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Welcome

"If you have knowledge, let others light their candles at it. – Margaret Fuller"

Peace and Prosperity through Justice - Enforce Law Lawfully. We assist executives to enforce law lawfully. We help citizens to stand in support of law enforcement, law making and in dispensing justice. On request we would counsel those who encounter hurdles in performing official duties lawfully.
Please visit www.rightinformer.org for ‘Work with Wisdom’ series Practical Work Guide to various aspects official duties.

'Work with Wisdom' Practical Work Guide to Officials.

Customs Consultant - Topicwise Practical Guidance to officials in import & Export Clearance

Please click here to go to our new site Right Informer.org

Facility Circular No. 13/2016 issued by Commissioner of Customs, Chennai

Please refer to your CPGRAM Reg. No CBOEC/E/2016/02479 dt 29.07.16. In this regard, I am directed to inform you that the points raised by you in your CPGRAM has been noted and appreciated. You have not explained in your CPGRAM as to how you are an aggrieved party in this issue. However, after due examination/scrutiny of the same, any amendment/changes wherever necessary shall be made in the aforesaid Facility Circular. Further, for any clarification or feedback you may contact email id:- 'commrchiv@gmail.com'

endorsement on the Bill of Entry is treated even by the High Court as well as the Department as the assessment
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7570 OF 2004 M/S. SWASTIKA ENTERPRISES & ANR. .....APPELLANT(S) VERSUS COMMISSIONER OF CUSTOMS & ORS. .....RESPONDENT(S) W I T H CIVIL APPEAL NO. 7571 OF 2004 
Department has failed to comply with the requirements of Section 153 of the Act.
Section 153 of Customs Act, 1962 amended as under:
In section 153 of the Customs Act, in clause (a), for the words "registered post to the person for whom it is intended or to his agent", the words "registered post or by such courier as may be approved by the Commissioner of Customs" shall be substituted. 
Software_Disposal of Uncleared Cargo

Kind attention is invited to Facility Circular No. 13/2016 issued by Commissioner of Customs, Chennai IV, from F.No.S.Misc.03/2016-UCC dated 15.06.2016 on introduction/implementation of the new UCC software.

Please refer to 8.Duties  Responsibilities of Custodians, a few of them do not match with the provisions of the Customs Act, 1962 which may please be addressed..

Sub: Disposal of Uncleared Cargo with extracts of relevant laws and circulars
Intelligence prompts that taking advantage of the expeditious disposal of uncleared cargo even without following certain legal requirements / circulars / instructions, smugglers  import probited or restricted goods on fictitious identities or conceal items, pilfer them and do not clear the consignment or take on auction for lesser amount engaging bidders.
Panama Papers - tax havens of the rich and powerful exposed

Panama Papers - tax havens of the rich and powerful exposed

Although there are legitimate ways of using tax havens, most of what has been going on is about hiding the true owners of money, the origin of the money and avoiding paying tax on the money.

If you are a wealthy business owner in Germany who has decided to evade tax, an international drugs dealer or the head of a brutal regime, the methods are all pretty similar.

Shell companies

A shell company has the outward appearance of being a legitimate business. But it is just an empty shell. It does nothing but manage the money in it, while hiding who owns the money. Its management is made up of lawyers, accountants or even the office cleaner, who do little more than sign documents and allow their names to appear on the letterhead. When the authorities try to find out who really owns or controls the money in the company, they are told the management does, but it is all just a front. Someone else is just paying them so they can hide their money from the authorities or in some cases their ex-wives. Shell companies can also be called "letterbox" companies, as they consist of little more than an address to post documents to.

Offshore Financial Centre

If you have a shell company, you don't want it based in London or Paris where the authorities can normally find out who owns it, if they really want to. You need an Offshore Financial Centre, or what is often called a tax haven. These are normally based in small island countries (hence the name), with a great deal of banking secrecy and very low or non-existent taxes on financial transactions. There are many such countries or authorities around the world, from the British Virgin Islands, to Macao, the Bahamas and Panama. Even in such places most of the financial services are perfectly legal: it is just the secrecy which also makes them very attractive to tax evaders and crooks the world over, especially if the regulators are weak or turning a blind eye.

Bearer shares and bonds

Close-up of five-pound note

For that extra layer of anonymity and so that you can move large amounts of money around easily, bearer shares and bonds are an obvious answer. Every British £5 note has the words "I promise to pay the bearer on demand the sum of five pounds". That means if it is in your pocket it is yours: the person "bearing" or carrying the cash owns it, can spend it or do what they like with it. Bearer shares and bonds work in the same way, the person who has it in their pocket, briefcase or safety deposit box owns it. But they aren't worth £5. Bearer bonds normally come in nice round figures like £10,000. Very handy if you want to move vast amounts of money around and great if you want to deny ownership. If the bond is kept at a lawyer's office in Panama, who is to know whether it is yours, or even that it exists? This helps to explain why the US government stopped selling bearer bonds in 1982. They were just too easy for crooks to use.

