Page | 1

CHANAKYA NATIONAL LAW UNIVERSITY,

PATNA

CONFISCATION OF GOODS AND

CONVEYANCE AND IMPOSITION OF
PENALTIES UNDER CUSTOMS ACT

Subject- Taxation Law

Faculty Mr. G.P Pandey

Snigdha

Submitted by:
Name Semester

-8th

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Roll No 624

ACKNOWLEDGEMENT
It is my greatest pleasure to be able to present the project topic
CONFISCATION

OF

GOODS AND

CONVEYANCE AND

IMPOSITION

OF

PENALTIES UNDER CUSTOMS ACT . I found it very interesting to work on

this project.
I would like to thank my teacher, Mr. GP PANDEY, for providing me with
such an interesting project topic and for his constant support and
guidance.
I would also like to thank my librarian for helping me in gathering data for
the project. Last, but not the least, I would heartily thank my family and
friends for their unwavering support without which this work would not
have been possible.
I hope that the readers will appreciate this project work.

Snigdha

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RESEARCH METHODOLOGY
Method of Research
The researcher has adopted a purely doctrinal method of research. The
researcher has made extensive use of the library at the Chanakya
National Law University and also the internet sources.
Aims and Objectives:
The aim of the project is to present a detailed study of the CONFISCATION
OF GOODS AND CONVEYANCE AND IMPOSITION OF PENALTIES UNDER
CUSTOMS ACT
Sources of Data:
The following secondary sources of data have been used in the project1 Books
2 Websites
Method of Writing:
The method of writing followed in the course of this research paper is
primarily analytical.
Mode of Citation:
The researcher has followed a uniform mode of citation throughout the
course of this research paper

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Chapterisation:
CHAPTERS

PAGE NO

INTRODUCTON
5

STATUTORY PROVISIONS DEALING WITH CONFISATION OF GOODS

AND CONVEYANCE

STATUTORY PROVISIONS FOR IMPOSITION OF MONETARY PENALTY

12

PROCEDURE FOR ADJUDICATION AND CONFISCATION AND

PENALTY

16

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OTHER REEVANT PROVISIONS OF CUSTOMS ACT

17

CONCLUSION
18

BIBILOGRAPHY
19

INTRODUCTION:
The Government of India is empowered under the Constitution of India to collect revenue
from different sources to meet its administrative expenses and financial support to carry
out various objectives to establish a welfare state by carrying out various social schemes, for
this purpose various statutes have been framed and some of the Acts like Central Excise
Act,1944, Customs Act, 19621.
In tune with international practice, the entry and exit of goods and passengers into and out of
the country is regulated by law. The Customs Act, 1962 is the basic statute which governs and
1 For reference see R. K Jains, Customs LawManual, 39th Edition, 2009(July), Centax Publications Pvt. Ltd.
1512-B, Bhisham Pitamah Marg, New Delhi.

Page | 6

regulates the entry and exit of different categories of vessels, crafts, goods, passengers etc,
into or outside the country. In addition to the Customs Act, the Customs Department also
works to ensure compliance with various other national and international laws and
regulations. It is the responsibility of the Customs to handle international traffic speedily and
effectively while ensuring that all movement of goods and passengers across the national
borders are in conformity with the laws of the land. Essentially all goods brought into the
country or taken outside the country must pass through authorized entry/exit points, be
reported to Customs, and the importers/exporters must fulfill the prescribed legal and
procedural requirements laid down under Customs Act, 1962 and allied laws including
payment of the duties leviable, if any.
Accordingly, the Customs Act lays down in detail provisions to deal with acts and omissions
that violate the law, and provide for penalties that can be imposed by departmental authorities
and punishments that can be imposed by courts of law. The law also empowers Customs
officers to carry out searches, arrests and prosecution of persons involved in such offences.
The Customs Act also lays down the procedural requirements to be followed while imposing
the various penal provisions for violations so as to ensure that due process of law is followed
before action is taken against offending goods, persons or conveyance involved in the
violations.

