What is Section 46 of Indian Customs Act

Posted on 25 April 2023 Category : Import

When to file Bill of Entry for import in India?

The extract of section 46 of Indian Customs Act describes below:

SECTION 46. Entry of goods on importation. - (1) The importer of any goods, other than goods intended for transit or transhipment, shall make entry thereof by presenting electronically to the proper officer a bill of entry for home consumption or warehousing in the prescribed form :

Provided that the Commissioner of Customs may, in cases where it is not feasible to make entry by presenting electronically , allow an entry to be presented in any other manner:

Provided further that if the importer makes and subscribes to a declaration before the proper officer, to the effect that he is unable for want of full information to furnish all the particulars of the goods required under this sub-section, the proper officer may, pending the production of such information, permit him, previous to the entry thereof (a) to examine the goods in the presence of an officer of customs, or (b) to deposit the goods in a public warehouse appointed under section 57 without warehousing the same.

(2) Save as otherwise permitted by the proper officer, a bill of entry shall include all the goods mentioned in the bill of lading or other receipt given by the carrier to the consignor.

(3) A bill of entry under sub-section (1) may be presented at any time after the delivery of the import manifest or import report as the case maybe :

Provided that the Commissioner of Customs may in any special circumstances permit a bill of entry to be presented before the delivery of such report :

Provided further that a bill of entry may be presented even before the delivery of such manifest if the vessel or the aircraft by which the goods have been shipped for importation into India is expected to arrive within thirty days from the date of such presentation.
(4) The importer while presenting a bill of entry shall at the foot thereof make and subscribe to a declaration as to the truth of the contents of such bill of entry and shall, in support of such declaration, produce to the proper officer the invoice, if any, relating to the imported goods.

(5) If the proper officer is satisfied that the interests of revenue are not prejudicially affected and that there was no fraudulent intention, he may permit substitution of a bill of entry for home consumption for a bill of entry for warehousing or vice versa.

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What is Section 47 of Indian Customs Act

What is Section 46 of Indian Customs Act

Amendment of Sec 46 and Sec 47 of Indian Customs Act

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Customs Notification No. 27 of 2017-Customs (N.T.) 31st March, 2017
Customs Notification Number 25 of 2017 dt 31st March, 2017
Handling of Cargo in Customs Areas (Amendment) Regulations, 2017, Notfn 24 of 2017 dt 31 March 2017

Notification 26 of 2017, Customs dt 31 March, 2017

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