CUSTOM AND EXCISE LAWS
The Central Board of Excise and Custom is the nodal national agency responsible for administering Customs, Central Excise, Service Tax & Narcotics in India. The Customs & Central Excise department was established in the year 1855 by the then British Governor General of India, to administer customs laws in India and collection of import duties / land revenue. It is one of the oldest government departments of India.
India's excise duties, sales taxes, VAT, and customs duties are all similar in the way that they are set up and calculated. All are tied closely to the location where business is conducted and have a tax determination structure that is influenced by common factors.
Excise duty, sales tax, VAT, and customs duty calculation methods are similar in that they can be calculated based on percentage, quantity, or ad hoc amount, and they require the calculation of multiple taxes and tax lines for each tax type. The excise duty, sales tax, VAT, and customs duty structure is designed to be flexible enough to accommodate changes that may impact rate determination resulting from changes to excise, sales, customs, and VAT statutes and legislation.
Various business rules exist for determining the basis on which taxes are calculated. Accordingly, you can define the elements that form the basis on which tax is calculated, and define the tax calculation scheme. You define how accounting entries are created for excise duties, sales taxes, VAT, and customs duty, as well as how inventory values are updated with no recoverable taxes.
An excise or excise tax is an inland tax on the sale, or production for sale, of specific goods or a tax on a good produced for sale, or sold, within a country or licenses for specific activities. Excises are distinguished from customs duties, which are taxes on importation. Excises are inland taxes, whereas customs duties are border taxes.
An excise is considered an indirect tax, meaning that the producer or seller who pays the tax to the government is expected to try to recover or shift the tax by raising the price paid by the buyer. Excises are typically imposed in addition to another indirect tax such as a sales tax or value added tax (VAT). In common terminology (but not necessarily in law), an excise is distinguished from a sales tax or VAT in three ways:
- an excise typically applies to a narrower range of products;
- an excise is typically heavier, accounting for a higher fraction of the retail price of the targeted products; and
- an excise is typically a per unit tax, costing a specific amount for a volume or unit of the item purchased, whereas a sales tax or VAT is an ad valorem tax and proportional to the price of the good.
Customs Duty is a type of indirect tax levied on goods imported into India as well as on goods exported from India. Taxable event is import into or export from India. Import of goods means bringing into India of goods from a place outside India. India includes the territorial waters of India which extend upto 12 nautical miles into the sea to the coast of India. Export of goods means taking goods out of India to a place outside India.
In India, the basic law for levy and collection of customs duty is Customs Act, 1962. It provides for levy and collection of duty on imports and exports, import/export procedures, prohibitions on importation and exportation of goods, penalties, offences, etc.
The Constitutional provisions have given to Union the right to legislate and collect duties on imports and exports. The Central Board of Excise & Customs (CBEC) is the apex body for customs matters. Central Board of Excise and Customs (CBEC) is a part of the Department of Revenue under the Ministry of Finance, Government of India. It deals with the task of formulation of policy concerning levy and collection of customs duties, prevention of smuggling and evasion of duties and all administrative matters relating to customs formations. The Board discharges the various tasks assigned to it, with the help of its field organizations namely the Customs, Customs (preventive) and Central Excise zones, Commissionerate of Customs, Customs (preventive), Central Revenues Control Laboratory and Directorates. It also ensures that taxes on foreign and inland travel are administered as per law and the collection agencies deposit the taxes collected to the public exchequer promptly.