| 1. |
Minimum
pre-clearance scrutiny of import/export declarations and examination of goods. |
| 2. |
Introduce
systems assessment i.e. without any human intervention for specified
commodities/identified importers and exporters. |
| 3. |
Introduce
audit-based post-clearance scrutiny for identified importers/exporters, industry groups.
Combine post-clearance audit for Customs and Central Excise in respect of
manufacturer-importers/exporters wherever possible. |
| 4. |
Accept
periodic declarations instead of individual declarations for each consignment for
identified importers/exporters |
| 5. |
Introduce
a system of deferred duty payment for identified assessees subject to revenue safeguards. |
| 6. |
Minimize
physical examination of goods by effectively using risk assessment based
targeting techniques. |
| 7. |
Introduce
a system of release of goods even where the documentation is incomplete or there has been
contravention of Customs laws, subject to adequate safeguards. |
| 8. |
Eliminate
divergent practices in the application of Customs laws and procedures at different Customs
stations by effective monitoring and analysis of the computerized database. |
| 9. |
Move towards a
single window clearance wherever possible |
| 10. |
Provide 24 hours
or extended time Customs clearance facility, wherever required. |
| 11. |
Implement the
provisions of International Conventions on Customs techniques (revised Kyoto Convention). |
| 12. |
Examine all extant
procedures and eliminate those not compatible with trade facilitation |
| 13. |
Undertake a
continual review of Customs procedures so as to be responsive to changing situations. |
CENTRAL EXCISE
|
| 1. |
Study all the
existing Central Excise procedures, and streamline and simplify them, so that the assesses
are encouraged to comply voluntarily |
| 2. |
Evolve a new and
comprehensive Central Excise law; |
| 3. |
Adopt unified
Modvat rules for inputs and capital goods. |
| 4. |
Move towards a
system of periodical payment of duties by assessees |
| 5. |
Replace physical
checks with selective audit |
| 6. |
Accept records
maintained under Companies Act for the purpose of administration of Central Excise laws in
lieu of statutory records; |
| 7. |
Evolve simplified
schemes for refunds and rebates due to manufacturers and exporters |
| 8. |
Eliminate
divergent practices in the application of Excise laws and procedures at different
formations by effective monitoring and analysis of the computerised database. |
| 9. |
Undertake a
continual review of Excise procedures so as to be responsive to the changing situations. |
|
|

|
Compliance with tax laws is the shared responsibility of the
taxpayer and the tax collector.Nevertheless, a tax system can be effective only if it can
systematically obtain voluntary compliance of the tax laws by the assessees.To encourage
voluntary compliance, the tariff levels should be moderate, the procedures simple, and the
cost burden of compliance minimal.There should be certainty about the assessments made and
duty liability so as to eliminate retroactive burdens on the assessees.Further, we believe
mutual trust should be the foundation on which the relationship between us and our clients
are built. |

|
To win business confidence and create a climate for voluntary compliance, we
would institute the following measures:- |
| a. |
Prior consultation
with concerned trade interest and field formations before introducing changes in laws and
procedures. |
| b. |
Having a system of
advance rulings on classification and valuation of goods and the applicability of specific
duty exemption schemes. |
| c. |
Improving
the quality of service and providing information to the trade and the taxpayers by
establishing Guidance units at various Customs and Excise formations.Such Guidance Centers
would furnish information to the trade on issue of specific interest and also provide
general information regarding laws and procedures, and the admissibility of benefits under
various exemption schemes. |
| d. |
Make
more effective use of Seminars Open Houses, Publicity materials, and
Audiovisual Media for dissemination of information. |
| e. |
Create
a web site for CBEC on the Internet and make available copies of Notifications and
Circulars on line for faster communication of information to Trade and field offices.Also
provide Inter-Active Telephone Help lines. |
| f. |
Restructure
the existing Grievance Redressal Machinery by setting up an independent ombudsman at each
Customs Station and Central Excise Commissionerate |
| g. |
Evolve
a common business identification number in place of separate identifiers being issued for
Customs, Central Excise, Income Tax and Foreign Trade (DGFT) purposes. |
|
 |
EVOLVING COOPERATIVE INITIATIVES |
CUSTOMS
 |
In the
sphere of facilitation and regulation of International trade, several agencies apart from
Customs, have a role to play.We believe that trade with other countries can be enhanced
only when these agencies act in concert and mutual cooperation. Similarly, in the area of
border control we recognise the role of the Boarder Security Force and the Coast Guard. |
 |
At the
International level too, cooperation with the World Customs Organization and the World
Trade Organization to bring about greater harmonisation of Customs procedures and other
trade related polices is identified as a clear need.Another area where cooperation amongst
various countries involved in International Trade is called for is combating commercial
frauds and smuggling of narcotics. |
 |
The initiatives identified in
order to achieve these objectives are:-
| a. |
Establishing durable working
partnership with Airlines, Shipping Lines, Custodians and other Agencies and Organisations
involved in cargo clearance. |
| b. |
Evolving
minimum standards through mutual consultations with various Agencies to reduce delays in
the release of Import/Export Cargo (such as standards for time taken for filling of
Manifests by the carriers, prior notice of arrival of goods to importers, for filling of
goods declaration by Customs Agents, presentation of goods for examination by custodian,
etc.) |
| c. |
Co-operating
with custodians at airports in setting up separate facilities for clearance of express
consignment imported/exported through the courier mode. |
| d. |
Co-operating
with State Governments and other concerned agencies in developing and improving the
infrastructure facilities for clearance of cargo at land Customs stations and other inland
locations. |
| e. |
Evolving a
uniform nomenclature based on the Harmonized system for levy of Customs and Excise duties,
export and import trade policy and trade statistics. |
| f. |
Instituting
and operating formal consultative mechanism with Director General of Foreign
Trade/Ministry of Commerce for introducing of making changes in export and import trade
policies. |
| g. |
Entering
into Mutual Administrative Assistance Agreements with the Customs Administrations of other
countries in terms of the Nairobi Convention. |
|
|
| CENTRAL EXCISE |

