trade shipments & end-to-end international logistics solutions.
Import Custom Duty in India is a type of tax levied on goods imported into the country. It is a critical component of the country's trade policy and is used to regulate the flow of goods into India. Here's a detailed explanation of Import Custom Duty in India:
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Types of Import Custom Duty
1. Basic Customs Duty (BCD): This is the primary duty levied on imported goods. The rate of BCD varies depending on the type of goods and their country of origin.
2. Additional Customs Duty (ACD): Also known as Countervailing Duty (CVD), this duty is levied to counter the export subsidies provided by the country of origin.
3. Special Additional Duty (SAD): This duty is levied on imported goods to bring the effective rate of duty to the level of the Central Value Added Tax (CENVAT) rate.
4. Anti-Dumping Duty (ADD): This duty is levied on imported goods that are dumped into India at a price lower than their normal value.
5. Safeguard Duty (SGD): This duty is levied on imported goods to protect domestic industries from a sudden surge in imports.
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Calculation of Import Custom Duty
The calculation of Import Custom Duty involves the following steps:
1. Determination of the Assessable Value: The assessable value is the value of the imported goods on which the customs duty is levied.
2. Application of the Tariff Rate: The tariff rate is applied to the assessable value to determine the basic customs duty.
3. Addition of Other Duties: Other duties such as ACD, SAD, ADD, and SGD are added to the basic customs duty.
4. Calculation of the Total Duty: The total duty is calculated by adding up all the duties.
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Exemptions and Concessions
There are several exemptions and concessions available under the Import Custom Duty regime in India:
1. Duty-Free Imports: Certain goods such as life-saving drugs and equipment are exempt from customs duty.
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2. Concessional Duty Rates: Concessional duty rates are available for certain goods such as capital goods and project imports.
3. Export Promotion Schemes: Export promotion schemes such as the Export Oriented Unit (EOU) scheme and the Special Economic Zone (SEZ) scheme provide exemptions and concessions from customs duty.
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Compliance and Penalties
Compliance with the Import Custom Duty regime in India is critical to avoid penalties and other consequences:
1. Filing of Bill of Entry: The importer must file a bill of entry with the customs authorities within a specified timeframe.
2. Payment of Duty: The importer must pay the customs duty within a specified timeframe.
3. Maintenance of Records: The importer must maintain accurate records of imports and exports.
4. Penalties for Non-Compliance: Penalties for non-compliance with the Import Custom Duty regime in India include fines, imprisonment, and confiscation of goods.
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Recent Developments
There have been several recent developments in the Import Custom Duty regime in India:
1. Goods and Services Tax (GST): The GST regime has replaced the earlier tax regime, including the customs duty regime.
2. Customs Tariff Act, 1975: The Customs Tariff Act, 1975, has been amended several times to reflect changes in the customs duty regime.
3. Foreign Trade Policy (FTP): The FTP provides a framework for India's foreign trade policy, including the customs duty regime.
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Conclusion
The Import Custom Duty regime in India is a complex and dynamic regime that is critical to the country's trade policy. Compliance with the regime is essential to avoid penalties and other consequences.