Chapter 3. Chapter I of Customs Act -Preliminary (SECTION 1 & 2).ppt

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CHAPTER I OF CUSTOMS ACT -
PRELIMINARY
(SECTION 1 & 2)

Section 1. Short title, extent and commencement.—
1) This Act may be called the Customs Act, 1962.
2) It extends to the whole of India1[and, save as otherwise
provided in this Act, it applies also to any offence or
contravention thereunder committed outside India by any
person.]
3) It shall come into force on such date2 as the Central
Government may, by notification in the Official Gazette,
appoint.
2

Section 2. Definitions. –
In this Act, unless the context otherwise requires,
3

“Adjudicating authority"
means any authority competent to pass any order or decision
under this Act, but does not include the 4 [Board, Commissioner
(Appeals)] or Appellate Tribunal;]
4

“Aircraft"
has the same meaning as in the Aircraft Act, 1934 (22 of 1934);]
5

"Appellate Tribunal"
means the Customs, Excise and 5 [Service Tax] Appellate Tribunal
constituted under section 129;]
6

“Assessment”
means determination of the dutiability of any goods and the
amount of duty, tax, cess or any other sum so payable, if any,
under this Act or under the Customs Tariff Act, 1975 (hereinafter
referred to as the Customs Tariff Act) or under any other law for
the time being in force, with reference to—
a) the tariff classification of such goods as determined in
accordance with the provisions of the Customs Tariff Act;
b) the value of such goods as determined in accordance with the
provisions of this Act and the Customs Tariff Act;
7

“Assessment”
c) exemption or concession of duty, tax, cess or any other sum,
consequent upon any notification issued therefor under this
Act or under the Customs Tariff Act or under any other law for
the time being in force;
d) the quantity, weight, volume, measurement or other specifics
where such duty, tax, cess or any other sum is leviable on the
basis of the quantity, weight, volume, measurement or other
specifics of such goods;
8

“Assessment”
e) the origin of such goods determined in accordance with the
provisions of the Customs Tariff Act or the rules made
thereunder, if the amount of duty, tax, cess or any other sum is
affected by the origin of such goods;
f) any other specific factor which affects the duty, tax, cess or any
other sum payable on such goods, and includes provisional
assessment, self-assessment, re-assessment and any
assessment in which the duty assessed is nil;
9

“Baggage"
includes unaccompanied baggage but does not include motor
vehicles;
10

“Beneficial owner”
means any person on whose behalf the goods are being imported
or exported or who exercises effective control over the goods
being imported or exported;]
11

“Bill of entry"
means a bill of entry referred to in section 46;
12

“Bill of export"
means a bill of export referred to in section 50;
13

"Board"
means the 8 [9[Central Board of Indirect Taxes and
Customs]constituted under the Central Boards of Revenue Act,
1963 (54 of 1963)];
14

“Coastal goods"
means goods, other than imported goods, transported in a vessel
from one port in India to another;
15

"Commissioner (Appeals)"
means a person appointed to be a Commissioner of Customs
(Appeals) under sub-section (1) of section 4;]
12[Principal Commissioner of Customs or Commissioner of
Customs], except for the purposes of Chapter XV, includes an
Additional Commissioner of Customs;]
16

“Conveyance"
includes a vessel, an aircraft and a vehicle;
17

“Customs airport"
means any airport appointed under clause (a) of section 7 to be a
customs airport 13[and includes a place appointed under clause
(aa) of that section to be an air freight station];
18

“Customs area"
means the area of a customs station 14[or a warehouse] and
includes any area in which imported goods or export goods are
ordinarily kept before clearance by Customs Authorities;
19

“Customs port"
means any port appointed under clause (a) of section 7 to be a
customs port 15[, and includes a place appointed under clause
(aa) of that section to be an inland container depot];
20

“Customs station"
means any customs port, 16[customs airport, international courier
terminal, foreign post office] or land customs station;
21

“Duty"
means a duty of customs leviable under this Act;
22

“Entry"
in relation to goods means an entry made in a bill of entry,
shipping bill or bill of export and includes 17[* * *] the entry
made under the regulations made under section 84;
23

“Examination"
in relation to any goods, includes measurement and weighment
thereof;
24

“Export”
with its grammatical variations and cognate expressions, means
taking out of India to a place outside India;
25

“Export goods"
means any goods which are to be taken out of India to a place
outside India;
26

