Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: ARTICLES ON INPUT TAX CREDIT IN VAT :: Central Excise rule to resale the machines to a new company :: empanelment :: TAX RATES - GOODS TAXABLE @ 4% :: due date for vat payment :: VAT Audit :: list of goods taxed at 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: form 3cd :: VAT RATES :: articles on VAT and GST in India :: ACCOUNTING STANDARDS :: TDS :: cpt :: ACCOUNTING STANDARD
 
 
Customs and Excise »
 Central Board of Excise and Customs to soon notify new procedural framework
 CBEC set to be Central Board of Indirect Taxes and Customs
 Govt to give customs, excise duty benefits to boost solar rooftop sector
 Clarification regarding posting of Central Excise officer in Cigarette units-reg.
 Ensure transparency in excise department working: Bizmen to government
 It is time to review the customs duty on essential food imports
 Migration to GST of existing Central Excise / Service Tax Assessees
 Rate of exchange of conversion of the foreign currency with effect from 3rd February, 2017
 Budgetary Changes In Customs
 Customs and excise officials upset with GST administration deal with states
 Higher petro excise props up govt tax kitty

Trivial offences non-bailable with regressive Customs Act changes
April, 05th 2012

The finance ministry has quietly introduced a lethal amendment to the Customs Act in the Finance Bill, 2012, wherein offences that attract punishment of three years imprisonment and above for offences as trivial as duty evasion or mis-declaration of value of goods, are non-bailable. A throwback to the pre-liberalisation era where the taxman was vested with enormous powers, the amendment has sounded alarm bells in the Indian business community.

The said amendment Section 104A to the Customs Act in Finance Bill, 2012, states that irrespective of the provisions in the Code of Criminal Procedure (CrPC), a person accused of an offence punishable with imprisonment of three years or more, would not be granted bail unless the public prosecutor has an opportunity to oppose the release. Further, in cases where the public prosecutor opposes the bail, the Magistrate can order release only after he is convinced that the person is not guilty.

In fact, replying to the debate on General Budget in Rajya Sabha on March 26, senior BJP leader Arun Jaitley said the proposed amendment was akin to provisions under Prevention of Terrorism Act (Pota). The provision says when a person applies for bail, no Judge will give him bail. The Judge will issue a notice to the Public Prosecutor. Either the Public Prosecutor has to give his consent or the Public Prosecutor has to say I am convinced that this man is innocent, not guilty. Otherwise, there will be no bail.

When contacted, Jaitley told The Indian Express that there may be cases of disputes relating to value addition or even a genuine case of evasion. You dont need such strong provisions for tariff or duty related offences, he said. The Congress, he pointed out, did not want such a provision to apply even to terrorists, but has now introduced these in custom offences.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
System Testing Solution Manual Software Testing Solutions Automation Software Testing Solutions System Workflow Testing System Manual Testing

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions