Customs Act, 1962 Section 28b — Duties collected from the buyer to be deposited with the Central Government
Customs Act, 1962 · Duties collected from the buyer to be deposited with the Central Government
Plain-English Explanation
Overview
Section 28B of the Customs Act, 1962 mandates that any amount collected by a person from a buyer as customs duty, in excess of the actual duty assessed, determined, or paid, must be deposited with the Central Government immediately. This ensures that over-collected amounts representing customs duty are promptly remitted to the government, preventing unjust enrichment.
Who Does This Apply To?
This section applies to any person who is liable to pay customs duty under the Customs Act, 1962, and who has collected an amount from the buyer representing customs duty that exceeds the actual duty due, or who collected any amount representing customs duty on goods that are wholly exempt or chargeable to nil rate of duty. This includes importers, exporters, and any other entity involved in cross-border transactions collecting customs duties.
How It Works
The process outlined in Section 28B involves several key steps:
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Collection of Excess Duty: If a person collects an amount from the buyer as customs duty that is more than the duty actually payable, that amount triggers Section 28B. The same applies if any amount is collected representing customs duty on goods that are wholly exempt or chargeable to nil rate of duty.
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Mandatory Deposit: The person who collected the excess amount is required to deposit the full amount collected with the Central Government immediately. This obligation exists regardless of any pending appeals, orders, or directions from tribunals or courts.
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Show Cause Notice: If the amount is not deposited, the proper officer will issue a show cause notice to the person liable, demanding an explanation for why the amount should not be paid to the government.
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Determination and Payment: After considering any representation made by the person, the proper officer will determine the actual amount due (which cannot exceed the amount specified in the notice). The person is then obligated to pay the determined amount.
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Adjustment: The amount deposited is then adjusted against the actual duty payable upon finalization of the assessment or other duty determination proceedings related to the goods.
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Surplus Handling: If a surplus remains after the adjustment, it can be either credited to the Consumer Welfare Fund or, if possible, refunded to the person who ultimately bore the burden of the duty in accordance with Section 27 of the Customs Act. Applications for refund must be made within six months from the date of the public notice issued by the Assistant Commissioner of Customs.
Important Conditions & Exceptions
- Time Limit for Refund: Refund applications for surplus amounts under Section 28B(5) are subject to a six-month time limit following the public notice.
- Exempt Goods: The provisions explicitly cover situations where amounts are collected as customs duty on goods that are wholly exempt or chargeable to a nil rate.
- Adjustment Only: The amount paid is only adjusted against the duty payable on the specific goods related to the excess collection.
Practical Example
ABC Importers imports electronic components. They assess the customs duty on a consignment to be Rs. 10,000 and collect Rs. 12,000 from the buyer representing customs duty, inadvertently overcharging by Rs. 2,000. Upon realizing the error, ABC Importers is legally obligated to immediately deposit the Rs. 2,000 excess amount with the Central Government. During the final assessment, the actual duty is determined to be Rs. 9,500. After assessment, Rs. 500 (Rs. 10,000 collected minus Rs. 9,500 actual duty) is surplus, which may be refunded to the buyer (if identifiable) or credited to the Consumer Welfare Fund, according to Section 27.
Key Amendments
No major amendments since enactment.
No case laws found for this provision yet.
Browse all case laws →Frequently Asked Questions
Who is required to deposit duties collected from a buyer with the Central Government under Section 28B of the Customs Act, 1962?
Section 28B applies to any person liable to pay customs duty who collects an amount from the buyer of goods that represents customs duty, exceeding the duty assessed, determined, or paid. This includes situations where duty is collected on goods that are wholly exempt or chargeable to a nil rate of duty. This amount must be immediately deposited with the Central Government.
What is the time limit for depositing duties collected from the buyer with the Central Government under Section 28B of the Customs Act, 1962?
Section 28B mandates that any amount collected from the buyer as representing customs duty, exceeding the assessed or applicable duty, must be paid 'forthwith' to the credit of the Central Government. This implies an immediate and prompt deposit without any specified grace period, although practical considerations allow for deposit during normal banking hours.
What happens if I fail to deposit duties collected from the buyer as per Section 28B of the Customs Act, 1962?