Money laundering

Money laundering involves cleaning "dirty" money so that you can use it without arousing suspicion. If you are a drug dealer, fraudster or, let's say, a corrupt politician you will have a lot of cash and no way of spending it or hiding it for a rainy day, without giving the game away. The money needs cleaning, so you can ship it to a dodgy firm in an Offshore Financial Centre and they might help you convert it into bearer bonds, owned by a shell company that no one knows about. You could also use it to buy a bolt-hole in London or the South of France in case of a coup, maybe pay the kids' school fees or fund a great aunt's shopping trips to Paris.

Sanctions and sanctions busting

One of the ways of punishing and trying to limit the power of notorious regimes around the world is sanctions. These can involve limits on the importation of military equipment or ammunition, bans on the exports of oil and other goods, and personal sanctions; closing the bank accounts of dictators and their friends, families and supporters. The British government currently imposes thousands of sanctions against countries, their businesses, banks and many named individuals.

But the more onerous the sanctions on a regime the more money is to be made by breaking or busting them. Providing secret bank accounts for torturers and mass murderers, supplying weapons to one or even both sides in a civil war or funding the nuclear ambitions of isolated regimes. The profits are huge and, of course, lots of secretive bank accounts and shell companies in parts of the world where officials turn a blind eye, is key to making sanction busting profitable and safe. You can see the list of UK sanctions here.

The European Savings Directive

To try to stop people hiding money from the tax authorities the European Union introduced the European Savings Directive (ESD). Basically, banks in EU countries collect the tax due on bank accounts held by citizens of other EU countries. So you can't be an Irish person with a Dutch bank account and hope the Irish tax authorities won't find out about it or collect the tax owed. The ESD made it much more difficult to hide your money in Europe. It is interesting because when the ESD was being discussed and introduced there was a sudden increase in people who wanted to open bank accounts outside Europe, hence the surge of interest in places like Panama and the British Virgin Islands.

Panama Papers - tax havens of the rich and powerful exposed

Eleven million documents held by the Panama-based law firm Mossack Fonseca have been passed to German newspaper Sueddeutsche Zeitung, which then shared them with the International Consortium of Investigative Journalists. BBC Panorama is among 107 media organisations - including UK newspaper the Guardian - in 76 countries which have been analysing the documents. The BBC doesn't know the identity of the source

They show how the company has helped clients launder money, dodge sanctions and evade tax.

http://www.bbc.com/news/business-35943740

RTI_to CBEC_class of officers of customs who are gazetted officers
There is no official information available in public domain as to the class of officers of customs who are gazetted officers to perform functions under Sections 102 (1), 108 (1), 122 (c), 138 B (1) and 152 (d) of the Customs Act, 1962.  
CBECC/R/2016/50127
RTI Appln._Classes of officers of customs appointed u/s 3 (f) of the Customs Act, 1962
Please furnish the No. and Date of Notifications appointing the following classes of officers of customs under Section 3 (f) of the Customs Act, 1962 [RTI Application made online on 13.01.2016 CBECC/R/2016/50024
RTI Application - certain classes of officers of customs omitted in the Notification No.40/2012

DRAFT:

RTI APPLICATION - CERTAIN CLASSES OF OFFICERS OF CUSTOMS OMITTED IN THE NOTIFICATION NO.40/2012 (Cus) N.T. DATED 02.05.2001

Please provide the following information under the Right to Information Act, 2005.

I. In the Notification No.40/2012-Cus (NT) dated 02.05.2001, several classes of officers are declared as ‘proper officer’ to perform functions under various sections of the Customs Act, 1962. But the classes of officers viz.  Deputy Commissioner of Customs [Section 3 (d)] and  Assistant Commissioner of Customs [Section 3 (e)] do not find place in the notification. Please provide the No. and Date of Notification issued, if any, declaring these classes of officers as ‘proper officer’ under respective sections of the Customs Act, 1962.

CESTAT order on value of old and used tyres

RTI Application Filed: CBECC/R/2015/60211

Please refer to CESTAT Principal Bench New Delhi Final Order No. C/A/54162/2014-CU(DB) dt 22.10.2014 in Appeal No. C/392/2009-CU(DB) which appears to have been decided in favour of the importer on wrong understanding of the provisions of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 [hereinafter referred to as ‘Rule’]  and on wrong premisses.

RTI: Authority for taking no action mandated u_s 111 and 112 of the Customs Act,1962.

RTI: AUTHORITY FOR TAKING NO ACTION MANDATED U_S 111 AND 112 OF THE CUSTOMS ACT,1962.

Draft

1. No. of imports in which assessable value was enhanced.

5. Out of Sl.No.1, (a) No. of instances in which the offending goods were not confiscated and penalty not imposed contrary to the mandates of 111 (m) and 112 (iii) of the Customs Act, 1962 respectively and (b) the Authority for not confiscating the goods or for not imposing any penalty, issued by CBEC or the Commissioner of Customs, if any.  (c) Please supply a copy of the authority.

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Disclaimer: While due care has been taken in reviewing and publishing the contents, the contributors or the publishers are not responsible or liable for any loss or damage caused to any one due to any interpretation, error, omission or commission. All disputes are subject to jurisdiction of Chennai Courts only.