The concept of import duty is very wide and is almost applicable to every product
or item imported to India barring a few goods like food grains, fertilizer, life
saving drugs and equipment etc. Import duties form a significant source of revenue
for the country and are levied on the goods and at the rates specified in the Schedules
to the Customs Tariff Act, 1975.
Import through Sea
Territorial water extends up to 12 nautical miles into the sea from the coast of
India and so the liability to pay import duty commences as soon as goods enter the
territorial waters of India. No duty is livable on goods which are in transit in
the same ship or if goods are in transit from one ship to another.
Basic duty
Basic Duty is a type of duty or tax imposed under the Customs Act (1962). Basic
Customs Duty varies for different items from 5% to 40%. The duty rates are mentioned
in the First Schedule of the Customs Tariff Act, 1975 and have been amended from
time to time under the Finance Act. The duty may be fixed on ad –valorem basis or
specific rate basis. The Central Government has the power to reduce or exempt any
good from these duties.
Additional customs
Additional duty also known as countervailing duty or C.V.D is equal to excise duty
imposed on a like product manufactured or produced in India. It is implemented under
the Section 3 (1) of the Indian Custom Tariff Act. The Government has exempted all
goods, when imported into India for subsequent sale, from the whole of the additional
duty of customs leviable thereon under Sub-Section (5) of Section 3 of the Customs
Tariff Act vide Customs Tariff Notification No. 102/2007 dated 14th September 2007.
However, the importers will be first required to pay the said duty and thereafter
required to claim the refund.
Special additional duty
Special Additional Duty of Customs is imposed at the rate of 4% in order to provide
a level playing field to indigenous goods which have to bear sales tax. This duty
is to computed on the aggregate of –
- assessable value
- basic duty of Customs
- surcharge
- additional duty of Customs leviable under section 3 of the Customs Tariff Act, 1975
(c.v.d.)
Anti-Dumping Duty
Dumping means exporting goods in a foreign market at a price which is less than
their cost of production or below their "fair" market value. Dumping gives a hard
competition to a domestic goods manufacturer. So, to counteract this dumping, the
Indian government has formulated certain guidelines and policies. Imposing duty
on imported goods is also one of them and is known as Anti-Dumping Duty.
All the laws related to anti-dumping duties are mention in the sections 9A, 9B and
9C of the Indian Customs Tariff Act (1975), and the Indian Customs Tariff Rules
(1995). These laws are based on the Agreement on Anti-Dumping which is in pursuance
of Article VI of GATT 1994.