Miss Priya imported certain goods weighing 1000 kgs having CIF value of US $40,000. Exchange rate of 1 USD was ₹65 on the date of presentation of bill of entry. Basic customs duty chargeable is @ 10% and education cess a
CS Professional · Advanced Tax Laws and Practice · PYQS · December 2017
Miss Priya imported certain goods weighing 1000 kgs having CIF value of US $40,000. Exchange rate of 1 USD was ₹65 on the date of presentation of bill of entry. Basic customs duty chargeable is @ 10% and education cess as applicable. There is no excise duty payable on these goods, if are being manufactured in India. However, vide Notification issued by the Government of India, anti-dumping duty has been imposed on these goods. The anti-dumping duty will be equal to the difference between amount calculated @ USD 60 per kg and the 'landed value' of goods. You are required to compute the amount of custom duty and of the antidumping duty payable by Miss Priya.
Answer & Explanation:
IMPORTANT: The question does not any information about GST Rates, etc. and hence, it is assumed that the question is based on pre-GST position. Hence, question is answered based on position prior to 1-7-2017. This view is further supported by mention of 'excise duty'. Duties leviable: The question clearly states that only basic customs duty, EC and SHEC thereon and anti - dumping duty are leviable on the goods in question. Hence, other duty viz. additional duty of customs u/s 3(5) is not leviable. Since excise duty is NIL, hence, there is no duty under Section 3(1) of Customs Tariff Act, 1975. No EC and SHEC is imposable on anti - dumping duty. The calculations are as presented below - (Amount in ₹) CIF Value of the Consignment (In Indian ₹) [US $40,000 x 65] 26,00,000 Add: Landing Charges @ 1% 26,000 Assessable Value under Customs Laws 26,26,000 Add: Basic Customs Duty @ 10.3% [10% + 3% EC/SHEC on BCD] 2,70,478 Landed Value/ Cost of the Goods (I) 28,96,478 [For the purpose of the notification imposing anti - dumping duty, "landed value" mans the assessable value as determined under the customs Act, 1962 and includes all duties of customs except duties levied u/s 3, 8 B, 9 and 9A of the said Customs Tariff Act, 1975.] Cost of Commodity for the purposes of anti-dumping notification [1000 Kg. x US $60 Per kg. 65 Per dollar] (II) 39,00,000 Anti dumping duty [(II) - (I)] 10,03,522 Total Customs Duties [BCD + Anti-dumping] 12,74,000
Topics: Customs Act, 1962
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