Types of Punishments
The Customs Act envisages two types of punishments:
(a) Civil Liability: Penalty for violation of statutory provisions involving a penalty of money
and confiscation of goods, which can be imposed by the departmental authorities. Chapters
XIV of the Customs Act (Sections 111 to 127) deals with confiscation of goods and
conveyances and imposition of penalties.
(b) Criminal Liability: Criminal punishment is of imprisonment and fine; which can be
granted only in a criminal court after prosecution. Both penalty and punishment can be
imposed for same offence. Chapter XVI (Sections 132 to 140A) deals with other offences
under the Act.

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STATUTORY PROVISIONS DEALING WITH

CONFISCATION OF GOODS AND CONVEYANCES:The provisions dealing with confiscation of goods and conveyances and imposition of penalty
are contained in sections from 111 to 127 of the Customs Act, 1962. The provisions of the
Customs Act, 1962 not only provide for confiscation of goods imported/exported illegally or
attempted to imported/exported illegally, but it also provides for confiscation of conveyances
used for carriage of smuggle goods; cover goods used to concealed smuggled goods;
confiscation of sale proceeds of smuggled goods; confiscation of packages etc. The
provisions

of

the

Customs

Act,

1962

dealing

with

confiscation

goods/conveyances/packages/cover goods are explained in the following paragraphs.

of

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A. Improper Imports:
As per Section 1112, the following goods brought in India from a place outside India are
improperly imported goods and are liable to confiscation:
(a) any goods imported by sea or air which are unloaded or attempted to be unloaded at any
place other than a customs port or customs airport appointed under S. 7 (a) for the
unloading of such goods;
(b) any goods imported by land or inland water through any route other than a route
specified in a notification issued under S. 7 (c) for the import of such goods;
(c) any dutiable or prohibited goods brought into any bay, gulf, creek or tidal river for the
purpose of being landed at a place other than a customs port;
(d) any goods which are imported or attempted to be imported or are brought within the
Indian customs waters for the purpose of being imported, contrary to any prohibition
imposed by or under this Act or any other law for the time being in force;
(e) any dutiable or prohibited goods found concealed in any manner in any conveyance;
(f) any dutiable or prohibited goods required to be mentioned under the regulations in an
import manifest or import report which are not so mentioned;
(g) any dutiable or prohibited goods which are unloaded from a conveyance in contravention
of the provisions of section 32, other than goods inadvertently unloaded but included in the
record kept under sub-section (2) of section 45;
(h) any dutiable or prohibited goods unloaded or attempted to be unloaded in contravention
of the provisions of section 33 or section 34;
(i) any dutiable or prohibited goods found concealed in any manner in any package either
before or after the unloading thereof;
(j) any dutiable or prohibited goods removed or attempted to be removed from a customs
area or a warehouse without the permission of the proper officer or contrary to the terms of
such permission;
(k) any dutiable or prohibited goods imported by land in respect of which the order
permitting clearance of the goods required to be produced under section 109 is not produced
or which do not correspond in any material particular with the specification contained
therein;

2 The Custom Act 1962

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(l) any dutiable or prohibited goods which are not included or are in excess of those included
in the entry made under this Act, or in the case of baggage in the declaration made under
section 77;
(m) any goods which do not correspond in respect of value or in any other particular with the
entry made under this Act or in the case of baggage with the declaration made under section
77 in respect thereof, or in the case of goods under transhipment, with the declaration for
transhipment referred to in the proviso to sub-section (1) of section 54;
(n) any dutiable or prohibited goods transited with or without transhipment or attempted to
be so transited in contravention of the provisions of Chapter VIII;
(o) any goods exempted, subject to any condition, from duty or any prohibition in respect of
the import thereof under this Act or any other law for the time being in force, in respect of
which the condition is not observed unless the non-observance of the condition was
sanctioned by the proper officer;
(p) any notified goods in relation to which any provisions of Chapter IVA or of any rule made
under this Act for carrying out the purposes of that Chapter have been contravened.
In brief, importing or attempting to import prohibited goods, avoiding duty payment,
importing in violation of foreign trade policy, mis-declaring goods or violating rules
regarding movement, storage, unloading or use of imported goods will make them liable for
confiscation under Section 111 of the Customs Act, 1962.

