**Executive Summary**
Circular No. 22/2025-Customs, dated September 12, 2025, from the Department of Revenue, Ministry of Finance, concerns the implementation of the Customs (Provisional Assessment) Regulations, 2025, following changes made by the Finance Act, 2025. These regulations, notified via Notification No. 55/2025-Customs (NT) and effective from March 29, 2025, supersede the 2018 Regulations. Officers are to be sensitized on the changes to ensure strict compliance.
**Key Points / Main Content**
* **Provisional Assessment Finalization Time Limits:**
* A two-year time limit is provided for the finalization of provisional assessments, extendable by the Principal Commissioner or Commissioner of Customs with sufficient cause.
* For pending cases, the time limit begins from March 29, 2025.
* The two-year time limit applies from when the reasons for certain grounds cease to exist, not from the order date of the provisional assessment.
* **Document Submission and Information Timelines:**
* A 14-month time limit is set for submitting documents or information, including test reports, from the date of provisional assessment finalization. The same limit applies for completing inquiries and transferring relevant documents to the proper officer.
* If required documents or information are absent, the Proper Officer will finalize the provisional assessment based on available documents, adhering to natural justice principles.
* For cases where duty on goods was not finalized as of March 29, 2025, officers must obtain pending documents or information, or complete necessary inquiries, by May 29, 2026.
* The Proper Officer should finalize the assessment within three months of receiving all information or conclusion of enquiry.
* Time limits for finalization can be extended by the Principal Commissioner of Customs or the Commissioner of Customs, but within the limits provided for finalization of the assessment.
* **Duty Payment and Adjustment:**
* Importers or exporters can pay the duty amount ascertained on their own against the bill of entry or shipping bill during the pendency of provisional assessment with interest till the date of payment as per Section 18. This amount shall be adjusted against the duty finally assessed or reassessed.
* Regulations are aligned with the Act's timelines for provisional assessment finalization.
* **Finalization Process:**
* The Proper Officer must issue a speaking order to finalize the assessment, following natural justice principles if the final assessment differs from the provisional one. Written acceptance from the importer or exporter is required if the final assessment confirms the provisional assessment. Finalization must be communicated in writing.
* If a differential amount becomes payable, the bill of entry or shipping bill shall be returned for payment and the importer or exporter is liable for interest on the differential amount. Conversely, refunds will be processed per Section 18.
* Upon finalization, the bond and security are cancelled or re-credited if no dues are pending.
* Unpaid amounts exceeding 90 days will be adjusted from the security or recovered under Section 142 of the Act, with intimation to the importer or exporter.
* This regulation applies to provisional assessment undertaken under Project Imports.
* **Single Unified Multi-Purpose Electronic Bond:**
* Provisions for submitting a Single Unified Multi-Purpose Electronic Bond are outlined in Circular No. 04/2025-Customs dated February 17, 2025, allowing a single, all-India bond instead of transaction-wise bonds.
* **Monitoring and Reporting:**
* Assessments pending finalization beyond 17 months from the date of provisional assessment should be reported to the Commissioner of Customs for effective monitoring.
* The Commissioner will personally monitor cases exceeding 17 months for finalization or extension decisions.
**Impact Analysis**
**Stakeholder: All Principal Chief Commissioners/ Chief Commissioners of Customs/ Customs (Preventive) / Customs and Central Tax; All Principal Commissioners/ Commissioners of Customs/ Customs (Preventive); All Principal Director Generals/ Director Generals under CBIC**
**Impact**
Need to implement and oversee the revised Customs (Provisional Assessment) Regulations, 2025, and ensure that the changes brought about by the Finance Act, 2025, are properly executed within their jurisdiction.
**Action Required**
* Sensitize officers under their jurisdiction on the new regulations to ensure strict compliance.
* Monitor assessments pending finalization beyond 17 months and report to the Commissioner of Customs.
* Address any difficulties in implementation and bring them to the notice of the Board for clarification or necessary action.
**Stakeholder: Importers and Exporters**
**Impact**
Affected by changes in the time limits for document submission, finalization of provisional assessments, duty payment procedures, and the handling of bonds and security.
**Action Required**
* Comply with the revised time limits for submitting documents or information related to provisional assessments.
* Make payments of the duty amount with interest.
* Provide written acceptance for final assessment.
Key Entities Referenced
Finance Act, 2025: Amends provisions related to provisional assessment under the Customs Act, 1962.
Customs Act, 1962: Governs customs regulations, particularly Section 18 concerning provisional assessments.
Customs (Provisional Assessment) Regulations, 2025: Regulations specifying the procedures and timelines for provisional assessment of customs duties.
Central Board of Indirect Taxes and Customs (CBIC): The governing body responsible for implementing and overseeing customs regulations.
Circular No 22/2025 -Customs
F. No.450/76/2018-CusIV
Government of India
Ministry of Finance
Department of Revenue
(Central Board of Indirect Taxes and Customs)
Room No. 229A, North Block,
New Delhi, 12 th September , 2025
To,
All Principal Chief Commissioners/ Chief Commissioners of Customs/ Customs
(Preventive) / Customs and Central Tax
All Principal Commissioners/ Commissioners of Customs/ Customs (Preventive),
All Principal Director Generals/ Director Generals under CBIC
Subject:- Implementation of Customs (Provisional Assessment) Regulations, 2025 -
Reg.
Madan/Sir,
Attention is invited to the changes in the Section 18 of Customs Act, 1962 dealing with the
Provisional Assessment in the Finance Act, 2025, which came into effect from 29" March, 2025.
