Govt tightens customs laws; makes offences cognizable

Govt tightens customs laws; makes offences cognizable

In order to check duty evasion, the Government has proposed to tighten the Customs laws by making violation of certain provisions as cognizable offences, meaning that the offender will have to approach a Court or Magistrate to seek bail.

For offences which are punishable with imprisonment for 3 years or more under the Customs Act, the person will have to move the Court or magistrate for bail, as per the Budget proposal.

This Amended provisions in the Customs Act will come into effect if the market value of the goods on which duties have been evaded exceed

Rs1 crore, duty evasion of over Rs30 lakh or there is an attempt to import prohibited goods.

“...All offences punishable with a term of imprisonment of three years or more under Section 135 (of the Customs Act) shall be cognizable,” said the Memorandum to the Finance Bill 2012. It also said that for offences which are punishable with imprisonment for more than three years, the Court or Magistrate will give bail to the offender only after hearing the public prosecutors.

“Section 104A is being inserted to provide that bail in the case of offences punishable with a term of imprisonment of three years or more under Section 135 shall not be granted by a Court or Magistrate without an opportunity being given to the Public Prosecutor to present his case,” the amendment said.

As per the proposal, attempts to fraudulently avail duty drawbacks exceeding Rs35 lakhs will also be covered under the new provision.

The Government is also proposing to remove serious offences from Section 138 of the Act, which deals with summary trial.

 

source: dailypioneer.com

Replies (2)
Thanks . the same was done during current budget in march 2012.
Originally posted by : Rama Krishnan
Thanks . the same was done during current budget in march 2012.

THANKS FOR COMMENTS .. THIS IS NEWS POSTED IN RECENTLY 20 SEPTEMBER 2012 IN DAILY PIONEER, EDITION ........
 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
11 August 2026
COMPLIANCE EXECUTIVE

YMW COMPLIANCE SERVICES LLP

Others

CA Final

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

K R Kiran Kumar & Associates

Bengaluru

CA Inter

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details
Company
ARTICLESHIP 25 August 2026
CA Article's

Saini Pati Shah & Co LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 29 August 2026
Article Assistant

RRPM & ASSOCIATES LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
ARTICLESHIP 26 August 2026
Article Assistant

ANIVESH CONSULTANTS LLP

Gurgaon

CA Inter

View Details