Major Amendments in Customs Act, 1962 by the Union Budget 2021-22



Quick Summary
The Indian Budget 2021 has introduced significant amendments to the Customs Act of 1962, aimed at improving trade facilitation and ease of doing business. Key changes include mandating the filing of bills of entry before goods arrive, allowing importers/exporters to self-amend documents, and recognising a common portal for digital customs interactions. The amendments also focus on enhancing efficiency and accountability by setting time limits for investigations and stipulating expiry dates for conditional exemptions. Furthermore, measures to improve tax compliance include provisions for confiscation of goods with wrongful remission/refund claims and penalties for fraudulent export duty refund claims.

Budget 2021: Key Customs Act 1962 Amendments Explained

S. No.

Amendment

A.

Reduce dwell time and EoDB (Trade facilitation)

1.

It is proposed to mandate filing of bills of entry before the end of day

preceding the day of arrival of goods (Section 46).

2.

It is proposed to allow the specified amendments by importer/exporter

on self-amendment basis. Hitherto all amendments were to be approved by the officer. (Section 149).

3.

To encourage paperless processing, it is proposed to recognize the use of common portal to serve notice, order etc and the portal to act as a one-point digital interface for the trade to interact with the Customs.

B.

Efficiency and accountability

1

It is proposed to add a new provision in law to prescribe that all conditional exemptions, unless otherwise specified or varied or rescinded, given under Customs Act shall come to an end on 31st March falling immediately two years after the date of such grant or variation. (Section 25 of the Customs Act).

2.

It is proposed to introduce a new section 28BB to prescribe a definite time-period of two years subject to certain exceptions, for completion of investigations.

C.

Improving tax compliance

1.

A new provision is being proposed that any goods entered for exportation making wrongful claim of remission or refund shall be liable to confiscation [sub-section (ja) is being added to section 113 of the Customs Act].

2.

A new provision is being inserted in the Customs Act (section 114AC) to prescribe penalty in specific case where any person claims refund of tax or duty discharge, using fraudulent invoices, on exports of goods.

D.

Disposal of seized gold

1.

Section 110 of the Customs Act is proposed to be amended to revise the procedure for pre-trial disposal of seized gold for expediting such disposals

FAQ :

Bills of entry will now be mandated to be filed before the end of the day preceding the day of goods arrival.

Importers and exporters can now make specified amendments on a self-amendment basis, whereas previously officer approval was required.

Conditional exemptions granted under the Customs Act will now automatically end on 31st March, two years after their grant or variation, unless otherwise specified.

Yes, a new section 28BB is being introduced to prescribe a time limit of two years, with certain exceptions, for the completion of investigations.

Goods entered for exportation with a wrongful claim of remission or refund will be liable to confiscation.

A new section 114AC prescribes penalties for individuals who fraudulently claim tax or duty refunds on exported goods using false invoices.




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