B. Improper Exports:3
As per Section 113 of the Customs Act, 1962, the following goods are goods attempted to be
improperly exported and are liable to confiscation: (i) any dutiable or prohibited goods
found concealed in any manner in any package either before or after the unloading thereof;
(j) any dutiable or prohibited goods removed or attempted to be removed from a customs
area or a warehouse without the permission of the proper officer or contrary to the terms of
such permission;
(k) any dutiable or prohibited goods imported by land in respect of which the order
permitting clearance of the goods required to be produced under section 109 is not produced
3 Section 113 of Customs act 1962

P a g e | 10

or which do not correspond in any material particular with the specification contained
therein;
(l) any dutiable or prohibited goods which are not included or are in excess of those included
in the entry made under this Act, or in the case of baggage in the declaration made under
section 77;
(m) any goods which do not correspond in respect of value or in any other particular with the
entry made under this Act or in the case of baggage with the declaration made under section
77 in respect thereof, or in the case of goods under transhipment, with the declaration for
transhipment referred to in the proviso to sub-section (1) of section 54;
(n) any dutiable or prohibited goods transited with or without transhipment or attempted to
be so transited in contravention of the provisions of Chapter VIII;
(o) any goods exempted, subject to any condition, from duty or any prohibition in respect of
the import thereof under this Act or any other law for the time being in force, in respect of
which the condition is not observed unless the non-observance of the condition was
sanctioned by the proper officer;
(p) any notified goods in relation to which any provisions of Chapter IVA or of any rule made
under this Act for carrying out the purposes of that Chapter have been contravened.
In brief, importing or attempting to import prohibited goods, avoiding duty payment,
importing in violation of foreign trade policy, mis-declaring goods or violating rules
regarding movement, storage, unloading or use of imported goods will make them liable for
confiscation under Section 111 of the Customs Act, 1962.
(a) any goods attempted to be exported by sea or air from any place other than a customs
port or a customs airport appointed for the loading of such goods;
(b) any goods attempted to be exported by land or inland water through any route other than
a route specified in a notification issued under S. 7 (c) for the export of such goods;
(c) any goods brought near the land frontier or the coast of India or near any bay, gulf, creek
or tidal river for the purpose of being exported from a place other than a land customs
station or a customs port appointed for the loading of such goods;
(d) any goods attempted to be exported or brought within the limits of any customs area for
the purpose of being exported, contrary to any prohibition imposed by or under this Act or
any other law for the time being in force;
(e) any goods found concealed in a package which is brought within the limits of a customs
area for the purpose of exportation;

P a g e | 11

(f) any goods which are loaded or attempted to be loaded in contravention of the provisions
of section 33 or section 34;
(g) any goods loaded or attempted to be loaded on any conveyance, or water-borne, or
attempted to be water-borne for being loaded on any vessel, the eventual destination of which
is a place outside India, without the permission of the proper officer;
(h) any goods which are not included or are in excess of those included in the entry made
under this Act, or in the case of baggage in the declaration made under section 77;
(i) any goods entered for exportation which do not correspond in respect of value or in any
material particular with the entry made under this Act or in the case of baggage with the
declaration made under section 77;
(ii) any goods entered for exportation under claim for drawback which do not correspond in
any material particular with any information furnished by the exporter or manufacturer
under this Act in relation to the fixation of rate of drawback under S.75;
(j) any goods on which import duty has not been paid and which are entered for exportation
under a claim for drawback under section 74;
(k) any goods cleared for exportation which are not loaded for exportation on account of any
willful act, negligence or default of the exporter, his agent or employee, or which after
having been loaded for exportation are unloaded without the permission of the proper
officer;
(l) any specified goods in relation to which any provisions of Chapter IVB or of any rule
made under this Act for carrying out the purposes of that Chapter have been contravened.

