Abuse of power by customs dept


Dear All, 

  I am a first time importer and I did all my study from offical government websites on import.  My consigment has docked in Mumbai and my customs agent says that the customs official dont go by invoice. 

According to the offical documents on customs department ( CBEC) , the baby/kids bicyles I imported ( code 87120010) are suppose to be charged by units and not weight. But the customs assesment officer is assessing the value of good @ 200-225/kg. If I pay duty at that rate then the total cost of the bicycle will be much higher than what I get in india.

Real invoice  cost is 12 lakh rupeed  and they are calcualting around 18-22laks.

All of my invoices are absolutely genuine , I have not intent of  evading any tax. At the same time I dont have knowledge energey or some stolen money to contest with the custom officials or the department. I cant even waste time because then I will have to pay very high cost of holding the container on the warehouse.

I have earned and saved money with my borrow's sweat and not like the customs extortionist officials.

Please recommend me some solution . I dont want to bribe a single paisa.

Regards

Jawaad

Ps: You advice will not only help me but all others facing the same situation.

 
Reply   
 
Lawyer in Hyderabad.Email:ramachary64@gmail.com

MFN duty rate 10% and 

 
Landing charges(1% CIF)
• 
Countervailing duty(10% (CIFD + Landing charges))
• 
CESS(3% Countervailing duty)
• 
Education CESS(3% (Duty + Landing charges + Countervailing duty))
• 
Additional customs duty(4% (Duty + Landing charges + Countervailing duty))

 

 
Reply   
 



pay up the differential duty under protest...waive show cause notice and challege the Order in Original before the appelate authority. This should expedite the process and there are always better chances before first and second appelate authorities.


regards,

Rahul (+91 9601915510)

 
Reply   
 

It is very well said by Rahul above that it is easier to challenge before the Appellate Authorities. 

The duty they might be claiming would be as per the material used in the manufacture in the cycles. Just please do check if the manufacture material of the cycle is of any such type then they may surely ask as per weight. If not then it is per units only.

Rest differs as per that evry moment.

 

Thanks

 
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