2. In brief, the changes brought through Finance Act, 2025 in relation to Provisional
Assessment is summarized as below:
a. provide time limit of two years for finalisation of provisional assessment which shall be
extended by Principal Commissioner of Customs or the Commissioner of Customs, if the
sufficient cause is shown.
b. for pending cases, the time-limit shall be from 29th March 2025, i.e., the date of
enactment of the Finance Act, 2025.
c. provide for certain grounds on which the time limit of two years shall apply not from the
date of the order of the provisional assessment, but from the date when the reasons for
such ground ceases to exist.
3. Further, Section 18 of Customs Act, 1962 also provides for prescribing timelimit for
submission of documents or information by the importer or exporter and the manner of
finalisation of the provisional assessment.
4. In view of the above changes in the Finance Act, 2025, the Customs (Provisional
Assessment) Regulations, 2025 has been notified vide Notification No. 55/2025-Customs (NT)dated 12.09.2025, superseding the earlier Customs (Finalization of Provisional Assessment)
Regulations, 2018, with following salient features:
a. Time-limit of fourteen months from the date of finalisation of the provisional assessment
for submission of documents or information including the test reports (chemical or
otherwise), the reasons for which the provisional assessment was resorted to. The same
time limit of fourteen months will apply for completion of enquiry and transferring the
relevant documents, along with the report in writing to the proper officer for finalisation
of assessment.
b. In the absence of submission of the required documents or information, Proper Officer
will proceed to finalise the provisional assessment based on the documents available and
providing opportunity to the importer or exporter by following the principles of natural
justice.
c. These regulations shall also apply to pending cases where the duty payable on goods has
not been finally assessed as of 29.03.2025. In this regard, officers shall obtain the
pending documents or information, or complete necessary enquiries, within fourteen
months from 29.03.2025, i.e., by 29.05.2026, so that provisional assessments can be
finalised within the prescribed time limit under Section 18 of the Customs Act, 1962.
d. Where possible to do so, the proper officer shall finalise the assessment within three
months from the obtaining of pending documents or information or conclusion of
enquiry, or seek extension from the officer to whom the proper officer is sub-ordinate,
but within the prescribed time limit under section 18 of Customs Act,1962.
e. Above time limits on sufficient cause being shown, may be extended by Principal
Commissioner of Customs or Commissioner of Customs, but within the time-limits
provided for finalisation of the assessment.
f. As clarified earlier through Circular No. 40/2011-Customs dt. 09.11.2011, provision has
been incorporated to provide that importer or exporter may make payment of the duty
amount ascertained on their own against the bill of entry or shipping bill, anytime during
the pendency of provisional assessment, along with the interest till the date of payment as
per section 18. This amount shall be adjusted against the duty finally assessed or
reassessed, as the case may be.
g. The regulations have been aligned with the timelimits in the Act for finalisation of the
Provisional assessment.
h. While finalizing the provisional assessment in accordance with Section 18 of the
Customs Act, 1962, The proper officer shall pass a speaking order to finalize the
assessment. In cases where the final assessment differs from the provisional assessment,
the principles of natural justice shall be followed. In cases where the final assessment
confirms the provisional assessment, the same shall be finalized after obtaining written
acceptance from the importer or exporter. The finalization shall be communicated in
writing.
i. If any differential amount becomes payable after adjustment of the duty already paid, the
bill of entry or shipping bill shall be returned for payment. The importer or exporter shall
also be liable to pay interest on the differential amount as per sub-section (2) of Section
18 of the Act. Similarly, If the importer or exporter is entitled to a refund afterfinalization, the same shall be processed in accordance with sub-sections (4) and (5) of
Section 18 of the Act.
j. Upon finalization of the provisional assessment, the bond and security furnished at the
time of provisional assessment shall be cancelled or re-credited, and the security returned,
provided there are no pending dues. This applies in cases where the provisional
assessment is confirmed, where duty along with interest has been fully paid for home
consumption or exportation, or where an appropriate bond has been executed in respect
of warehoused goods.
k. Where any amount due (duty, interest, fine, penalty or other sum) remains unpaid for
more than 90 days and has attained finality, it shall be adjusted from the security or
recovered under Section 142 of the Act, with due intimation to the importer or exporter.
|. This regulations shall also apply to the provisional assessment undertaken under Project
Imports.
5.1 The provisions for submission of a Single Unified Multi-Purpose Electronic Bond for
provisional assessments are outlined in Circular No. 04/2025-Customs dated 17.02.2025. This
bond allows importers or exporters to furnish a single, all-India multipurpose bond in lieu of
transaction-wise bonds across different ports.
5.2 The assessment pending for finalization for a period beyond 17 Months, from the date of
provisional assessment, should be reported to Commissioner of Customs for effective monitoring
and to adhere to the timelines. The Commissioner will personally monitor the cases beyond 17
months for finalization or an appropriate decision regarding extension as provided in the
regulation 11 of the Customs (Provisional Assessment) Regulations, 2025.
5.3 Provisional assessment under Section 18 is an important facilitative mechanism allowing
clearance of goods where final assessment cannot be completed due to lack of full information or
documents. The updated legal framework is expected to bring transparency, predictability, and
efficiency to the finalization process of provisional assessments. The officers under your
jurisdiction may be sensitized on the above changes and to ensure strict compliance with the
provisions of Customs (Provisional Assessment) Regulations.
6. Difficulties, if any, in implementation of these regulations may be brought to the notice of
the Board for clarification or necessary action.
Hindi version follows.
Yours faithfully,
(Indrajit Panda)
Under Secretary, Customs IV