Customs Act, 1962 › Chapter XVII — Miscellaneous
Section 160. Repeal and savings
Customs Act, 1962
Bare Act
Repeal and savings. —
(1) The enactments specified in the Schedule are hereby repealed to the extent mentioned in the fourth column thereof.
(2) In the Indian Tariff Act, 1934 (32 of 1934) -
(a) for section 2, the following section shall be substituted, namely:- "2. Duties specified in the Schedules to be levied. — The rates at which duties of customs shall be levied under the Customs Act, 1962, are specified in the First and Second Schedules.";
(b) sections 5 and 6 shall stand repealed.
(3) Notwithstanding the repeal of any enactment by this section, -
(a) any notification, rule, regulation, order or notice issued or any appointment or declaration made or any licence, permission or exemption granted for any assessment made, confiscation adjudged or any duty levied or any penalty or fine imposed or any forfeiture, cancellation or discharge of any bond ordered or any other thing done or any other action taken under any repealed enactment shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provision of this Act;
(b) any document referring to any enactment hereby repealed shall be construed as referring to this Act or to the corresponding provision of this Act.
(4) This Act shall apply to all goods which are subject to the control of customs at the commencement of this Act notwithstanding that the goods were imported before such commencement.
(5) Where the period prescribed for any application, appeal, revision or other proceeding under any repealed enactment had expired on or before the commencement of this Act, nothing in this Act shall be construed as enabling any such application, appeal or revision to be made or a proceeding to be instituted under this Act by reason only of the fact that a longer period therefore is prescribed or provision is made for extension of time in suitable cases by the appropriate authority.
(6) The provisions of section 65 shall apply to goods warehoused before the commencement of this Act if the operations permissible under that section were carried on after such commencement.
(7) Any duty or penalty payable under any repealed enactment may be recovered in a manner provided under this Act but without prejudice to any action already taken for the recovery of such duty or penalty under the repealed enactment.
(8) The mention of particular matters in sub-sections (4), (5), (6) and (7) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.
(9) Nothing in this Act shall affect any law for the time being in force relating to the constitution and powers of any Port authority in a major port as defined in the Indian Ports Act, 1908 (15 of 1908).
Judgments on Section 160
- Union Of India vs The Board Of Trustees Of The Port Of Bombay — Supreme Court of India, 25 Aug 2026. Custody of imported goods derived from another statute, such as the Major Port Trusts Act, does not bar approval of that person as custodian under Section 45(1) or fasten liability on him under Section 45(3) for duty on…
- M/S.Sherisha Technologies Pvt. Ltd vs The Chief Commissioner Of Customs — Madras High Court, 13 Jun 2022. Rent/demurrage on seized imported goods stored in a customs area is waivable for the investigation period under Regulation 6(1)(l) of the Handling of Cargo in Customs Areas Regulations, 2009, but thereafter liability…
- The Supreme Industries Limited Through… vs The Central Board Of Indirect Taxes And… — Bombay High Court, 8 Mar 2021. In case of repugnancy between a validly made subordinate legislation and a private contract, the contract must yield; a detention cum demurrage waiver certificate issued under Regulation 10(1)(l) of the SCMTR, 2018…
- Shree Shyam Enterprises vs Union Of India & Ors — Delhi High Court, 20 Dec 2019. The prohibition in Regulation 6(1)(l) of the Handling of Cargo in Customs Areas Regulations, 2009 on charging rent or demurrage on seized, detained or confiscated goods is 'subject to any other law for the time being in…
- Mumbai Port Trust vs M/S. Shri Lakshmi Steels And Ors. Etc. — Supreme Court of India, 27 Jul 2017. Where delay in release of detained imported goods is attributable partly to the importer, the importer cannot claim exemption from demurrage and detention charges, the remedy for remission lying under Section 53 of the…