Customs Act, 1962 › Chapter XVII — Miscellaneous
Section 156. General power to make rules
Customs Act, 1962
Bare Act
General power to make rules. —
(1) Without prejudice to any power to make rules contained elsewhere in this Act, the Central Government may make rules consistent with this Act generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the manner of determining the transaction value of the imported goods and export goods under sub-section (1) of section 14;
(b) the conditions subject to which accessories of, and spare parts and maintenance and repairing implements for, any article shall be chargeable at the same rate of duty as that article;
(c) the due date and the manner of making deferred payment of duties, taxes, cesses or any other charges under sections 47 and 51;
(d) the detention and confiscation of goods the importation of which is prohibited and the conditions, if any, to be fulfilled before such detention and confiscation and the information, notices and security to be given and the evidence requisite for the purposes of such detention or confiscation and the mode of verification of such evidence;
(e) the reimbursement by an informant to any public officer of all expenses and damages incurred in respect of any detention of any goods made on his information and of any proceedings consequent on such detention;
(f) the information required in respect of any goods mentioned in a shipping bill or bill of export which are not exported or which are exported and are afterwards re-landed;
(g) the publication, subject to such conditions as may be specified therein, of names and other particulars of persons who have been found guilty of contravention of any of the provisions of this Act or the rules.
(h) the amount to be paid for compounding and the manner of compounding under sub-section (3) of section 137.
(i) the form, time limit, manner, circumstances, conditions, restrictions and such other matters for carrying out the provisions of Chapter VAA.
Judgments on Section 156
- M/S Coal India Ltd vs Commr.Of Customs(Port) Kolkata — Supreme Court of India, 1 May 2025. Payments made by an importer to the foreign supplier's Indian agent as a condition of sale, being product support services directly relatable to the importation, must be added to the transaction value under Rule 9(1)(e)…
- Commr.Of Customs (Import) Mumbai vs M/S Ganpati Overseas Thr. Its… — Supreme Court of India, 6 Oct 2023. Undervaluation must be proved by the department through evidence or information of contemporaneous imports of like goods at higher prices, and mere suspicion of the invoice or reliance on foreign export…
- Wipro Ltd vs Asst. Collector Of Customs & Ors — Supreme Court of India, 16 Apr 2015. Loading, unloading and handling charges must be added to the assessable value at their actual ascertainable cost, and the notional 1% of F.O.B.
- M/S Associated Cement Companies Ltd vs Commissioner Of Customs — Supreme Court of India, 25 Jan 2001. Goods which the Customs Tariff Act itself makes free of import duty (such as drawings and designs under heading 49.06) are 'goods' under Section 2(22) but not 'dutiable goods' under Section 2(14), since duty is neither…
- Kundan Care Products Ltd vs Commissioner Of Customs-New Delhi Acc… — CESTAT, 31 Jul 2024. A penalty imposed under section 112 of the Customs Act for 'contravention' of statutory provisions is not a penalization for an 'offence', since offences and penalties are distinct categories; therefore, a licensee who…
- Trip Communication Pvt. Ltd vs Union Of India & Others — Delhi High Court, 28 Mar 2014. Demurrage/detention waiver under Regulation 6(1)(l) HCCAR, 2009 and the AAI Policy for Waiver must be harmoniously construed: an importer against whom fine, penalty, personal penalty and/or warning is imposed gets no…