If the amount collected as representing customs duty is not deposited, the proper officer will issue a show cause notice demanding an explanation for the non-payment (Section 28B(2)). After considering your representation, the officer will determine the amount due, and you will be required to pay it (Section 28B(3)). Failure to comply can lead to further recovery actions and potential penalties under other provisions of the Customs Act, 1962.
How is the amount deposited under Section 28B adjusted against the actual customs duty payable?
The amount deposited with the Central Government under Section 28B(1) or (1A) is adjusted against the actual duty payable upon finalization of the assessment or any other proceeding for duty determination (Section 28B(4)). This adjustment ensures that the amount collected from the buyer is properly accounted for when the final customs liability is calculated.
What happens to any surplus left after the adjustment of duties deposited under Section 28B of the Customs Act, 1962?
If a surplus remains after the adjustment under Section 28B(4), the surplus is either credited to the Consumer Welfare Fund or refunded to the person who bore the incidence of the amount (Section 28B(5)). The person seeking a refund must apply under Section 27 within six months of the public notice issued by the Assistant Commissioner of Customs.
Does Section 28B of the Customs Act, 1962 apply even if a Tribunal or Court has issued a conflicting order?
Yes, Section 28B(1) explicitly states that its provisions apply 'notwithstanding anything to the contrary contained in any order or direction of the Appellate Tribunal...or any Court'. This means that the obligation to deposit collected duties prevails even if other legal pronouncements suggest otherwise, ensuring consistent revenue collection.
Can I collect Customs duties on goods that are exempt from duty or subject to a nil rate, and what are the implications under Section 28B?
Section 28B(1A) specifically addresses this scenario. If you collect any amount as representing customs duty on goods that are wholly exempt or subject to a nil rate, you are still required to deposit that amount with the Central Government. This prevents unjust enrichment and ensures that amounts collected under the guise of customs duty are properly accounted for, regardless of the actual duty liability.
Key Conditions & Requirements
| Condition | Details |
|---|---|
| Duty collected in excess to be deposited | Any person collecting amount exceeding assessed/paid duty as customs duty must deposit it to the Central Government immediately. |
| Collection on exempt/nil-rated goods | Amounts collected as customs duty on goods wholly exempt or nil-rated also must be immediately deposited to the Central Government. |
| Show cause notice for non-payment | If the excess duty is not deposited, a proper officer can issue a show cause notice demanding payment. |
| Determination of amount due | After considering the representation, the proper officer determines the amount due, which cannot exceed the amount specified in the notice. |
| Adjustment against final duty | The amount deposited is adjusted against the duty payable upon finalization of assessment or any other proceedings. |
| Surplus amount to be refunded/credited | Any surplus after adjustment is either credited to the Fund or refunded to the person who bore the incidence of the excess amount. |
| Time limit for refund application | For refund of the surplus, an application under Section 27 must be made within six months from the date of public notice issued by the Assistant Commissioner of Customs. |
| Applicability despite other rulings | This section applies notwithstanding contrary orders or directions from Tribunals or Courts or any other provision of the Act. |
Amendment History
Inserted bythe Central Excises and Customs Laws (Amendment) Act, 1991 (40 of 1991), section 12 (w.e.f. 20-9-1991)
To be inserted (from a date to be notified) by s. 30 read with Schedule to the National Tax Tribunal Act, 2005 (49 of 2005).
Substituted by the Finance Act, 2000 (10 of 2000)., section 82(a) (w.e.f. 20-9-2000)
Inserted by the Finance Act, 2008 (18 of 2008), section 68(i) ( w.e.f. 10-5-2008)
Substituted by Finance Act, 2000 (10 of 2000), section 82(b) for sub-section (2) (w.e.f. 20-9-2000)
Substituted by the Finance Act, 2008 (18 of 2008), section 68(ii), for sub-section (1) (w.e.f. 10-5-2008)
Substituted by Finance Act, 2008 (18 of 2008), section 82(b) for sub-section (2) (w.e.f. 20-9-2008)
Substituted by Finance Act, 2008 (18 of 2008), section 68(iii)(a), for "sub-section (1)" , "sub-section(3)" (w.e.f. 10-5-2008).
Substituted by Finance Act, 2008 (18 of 2008), section 68(iii)(b), for "sub-section (1)"(w.e.f. 10-5-2008)
Substituted by Act 10 of 2000, section 82(b) for sub-section (2) (w.e.f. 20-9-2000)