C: Confiscation of Conveyances:
Section 115 of the Custom Act, 1962 provides for the grounds on which conveyances can be
confiscated. It includes cases where the conveyance has been used for the purpose of
concealing goods, or if goods are thrown overboard so as to evade seizure, or fails to stop or
land in accordance with section 106 etc.:
D. Confiscation of Packages
Under Section 118 of the Customs Act, 1962, where any goods imported or attempted to be
exported in a package are liable to confiscation, the package and any other goods imported in
that package shall also be liable to confiscation.

P a g e | 12

E. Confiscation of Cover Goods

Section 119 of the Customs Act, 1962 provides that any goods (excluding conveyance used
a means of transport) used for concealing smuggled goods shall also be liable to confiscation.
F: Confiscation of Smuggled goods mixed with other goods
Section 120 of the Customs Act, 1962 provides that smuggled goods may be confiscated
notwithstanding any change in their form, or their being in an inseparable mixture form with
other goods.
G. Confiscation of sale proceeds of smuggled goods
Under Section 121 of the Customs Act, 1962, where any smuggled goods are sold by a person
having knowledge or reason to believe that the goods are smuggled goods, the sale-proceeds
thereof shall be liable to confiscation.

STATUTORY PROVISIONS FOR IMPOSITION OF

MONETARY PENALTY
The Statutory Provisions providing for imposition of monetary Penalty on the
importer/exporters and other offenders are as explained in the following paragraphs.4
A. Penalties in respect of improper importation of goods: 5
4 http://www.customsindiaonline.com/content.php?id=manual25
5 Section 112 of Customs Act 1962

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Section 112 of the Customs Act, 1962, lays down the penalty for improper importation of
goods. The penalty prescribed varies according to the gravity of the offence. Under
Section 112, penalties, which may be imposed, for different types of offences have been
tabulated in the Table I, given below.

Table I Nature of offence

Penalty under Section 112 of CA, 1962.
(i) In the case of goods in respect of which penalty not exceeding the value of the goods
any prohibition is in force under the or Rs.5,000/-, whichever is the greater;
Customs Act or any other law for the time
being in force
(ii) In the case of dutiable goods, other than penalty not exceeding the duty sought to be
prohibited goods

evaded

on

such

goods

or

Rs.5,000/-,

whichever is the greater;

(iii) In the case of goods in respect of which penalty not exceeding the difference between
the value declared is higher than the value the declared value and the value thereof or
thereof
Rs.5,000/-, whichever is the greater;
(iv) In the case of goods falling both under penalty not exceeding the value of the goods
(i) and (iii) above

or the difference between the declared value

and

the

value

thereof

or

Rs.5,000/-,

whichever is the highest; and

(v) In the case of goods falling both under penalty not exceeding the duty sought to be
clauses (ii) and (iii) above

evaded on such goods or the difference

between the declared value and the value
thereof or Rs.5,000/-, whichever is the
highest.

B. Penalties in respect of improper exportation of goods: 6

Sections 114 of the Customs Act, 1962, lays down the penalty for improper exportation of
goods. The penalty prescribed varies according to the gravity of the offence. Under Section
114, penalties, which may be imposed, for different types of offences have been tabulated in
the Table I, given below.
Table II Nature of offence
6 Section 114 of the Customs Act 1962

Penalty under Section 114 of the Customs

P a g e | 14

Act, 1962.
(i) In the case of goods in respect of which Penalty not exceeding three times the value
any prohibition is in force under the of the goods as declared by the exporter or
Customs Act or any other law for the time the value as determined under the Act,
being in force
whichever is the greater;
(ii) In the case of dutiable goods, other than Penalty not exceeding the duty sought to be
prohibited goods

evaded

on

such

goods

or

Rs.5,000/-,

(iii) In the case of any other goods

whichever is the greater; and

Penalty not exceeding the value of the goods
as declared by the exporter or the value as
determined

under

the

Customs

Act,

whichever is greater.