|
As in the area of international trade,
cooperation amongst various agencies concerned with domestic industry and trade is a clear
need for effective monitoring of the trade pattern and for trade facilitation.The Income
Tax Department, Sales Tax Department, the local Octroi Authorities, Police and the
Department of Industries possess information useful for the Excise Department.This
information can be effectively utilised for combating tax evasion as well as for
streamlining and for eliminating duplication of documentation and database, common
documents can be evolved to satisfy the requirements of various tax laws and also reducing
the burden of reporting by the trade and industry to various agencies. |

|
The initiative identified in this regard are:-
| a. |
Establishing a working
partnership with other tax collecting departments. |
| b. |
Entering into mutual
administrative assistance agreement with other law enforcing agencies. |
| c. |
Establishment of commercial
data exchange mechanism with other agencies using the common Business Identified Number |
| d. |
Development of common
documentation system that satisfies the requirements of various trades related
legislation. |
|
 |
|
ASSISTING IN THE FORMULATION OF TARIFF POLICIES |

|
Since 1991, several steps have been taken to lower
import tariffs and excise duty levels and also reduces dispersion in the duty
rates.Exemption schemes have also been considerably rationalized.This is an ongoing
process and to enable the Government to take well considered decisions on the
tariff/duties levels as also other concessions, it is proposed to:-
| a. |
Undertake
continual review of import tariffs and excise duty rates, keeping in view our
international commitments (WTO bindings, if any) and their impact on domestic production. |
| b. |
Conduct
specific sectoral/commodity studies for imposing safeguard duties, anti-dumping duties and
the like, so that domestic industry is able to raise its competitiveness |
|
 |
|
COMBATING REVENUE
EVASION, COMMERCIAL FRAUDS AND SOCIAL MENACE EFFECTIVELY |
 |
Despite the trade liberalization and reduction in
tariffs, the problems of duty evasion through undervaluation, misdeclaration, misuse of
duty exemption schemes and other violations of laws including drug trafficking would need
to be addressed.There are still substantial monetary advantages to encourage the
ever-growing number of economic offenders to circumvent law.The modus operandi with the
changing economic scenario and the growing ingenuity of the operators. |

|
We propose the following measures to combat revenue evasion, commercial
frauds and social menace effectively:- |
CUSTOMS |
| 1. |
Make better
use of intelligence systems and emerging technologies
by refocusing on information sourcing and analysis.
by improving the balance between central and local risk assessments across all businesses.
by developing and maintaining links with international agencies on intelligence,
investigation and enforcement activities.
by developing a new risk assessment system to ensure a better balance between resources
and risk. |
| 2. |
Strengthen
the Directorate General of Revenue Intelligence so as to enhance its capability I tackling
commercial frauds. |
| 3. |
Strengthen
the Directorate of Valuation to enable it to provide information and guidance to field
formations on price-trends, commodities prone to under valuation, suspect imports and
modus-operandi relating to valuation frauds. |
| CENTRAL
EXCISE |
| 1. |
Create a
Directorate General of Audit to strengthen the audit set-up |
| 2. |
Develop a
professional audit programme by utilising modern audit techniques including a Computer
Assisted Audit Programme (CAAP) based on risk analysis |
| 3. |
Develop an Audit
Programme for the administration of the Service Tax. |
| 4. |
Create a detailed
and effective database on tax compliance for targeting high risk and low
risk areas. |
| 5. |
Strengthen the
Directorate General of Anti-evasion so as to enhance its capability in tackling commercial
frauds |
| 6. |
Tackle the Modvat
and valuation frauds effectively by utilising the services of professional Chartered
Accountants and Cost Accountants. |
|
 |
| MEASURING CONFIRMANCE TO
SERVICE DELIVERY STANDARDS |
 |
In
the context of liberalisation of trade, the service delivery levels of the Customs and
Excise Administrations have to be substantially enhanced.It is accordingly proposed to
first develop the standards for delivery of service to the trading community; then
evaluate performance of Administration to bring about accountability.To improve the
service delivery standards, the initiatives we have in mind are:
| a. |
Publication of Citizens
Charter, setting out service standards. |
| b. |
Undertaking a
survey of satisfaction levels of travelling public passing through Customs at various Ports,
Airports and other border stations; also conduct survey of satisfaction levels of businesses,
industry and individuals involved in manufacture and clearance of goods and institute measures
to improve service delivery conformance. |
| c. |
Undertake on
on-going-basis an assessment of the degree of conformance to standards and publish periodical
reports for the information of the trading community. |
|
 |
|
|
|