Customs Act, 1962 › Chapter V — Levy of, and Exemption from, Customs Duties
Section 19. Determination of duty where goods consist of articles liable to different rates of duty
Customs Act, 1962
Bare Act
Determination of duty where goods consist of articles liable to different rates of duty. — Except as otherwise provided in any law for the time being in force, where goods consist of a set of articles, duty shall be calculated as follows:-
(a) articles liable to duty with reference to quantity shall be chargeable to that duty;
(b) articles liable to duty with reference to value shall, if they are liable to duty at the same rate, be chargeable to duty at that rate, and if they are liable to duty at different rates, be chargeable to duty at the highest of such rates;
(c) articles not liable to duty shall be chargeable to duty at the rate at which articles liable to duty with reference to value are liable under clause (b):
Provided that, -
(a) accessories of, and spare parts or maintenance and repairing implements for, any article which satisfy the conditions specified in the rules made in this behalf shall be chargeable at the same rate of duty as that article;
(b) if the importer produces evidence to the satisfaction of the proper officer or the evidence is available regarding the value of any of the articles liable to different rates of duty, such article shall be chargeable to duty separately at the rate applicable to it.
Judgments on Section 19
- Radhika Agarwal vs Union Of India — Supreme Court of India, 27 Feb 2025. In arrests under special Acts such as the Customs Act, courts may interfere only where there is manifest arbitrariness or gross violation of the statutory safeguards, and not to test the sufficiency of the material…
- Vicky Ramchand Asrani vs Mumbai-Air Port — CESTAT, 19 Dec 2024. Illicit import of gold must be deterred, but not by alienation of possession from its owner — where goods are merely restricted and not truly prohibited, absolute confiscation under section 125 fails and the owner is…
- Seco Tools India (P) Ltd vs Commissioner Of Customs-Air Cargo… — CESTAT, 29 Sep 2022. A Board circular cannot curtail the amendatory power under section 149 of the Customs Act, 1962 by imposing time limits or restrictions not contemplated in the parent statute, so a request for conversion of shipping…
- The Daily Thanthi vs Commissioner Of Customs (Appeals) — Madras High Court, 25 Jan 2021. Amounts deposited 'under protest' at the appellate stage, in the nature of a pre-deposit under Section 131 of the Customs Act, 1962, must be refunded without invoking the unjust enrichment bar or limitation of Section…
- Vijay Madanlal Choudhary vs Union Of India — Supreme Court of India, 27 Jul 2022. The argument about proportionality of punishment with reference to the nature of the scheduled offence is wholly unfounded and stands rejected.