
Customs and Excise laws are vital components of India’s indirect taxation and regulatory framework, governing the import, export, manufacture, and levy of duties on goods. Customs law is primarily regulated under the Customs Act, 1962, while excise duties now apply selectively under the Central Excise Act, 1944, following GST implementation.
The Customs Act empowers the government to impose duties, regulate clearance, prevent smuggling, and ensure trade compliance. Duties may include Basic Customs Duty, Social Welfare Surcharge, Anti-Dumping Duty, Safeguard Duty, and Countervailing Duty. CBIC officers stationed at ports, airports, ICDs, and land customs stations administer these laws, handling disputes related to classification, valuation, exemptions, confiscation, penalties, and provisional assessments. Appeals are available before the Commissioner (Appeals), CESTAT, High Courts, and the Supreme Court. Enforcement is often supported by specialized agencies such as the Directorate of Revenue Intelligence (DRI), Special Intelligence and Investigation Branch (SIIB), and Customs Preventive formations.
Post-GST, central excise duties largely apply to petroleum products, tobacco, pan masala, and certain other notified goods. The Central Excise Act governs levy on manufacture, registration, assessment, recovery, and penalties, with enforcement and adjudication by CBIC officers following the same appellate hierarchy as customs matters.
Indian courts consistently stress fair procedures, proportionality of penalties, and constitutional safeguards in customs and excise enforcement, particularly concerning arrest, seizure, and prosecution, while upholding statutory powers when exercised in compliance with law.
Customs and Excise law in India is highly technical, compliance-driven, and enforcement-oriented. Businesses engaged in cross-border trade or regulated manufacturing must ensure proactive compliance, timely responses to investigations, and strategic legal representation before adjudicating authorities, CESTAT, High Courts, and the Supreme Court to safeguard their commercial and legal interests effectively.
Indlex Solicitors & Advocates emphasizes practical, results-oriented guidance in navigating these complex laws, combining regulatory expertise with strategic litigation support to help clients mitigate risks and maintain compliance in India’s evolving Customs and Excise landscape.

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