C. Imposition of Mandatory Penalty

Section 114A of the Customs Act, 1962 provides for imposition of mandatory penalty in
cases of non-levy/short-levy of duty or interest or erroneous refunds by reason of collusion or
any wilful mis-statement or suppression of facts. In such cases, the person who is liable to
pay the duty or interest, as determined under section 28 (8) of the Customs Act, 1962 is also
be liable to pay a penalty equal to the duty or interest so determined. If such amount, along
with interest and penalty, is paid within 30 days, the penalty gets reduced to 25% of the duty
or interest.
If the duty or interest determined to be payable is reduced or increased by the Commissioner
(Appeals), the Appellate tribunal or, as the case may be, the Court, then the duty or interest as
reduced or increased, as the case may be, is taken into account for the purpose of mandatory
penalty under Section 114A.
Also, in a case where the duty or interest determined to be payable is increased by the
Commissioner (Appeals), the Appellate tribunal or, as the case may be, the Court, then, the
benefit of reduced penalty shall be available if the amount of the duty or the interest so
increased, along with the interest payable thereon, and 25% of the consequential increase in
penalty has been paid.
In case, penalty has been levied under the Section 114A, then no penalty can be levied under
Sections 112 or 114 of the Customs Act, 1962.
D. Penalty for Knowingly or Intentionally using False or Incorrect Material

P a g e | 15

Section 114AA of the Customs Act, 1962 lays down that where a person knowingly or
intentionally uses false and incorrect material, in the transaction of any business for the
purposes of this Act, he shall be liable to a penalty not exceeding five times the value of
goods.
E. Penalty on Person In charge of Conveyance
In terms of Section 116 of the Customs Act, 1962, if any goods loaded in a conveyance for
importation into India, or any goods transhipped under the provisions of the said Act or
coastal goods carried in a conveyance, are not unloaded at their place of destination in India,
or if the quantity unloaded is short of the quantity to be unloaded at that destination, and, if
the failure to unload or the deficiency is not accounted for to the satisfaction of the
Assistant/Deputy Commissioner of Customs, the person-in-charge of the conveyance is liable
to the following penalty as mentioned in Table III:
(i) In the case of goods loaded in a conveyance Penalty not exceeding twice the amount of
for

importation

into

India

or

goods duty that would have been chargeable on the

transshipped under the provisions of the goods not unloaded or the deficient goods, as
Customs Act, 1962

the case may be, had such goods been

(ii) In the case of coastal goods

imported; and
Penalty not exceeding twice the amount of
export duty that would have been chargeable
on the goods not unloaded or the deficient
goods, as the case may be, had such goods
been exported.

F.

Penalty for other Convention of Provisions for which no express penalty

prescribed.

Section 117 of the Customs Act, 1962 is a covering provision which lays down that for any
other contravention of the Customs Act for which express penalty has not been provided
elsewhere, the person liable can be charged with a penalty not exceeding one lakh rupees.

P a g e | 16

PROCEDURE FOR ADJUDICATION OF CONFISCATIONS

AND PENALTIES:
The Customs Act enjoins quasi-judicial proceedings to be followed before any penalties are
imposed and any confiscation action etc., initiated against any offending goods. Apart from
issuing Show Cause Notice 7, the persons concerned are required to be given opportunity of
representation in writing and personal hearing in the matter. The adjudication authority is
then required to pass final order taking due note of all evidences brought on record.
Generally, mens rea is not required to be proof for the imposition of penalty ( except under
section 114A and 114AA) under the provisions of the Customs Act. The amount of penalty
depends on the gravity of the offence and is to act as a deterrent for the future.