“Exporter"
in relation to any goods at any time between their entry for
export and the time when they are exported, includes 18[any
owner, beneficial owner] or any person holding himself out to be
the exporter;
27

“Foreign post office”
means any post office appointed under clause (e) of sub-section
(1) of section 7 to be a foreign post office;]
28

“Foreign-going vessel or aircraft"
means any vessel or aircraft for the time being engaged in the
carriage of goods or passengers between any port or airport in
India and any port or airport outside India, whether touching any
intermediate port or airport in India or not, and includes –
i. any naval vessel of a foreign Government taking part in any
naval exercises;
ii. any vessel engaged in fishing or any other operations outside
the territorial waters of India;
iii. any vessel or aircraft proceeding to a place outside India for
any purpose whatsoever;
29

"Fund"
means the Consumer Welfare Fund established under section 12C
of the Central Excises and Salt Act, 1944 (1 of 1944);]
30

“Goods"
includes -
a. vessels, aircrafts and vehicles;
b. stores;
c. baggage;
d. currency and negotiable instruments; and
e. any other kind of movable property;
31

“Import"
with its grammatical variations and cognate expressions, means
bringing into India from a place outside India;
32

“Import report"
means the manifest or report required to be delivered under
section 30;
33

“Imported goods"
means any goods brought into India from a place outside India
but does not include goods which have been cleared for home
consumption;
34

“Importer"
in relation to any goods at any time between their importation
and the time when they are cleared for home consumption,
includes 22[any owner, beneficial owner] or any person holding
himself out to be the importer;
35

"India"
includes the territorial waters of India;
36

"Indian Customs Waters"
means the 23[waters extending into the sea up to the limit of
24[Exclusive Economic Zone under section 7] of the Territorial
Waters, Continental Shelf, Exclusive Economic Zone and other
Maritime Zones Act, 1976, (80 of 1976)] and includes any bay,
gulf, harbour, creek or tidal river;
37

“Land Customs Station"
means any place appointed under clause (b) of section 7 to be a
land customs station;
38

“Market price"
in relation to any goods, means the wholesale price of the goods
in the ordinary course of trade in India;
39

"National Tax Tribunal"
means the National Tax Tribunal established under section 3 of
the National Tax Tribunal Act, 2005 (49 0f 2005);]
40

“Notification”
means notification published in the Official Gazette and the
expression “notify” with its cognate meaning and grammatical
variation shall be construed accordingly;]
41

“Passenger name record information”
means the records prepared by an operator of any aircraft or
vessel or vehicle or his authorised agent for each journey booked
by or on behalf of any passenger;]
42

“Person-in-charge"
means, -
a. in relation to a vessel, the master of the vessel;
b. in relation to an aircraft, the commander or pilot-in-charge of
the aircraft;
c. in relation to a railway train, the conductor, guard or other
person having the chief direction of the train;
d. in relation to any other conveyance, the driver or other
person-in-charge of the conveyance;
43

“Prescribed"
means prescribed by regulations made under this Act;
44

“Prohibited goods"
means any goods the import or export of which is subject to any
prohibition under this Act or any other law for the time being in
force but does not include any such goods in respect of which the
conditions subject to which the goods are permitted to be
imported or exported have been complied with;
45

“Proper officer"
in relation to any functions to be performed under this Act, means
the officer of customs who is assigned those functions by the
Board or the 12[Principal Commissioner of Customs or
Commissioner of Customs];
46

“Regulations"
means the regulations made by the Board under any provision of
this Act;
47

“Rules"
means the rules made by the Central Government under any
provision of this Act;
48

“Shipping bill"
means a shipping bill referred to in section 50;
49

“Stores"
means goods for use in a vessel or aircraft and includes fuel and
spare parts and other articles of equipment, whether or not for
immediate fitting;
50

“Smuggling"
in relation to any goods, means any act or omission which will
render such goods liable to confiscation under section 111 or
section 113;
51

“Tariff value"
in relation to any goods, means the tariff value fixed in respect
thereof under sub-section (2) of section 14;
52

“Value"
in relation to any goods, means the value thereof determined in
accordance with the provisions of 28[sub-section (1) or sub-
section (2) of Section 14];
53

“Vehicle"
means conveyance of any kind used on land and includes a
railway vehicle;
54

“Warehouse"
means a public warehouse licensed under section 57 or a private
warehouse licensed under section 58 or a special warehouse
licensed under section 58A;]
55

“Warehoused goods"
means goods deposited in a warehouse;
56

THANK YOU
57

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