Overview
This lecture covered practical aspects of Customs, focusing on computation and valuation of Customs Duty, relevant dates, exchange rates, and step-by-step working through exam-style questions.
Relevant Dates for Customs Computation
- For imports, the relevant date for duty rate is the later of bill of entry filing or entry inwards of the vessel.
- For warehoused goods, it is the date of filing the second bill of entry for home consumption.
- For exports, the relevant date is when the officer permits clearance and loading of goods.
- For exchange rate, always use the rate as notified by CBIC on the bill of entry date for imports and shipping bill date for exports.
Understanding Exchange Rates in Customs
- The exchange rate is always as notified by CBIC, not the RBI or market rate.
- Multiple rates may exist, but only the CBIC-notified rate is used in customs calculations.
Computation of Customs Duty
- Assessable value (AV) is taken as given or calculated using currency conversion at the CBIC rate.
- Basic Customs Duty (BCD) is first computed on AV.
- Social Welfare Surcharge (SWS) is 10% of BCD.
- Add BCD, SWS, and any protective duties (e.g., safeguard, anti-dumping, countervailing), if applicable.
- IGST and Compensation Cess (if applicable) are calculated on the total of AV, BCD, SWS, and protective duties.
- Compensation Cess is calculated on value, not on tax.
Practical Adjustments & Valuation
- If air freight is paid, include lower of actual air freight or 20% of FOB value.
- For insurance, include actual amount; if not known, add 1.125% of FOB.
- Include commission (except buying commission), packing, container costs, and any proportionate tools/components used up to import.
- When value is free/not ascertainable, use value of identical/similar goods imported at/near same time and quantity.
- For export, use FOB value only; do not add insurance/freight.
Handling Special Cases
- Do not levy safeguard/anti-dumping/countervailing duty if imports from a single developing country are ≤3% or combined developing countries are ≤9% of total imports.
- If several identical/similar values are available, select the lowest value for assessment.
Key Terms & Definitions
- Bill of Entry — Document filed for customs clearance of imported goods.
- Assessable Value (AV) — Value on which customs duties are calculated.
- Basic Customs Duty (BCD) — Primary duty levied on imports.
- Social Welfare Surcharge (SWS) — Additional charge, usually 10% of BCD.
- IGST — Integrated Goods and Services Tax applied on imports.
- CBIC — Central Board of Indirect Taxes and Customs, sets official exchange rates.
- FOB (Free on Board) — Value of goods at exporter's port, excluding insurance and freight.
- CIF (Cost, Insurance, Freight) — Value including insurance and freight to importer's port.
Action Items / Next Steps
- Download and review the practical question set from the portal.
- Practice computation and valuation problems using the specified formats.
- Revise customs valuation rules and relevant sections (14, 15, 16, valuation rules).
- Read and familiarize with bar acts for customs and IGST for future reference.