7 Section 124

P a g e | 17

Section 122 talks about adjudication of confiscations and penalties and prescribes limits of
confiscation or penalty according to monetary value of goods that are confiscated. The details
are given in the table IV:
Officer empowered to adjudicate

Monetary

value

of

goods

that

are

confiscated
Commissioner of Customs or a Joint No limit
Commissioner of Customs
Assistant Commissioner of Customs or

does not exceed two lakh rupees

Deputy Commissioner of Customs

Gazetted Officer of Customs lower in rank does not exceed, ten thousand rupees
than

an

Assistant

Commissioner

of

Customs or Deputy Commissioner of

Customs

OTHER RELEVANT PROVISIONS OF THE CUSTOMS ACT,

1962
Section 1228 A of the Customs Act, 1962 speaks about the adjudication procedure wherein
the Act formally recognises the principle of natural justice of 'audi alteram partem' i.e. no
party shall be condemned unheard. Thus, if a party so desires it shall be heard. It also allows
for no more than three adjournments during hearings.
Section 123 talks about 'Burden of proof' whenever seizure of smuggled goods is made. In
consonance with general legal provisions the burden of proof lies on either the party from
whose possession the goods were seized or the party who claims ownership of such goods.

8 Customs Act 1962.

P a g e | 18

Section 124 includes a crucial component of procedure i.e, the issuance of show cause notice
before confiscation of goods. This has to be done by an officer not below the rank of an
assistant commissioner and the owner of the goods or such a person should be given an
opportunity to make a representation in writing within specified reasonable time. The SCN
notice can also be oral.
Section 125 gives the discretion to the customs officer to levy and collect fine in lieu of
confiscation, provided that such fine shall not exceed market price of the goods confiscated /
less than the duty chargeable thereon. Thus, whenever the goods confiscated are not
prohibited goods, an option is to be given under this section to pay a fine known as
redemption fine of quantum as the adjudicating authority deems fit, in lieu of the
confiscation. Prohibited goods are required to be confiscated absolutely.

Section 126 provides that upon confiscation, property lies in the Central Government.
Section 127 specifies that award of any confiscation or penalty is exclusive and does not
interfere with infliction of any punishment under chapter XVI of the Act or any other law.

CONCLUSION:

Custom Duty is imposed under the Indian Customs Act formulated in 1962 by the
Constitution of India under the Article 265, which states that no tax shall be levied or
collected except by authority of law. So, the Indian Custom Act was introduced that allow
the Central Government to collect the taxes under the name of Custom Duty.
Custom Duties are usually levied with ad valorem rates and their base is determined by the
domestic value 'the imported goods calculated at the official exchange rate. Similarly,
export duties are imposed on export values expressed in domestic currency.The Indian
Customs Duties are major source of revenue for the Union Government and constitute around
30% of its tax revenues. Together with Central Excise duties, the contribution amount to
nearly three-fourth of total tax revenue of the Union Government.

P a g e | 19

The provisions relating to confiscation of goods and conveyance under Custom Act and
imposition of penalties are provided under Section 111 to Sec 127 under Indian Customs Act
1962.
The Customs Act lays down in detail provisions to deal with acts and omissions that violate
the law, and provide for penalties that can be imposed by departmental authorities and
punishments that can be imposed by courts of law. The law also empowers Customs officers
to carry out searches, arrests and prosecution of persons involved in such offences. The
Customs Act also lays down the procedural requirements to be followed while imposing the
various penal provisions for violations so as to ensure that due process of law is followed
before action is taken against offending goods, persons or conveyance involved in the
violations.

BIBILOGRAPHY:
BOOKS REFERRED:
Direct Taxes Law And Practise by Vinod K. Singhania and Kapil Singhnia
Direct Tax Laws by T.N. Manhoaran
Indirect Tax Laws by Yogendra Bangar and Vandana Bangar

WEBSITES REFFERED:

http://www.cbec.gov.in/customs/cs-act/cs-act-ch14.htm
http://nacen.gov.in/inspire/uploads/downloads/53d0ca173c4a7.pdf
http://www.customsindiaonline.com/content.php?id=manual25
http://www.icaiknowledgegateway.org/littledms/folder1/chapter-12-6.pdf