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        Case ID :

        AMENDMENTS TO THE CUSTOMS ACT, 1962

        1 February, 2025

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        Union Budget 2025-26 (Full) + Finance Bill, 2025

        CUSTOMS

        Note:

        (a) “Basic Customs Duty (BCD)” means the customs duty levied under the Customs Act, 1962.

        (b) “Agriculture Infrastructure and Development Cess (AIDC)” means a duty of customs that is levied under Section 124 of the Finance Act, 2021.

        (c) “Health Cess” means a duty of customs that is levied under Section 141 of the Finance Act, 2020.

        (d) “Social Welfare Surcharge (SWS)” means a duty of customs that is levied under Section 110 of the Finance Act, 2018.

        (e) Clause Nos. in square brackets [ ] indicate the relevant clause of the Finance Bill, 2025.

        (f) Amendments carried out through the Finance Bill, 2025, will come into effect on the date of its enactment or from 1st May 2025 or as may be specified.

        I. AMENDMENTS TO THE CUSTOMS ACT, 1962

        S. No.

         Amendment

        Clause of the Finance Bill, 2025

         

        These changes will come into effect from the date of enactment of the Finance Bill, 2025

         

        (i)

        Insertion of new sub section in Section 18

         

         

        a) A new sub-section (1B) is being inserted in Section 18 of the Customs Act, 1962 so as to provide definite time limit of two years for finalisation of provisional assessment. It also provides that this time period may be extended by the Commissioner of Customs for a further period of one year if sufficient cause is shown. Further, it also provides that, for the pending cases, the time-limit shall be reckoned from the date of assent of the Finance Bill.

        b) A new sub-section (1C) is being inserted to provide for certain grounds on which the time-limit of two years for finalizing provisional assessment shall remain suspended.

        [87]       

         

         

         

        [87]

        (ii)

        Insertion of New Section

         

         

        A new section 18A is being inserted after Section 18 of the Customs Act, 1962 for voluntary revision of entry post clearance so that the importers and exporters may revise any entry that is made in relation to the goods within a prescribed time and according to certain conditions as may be prescribed. It also provides for treating such entry as self-assessment and allowing payment of duty or treating the revised entry as a refund claim under section 27. It also provides for certain cases where this section will not apply.

        [88]

        (iii)

        Insertion of new Explanation in Section 27(1)

         

         

        A new Explanation is being inserted in sub-section (1) of section 27 of the Customs Act, 1962, to clarify that the period of limitation of the claim of refund consequent to the revised entry under section 18A or amendment under section 149 of the Customs Act, 1962, shall be one year from the date of payment of duty or interest.

        [89]

        (iv)

        Insertion of new clause in Explanation 1 of Section 28

         

         

        A new clause is being inserted in Explanation 1 of section 28 of the Customs Act, 1962, wherein, the relevant date in the case where duty is paid under the revised entry under section 18A is the date of payment of duty or interest.

        [90]

        (v)

        Insertion of new clause in Section 127A

         

         

        A new clause is being inserted after clause (d) and (e) in section 127A of the Customs Act, 1962, to define Interim Board, Member of the Interim Board and pending applications.

        [91]

        (vi)

        Insertion of new provisos in Section 127B

         

         

        Two new provisos are being inserted after sub-section (5) in section 127B of the Customs Act, 1962 to provide end date for receipt of applications under this section.

        [92]

        (vii)

        Insertion of new sub-section in Section 127C

         

         

        A new sub-section is being inserted after sub-section (11) in section 127C of the Customs Act, 1962, providing time limit for extension by the interim board.

        [93]

        (viii)

        Insertion of new sub-section in Section 127D

         

         

        A new sub-section is being inserted after sub-section (2) in section 127D of the Customs Act, 1962, clarifying that the powers of Settlement Commission shall be exercised by the Interim Board and further provisions of this section shall mutatis mutandis apply to the Interim Board as they apply to the Settlement Commission.

        [94]

        (ix)

        Insertion of new sub-section in Section 127F

         

         

        A new sub-section is being inserted after sub-section (4) in section 127F of the Customs Act, 1962, providing that the powers and functions of Settlement Commission shall be exercised or performed by the Interim Board.

        [95]

        (x)

        Insertion of Proviso to Section 127G

         

         

        A proviso to section 127G of the Customs Act, 1962 is being inserted providing that the powers and functions of Settlement Commission shall be exercised or performed by the Interim Board.

        [96]

        (xi)

        Insertion of new sub section in Section 127H

         

         

        A new sub-section is being inserted after sub-section (3) in section 127H of the Customs Act, 1962 providing that the powers and functions of Settlement Commission shall be exercised or performed by the Interim Board.

        [97]

         


        Full Text:

        Union Budget 2025-26 (Full) + Finance Bill, 2025

        Provisional assessment time-limit set with limited extension; voluntary post-clearance revision permitted; Interim Board to exercise Settlement Commission powers. A definite time limit is imposed for provisional assessments under Section 18: finalisation within two years with a possible one year Commissioner extension and suspension grounds; Section 18A establishes voluntary post clearance revision treated as self assessment permitting duty payment or refund claims, with refund limitation of one year from payment and the relevant date for revised entry being the date of payment. Amendments also define an Interim Board and allocate Settlement Commission powers to it.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Provisional assessment time-limit set with limited extension; voluntary post-clearance revision permitted; Interim Board to exercise Settlement Commission powers.

                              A definite time limit is imposed for provisional assessments under Section 18: finalisation within two years with a possible one year Commissioner extension and suspension grounds; Section 18A establishes voluntary post clearance revision treated as self assessment permitting duty payment or refund claims, with refund limitation of one year from payment and the relevant date for revised entry being the date of payment. Amendments also define an Interim Board and allocate Settlement Commission powers to it.





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                              ActsIncome Tax
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