Customs Act, 1962 Section 99b — Verification of identity and compliance thereof
Customs Act, 1962 · Verification of identity and compliance thereof
Plain-English Explanation
Overview
Section 99B of the Customs Act, 1962 empowers Customs officers to verify the identity of individuals and ensure their compliance with customs laws to protect revenue and prevent smuggling. This verification can include Aadhaar authentication or submission of other documents and information. Non-compliance can lead to suspension of certain benefits related to imports and exports.
Who Does This Apply To?
This section applies to any person whom a proper officer (authorized by the Principal Commissioner of Customs or the Commissioner of Customs) deems necessary to verify, for the purpose of:
- Ascertaining compliance with the Customs Act, 1962.
- Ascertaining compliance with any other law in force.
- Protecting the interest of revenue.
- Preventing smuggling.
It does not apply to persons or classes of persons specifically prescribed (exempted) through separate notifications or rules.
How It Works
The process involves the following steps:
- Verification Request: The proper officer initiates the process by requiring a person to undergo verification. The officer must believe the verification is necessary to protect revenue or prevent smuggling.
- Aadhaar Authentication or Proof: The person may be required to:
- Undergo Aadhaar authentication, or
- Furnish proof of possession of Aadhaar number, in a prescribed manner and within a prescribed timeframe.
- Alternative Identification: If the person doesn't have an Aadhaar number, or if authentication fails due to technical issues or reasons beyond their control, they must be given an opportunity to furnish alternative and viable means of identification, as prescribed.
- Submission of Documents/Information: The person may also be required to submit other documents or information, in a prescribed manner and within a prescribed timeframe.
- Consequences of Non-Compliance: If the person fails to comply, or submits incorrect documents/information, the Principal Commissioner or Commissioner of Customs, based on reasons recorded in writing, may suspend:
- Clearance of imported/exported goods.
- Sanction of refund.
- Sanction of drawback.
- Exemption from duty.
- License or registration granted under the Act.
- Any benefit arising out of import/export.
- Failure of Aadhaar Authentication: If the person fails Aadhaar authentication, the Principal Commissioner or Commissioner of Customs may deny them the benefits mentioned above.
- Reinstatement: The suspension remains in force until the person complies with the requirements of subsection (1) or furnishes correct documents/information.
Important Conditions & Exceptions
- Condition 1: The proper officer must be specifically authorized by the Principal Commissioner or Commissioner of Customs to initiate verification under this section.
- Condition 2: Suspension of benefits is contingent upon the Principal Commissioner or Commissioner of Customs recording reasons in writing for their conclusion of non-compliance.
- Exception: Certain persons or classes of persons may be prescribed (exempted) from the application of subsection (1).
Practical Example
ABC Importers is suspected of under-invoicing imported electronic components. A Customs officer, authorized by the Commissioner, believes verifying the identity of Mr. Sharma, a key person in ABC Importers, is crucial. The officer asks Mr. Sharma to authenticate his Aadhaar. Mr. Sharma fails to authenticate his Aadhaar after three attempts due to a technical error with the authentication system. He is then given an opportunity to provide alternative viable means of identification. He submits his PAN card and Voter ID as instructed.
Later, ABC Importers is accused of submitting falsified bills of entry. The Customs officer asks Mr. Sharma to provide proof of his Aadhaar and also to furnish more documentation proving the transactions between ABC and it's suppliers. If Mr. Sharma refuses to comply or submits incorrect information, the Commissioner can suspend ABC Importers' import clearances until the verification requirements are met.
Key Amendments
No major amendments since enactment.
No case laws found for this provision yet.
Browse all case laws →Frequently Asked Questions
What is Section 99B of the Customs Act, 1962, and what does it aim to achieve?
Section 99B of the Customs Act, 1962, empowers customs officers to verify the identity and compliance of individuals involved in import or export activities. The aim is to protect revenue interests and prevent smuggling by ensuring the authenticity of individuals and their adherence to customs laws and regulations. This section allows officers to request Aadhaar authentication or other documents to ascertain compliance.
Who is required to undergo identity verification under Section 99B of the Customs Act, 1962?
Any person whom a customs officer, authorized by the Principal Commissioner or Commissioner of Customs, deems necessary to verify for protecting revenue interests or preventing smuggling can be required to undergo identity verification under Section 99B. This includes importers, exporters, and any other individuals involved in customs-related activities where verification is considered crucial.
What documents or information can a customs officer request for verification under Section 99B of the Customs Act, 1962, and what if Aadhaar authentication fails?
Under Section 99B, customs officers can request Aadhaar authentication or proof of Aadhaar possession. They can also request other relevant documents or information as prescribed. If Aadhaar authentication fails due to technical reasons or reasons beyond the person's control, they must be given an opportunity to furnish alternative and viable means of identification (Section 99B(1), proviso).
What are the consequences of failing to comply with the requirements of Section 99B of the Customs Act, 1962?
If a person fails to comply with the requirements of Section 99B or submits incorrect documents or information, the Principal Commissioner or Commissioner of Customs can suspend clearance of imported/export goods, sanction of refunds/drawbacks, exemption from duty, or licenses/registrations. They can also suspend any monetary or other benefits arising from import or export (Section 99B(3)).
Can clearance of goods or refund be suspended indefinitely under Section 99B of the Customs Act, 1962?
No, the suspension of clearance, refund, or other benefits under Section 99B(3) is not indefinite. The order of suspension remains in effect only until the person complies with the requirements of Section 99B(1) or provides the correct documents or information. Once compliance is established, the suspension is lifted (Section 99B(4)).
Are there any exemptions from the applicability of Section 99B of the Customs Act, 1962?
Yes, Section 99B(2) states that the provisions of sub-section (1) shall not apply to certain persons or classes of persons as may be prescribed. Specific details regarding these exemptions are likely to be outlined in subsequent rules or notifications issued by the Central Board of Indirect Taxes and Customs (CBIC).
What is the meaning of 'Aadhaar number' as defined in Section 99B of the Customs Act, 1962?
Section 99B includes an explanation clarifying that the term "Aadhaar number" has the same meaning as defined in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. This ensures consistency and clarity in the interpretation of the term within the context of customs regulations.
Key Conditions & Requirements
| Condition | Details |
|---|---|
| Authorized Officer Verification Requirement | A customs officer, authorized by the Principal Commissioner or Commissioner, may require identity verification to ensure compliance with the Customs Act and prevent smuggling. |
| Modes of Verification | Verification may involve Aadhaar authentication/proof, or submission of other prescribed documents/information, within specified timelines and manners. |
| Alternative Identification | If Aadhaar authentication fails due to technical issues or uncontrollable reasons, the person gets an opportunity to provide alternative viable identification as prescribed. |
| Exemption from Verification | Certain persons or classes of persons, as prescribed, are exempt from the identity verification requirements under this section. |
| Suspension for Non-Compliance | The Principal Commissioner or Commissioner can suspend clearances, refunds, drawbacks, duty exemptions, licenses, or other benefits if the person fails to comply or submits incorrect information. |
| Denial of Benefits for Authentication Failure | If a person fails Aadhaar authentication, they may be denied certain benefits related to import or export, like clearances, refunds, and drawbacks. |
| Duration of Suspension | The suspension order remains in effect until the person complies with verification requirements or provides correct documents or information. |
| Reason to be Recorded | The Principal Commissioner of Customs or the Commissioner of Customs must record the reasons in writing for arriving at the conclusion that a person failed to comply with sub section 1 or submitted incorrect information. |
Amendment History
No amendment records available for this provision.
Customs Act, 1962 Section 99b — Verification of identity and compliance thereof