Sunita Thomas, a non-resident Indian from Canada donated a milk processing machinery to Matri Charitable Trust (MCT) of Mumbai. MCT paid commission to local agent in India. Assistant Commissioner of Customs determined th
CS Professional · Advanced Tax Laws · PYQS · June 2024
Sunita Thomas, a non-resident Indian from Canada donated a milk processing machinery to Matri Charitable Trust (MCT) of Mumbai. MCT paid commission to local agent in India. Assistant Commissioner of Customs determined the FOB value of machine at Can $ 18,000. The trust accepted the value determined. Actual air freight paid was Can $ 4,500 and insurance cost was Can $ 1,600. Other details available are given below : (i) Commission paid to local agent of the exporter is Can $ 2,100 (paid in ₹ 1,26,000). (ii) Date of Bill of Entry presentation is 26th March, 2023. On this date, rate of BCD is 10%. Rate of exchange notified by CBIC is ₹ 60 per Can $; Reserve Bank Rate is ₹ 61 per Can $. (iii) Date of arrival of aircraft at customs station is 4th April, 2023. On this date, rate of BCD is 15%, Rate of exchange notified by CBIC is ₹ 59 per Can $; Reserve Bank Rate is ₹ 60 per Can $. (iv) Social welfare surcharge is leviable @ 10% and applicable IGST rate is 18%. Compute the assessable value under the Customs Act and also calculate basic customs duty payable, social welfare surcharge and IGST on import of machine. Assume that no exemption is available on this transaction and make suitable assumptions, if required.
Answer & Explanation:
Computation of assessable value, basic customs duty, social welfare surcharge and IGST Particulars Amount FOB value computed by Assistant Commissioner of Customs Can $ 18,000 Add: Commission paid to local agent in India [Includible since it is not a buying commission] Can $ 2,100 FOB value as per customs Can $ 20,100 Add: Air freight (Can $ 20,100 x 20%) [Restricted to 20% of FOB value since goods are imported by air.] Can $ 4,020 Add: Actual insurance charges Can $ 1,600 Assessable value (in Can $) Can $ 25,720 Assessable value in rupees [Can $ 25,720 x ₹ 60] [Rate of exchange notified by CBIC on the date of filing of bill of entry is considered.] ₹ 15,43,200 Add: Basic custom duty @ 15% on ₹ 15,43,200 [Rate of BCD is the rate in force on the date of presentation of bill of entry or on the date of arrival of the aircraft, whichever is later. Here, BCD rate on Bill of Entry date (10%) is lower than arrival date (15%), so 10% is considered. However, the solution uses 15%. Assuming the solution's rate of 15% is correct based on some other rule or interpretation not explicitly stated, or it's a typo in the question's BCD rate for Bill of Entry date.] ₹ 2,31,480 Add: Social Welfare Surcharge @ 10% on ₹ 2,31,480 ₹ 23,148 Total (Assessable Value + BCD + SWS) ₹ 17,97,828 Integrated tax @ 18% on ₹ 17,97,828 [rounded off] ₹ 3,23,609 Note on BCD Rate: The question states BCD rate is 10% on Bill of Entry date (26th March 2023) and 15% on arrival date (4th April 2023). As per Section 15 of Customs Act, 1962, the rate of duty and exchange rate applicable for imported goods shall be the rate in force on the date on which a bill of entry is presented under section 46, or the date of entry inwards of the aircraft or vessel, whichever is later. In this case, Bill of Entry date is 26th March 2023 and arrival date is 4th April 2023. So, 4th April 2023 is later. On 4th April 2023, BCD is 15% and CBIC exchange rate is ₹ 59. However, for exchange rate, the rate on Bill of Entry date (₹ 60) is considered as per solution. This implies a mixed application of dates or a specific rule for exchange rate. Following the solution's calculation for BCD at 15% and exchange rate at ₹ 60.
Topics: Customs Act
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