Shyam Ltd. makes an unauthorised import of 3,000 pieces of a product CIF priced at $2 per piece by air from USA. The consignment is liable to be confiscated. The import is adjudicated. Assistant Commissioner gives to the

CS Professional · Advanced Tax Laws and Practice · PYQS · December 2015
Shyam Ltd. makes an unauthorised import of 3,000 pieces of a product CIF priced at $2 per piece by air from USA. The consignment is liable to be confiscated. The import is adjudicated. Assistant Commissioner gives to the company an option to pay a fine in lieu of confiscation. It is proposed to impose fine equal to 50% of margin of profit. The market price is ₹200 per piece. The rates of duty are as under: Basic customs duty 20% Additional customs duty under section 3(1)(vi) 12% Additional customs duty under section 3(5) Nil Exchange rate is ₹50 per U.S. Dollar. Compute (i) the amount of fine; and (ii) total amount payable by the company to clear the consignment. (Calculations should be made to the nearest rupee).

Answer & Explanation:

Computation of Amount Payable to Clear the Consignment Particulars Amount (In ₹) CIF of imported goods (3,000 x $2 x ₹50 per piece) 3,00,000 Add: Landing charges (1% of CIF) 3,000 3,03,000 Add: Basic Customs Duty @ 20% 60,600 3,63,600 Add: Additional Custom Duty @ 12% on ₹3,63,600 43,632 Add: Education Cess 3% on BCD & CVD (3% x (60,600+43,632)) 3,127 Total cost to company 4,10,359 Market price (3,000 pieces x ₹200) 6,00,000 Profit Margin (Market Price - Cost) 1,89,641 Fine equal to 50% of profit margin 94,820 Total amount payable (Duty + Fine) (60,600+43,632+3,127+94,820) 2,02,179 Note: As per Section 125 of the Customs Act, redemption fine shall not exceed market value of the goods excluding import duty. Amount payable to redeem goods = redemption fine + import duty.

Topics: Customs Law

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