Home India Ministry of Finance In exercise of the powers conferred by sub section (2) of se...
Date: 2022-12-13 Category: Extra Ordinary State: Union Government Country: India

In exercise of the powers conferred by sub section (2) of section 76 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No.208/1977 Customs

Issued by Ministry of Finance · Department of Revenue

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Executive Summary & Key Takeaways

## Policy Analysis Report: Amendment to Customs Act Notification No. 208/77-Customs **1. Executive Summary:** This report analyzes an amendment to Notification No. 208/77-Customs, dated October 1, 1977, under the Customs Act, 1962. The amendment, issued by the Ministry of Finance, Department of Revenue, modifies the list of locations specified in paragraph 2, clause (c) of the original notification. Specifically, it adds "Bhithamore and Barhni" to the list of places that already included "Gauriphanta and Dharchula". This change likely affects the movement of goods and customs procedures at these newly added locations. The primary objective of this report is to inform affected parties about this specific amendment and its potential implications. **2. Introduction:** This report aims to provide a clear and concise analysis of a recent amendment to an existing Customs notification. The analysis is based solely on the provided text of the amendment and its reference to the original notification. The purpose of this report is to inform affected parties, including importers, exporters, and customs officials, about the specific changes and their potential impact on customs procedures and trade activities. **3. Policy Overview:** * **Original Policy:** Notification No. 208/77-Customs, dated October 1, 1977, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection i, vide number G.S.R. 1318, dated the 1st October, 1977. * **Core Objective(s):** The original notification's objective can only be inferred indirectly through the amendment itself. Given that the amendment involves a list of locations, it can be inferred that the original notification likely deals with specifying locations relevant to customs activities, possibly for the purposes of import/export control, duty assessment, or other customs-related procedures. **4. Background and Rationale:** This report analyzes an amendment, therefore the focus here will be on the reason for this amendment. The inclusion of "Bhithamore and Barhni" in the list suggests a need to formally recognize these locations within the framework of the Customs Act. This may be due to increased trade activity, the establishment of new customs facilities, or a re-evaluation of border control measures at these locations. The amendment indicates that these locations now require the same regulatory considerations as Gauriphanta and Dharchula under the provisions of the original notification. **5. Key Provisions / Changes:** This section details the key changes introduced by the amendment. * **Specific Part of Original Policy Changed:** Paragraph 2, clause (c) of Notification No. 208/77-Customs. * **New Rule/Provision:** The amendment substitutes the existing words "Gauriphanta and Dharchula" with "Gauriphanta, Dharchula, Bhithamore and Barhni". This means that Bhithamore and Barhni are now explicitly included in the list of locations within the context of the original notification. * **Difference/Effect of Change:** The addition of these two locations likely brings them under the purview of any regulations, processes, or exemptions outlined in the original notification concerning the specified locations. This will directly affect customs procedures at Bhithamore and Barhni, potentially impacting importers, exporters, and transport operators using these locations. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by this amendment include: * Importers and exporters operating through Gauriphanta, Dharchula, Bhithamore and Barhni. * Customs officials stationed at Gauriphanta, Dharchula, Bhithamore and Barhni. * Transport companies involved in the movement of goods through these locations. * Businesses and individuals involved in trade and commerce activities in these regions. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Finance (Department of Revenue) is the responsible agency, as indicated by the notification. The Central Government is the ultimate authority. Customs officials at each of the listed locations are directly responsible for implementing the changes. * **Timelines or Procedures:** The notification is effective from the date of its issuance (December 12, 2022). No specific procedures are outlined in the amendment itself; these would likely be detailed in the original notification and any related operational guidelines issued by the Customs Department. * **(Amendment Specific):** Implementation will require customs officials at Bhithamore and Barhni to apply the regulations and procedures outlined in the original notification as they now apply to those locations. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this amendment is to ensure consistent and standardized customs procedures at Bhithamore and Barhni, bringing them in line with existing practices at Gauriphanta and Dharchula. This should lead to: * Increased regulatory oversight and control over trade activities at Bhithamore and Barhni. * Clarification of customs procedures for businesses operating through these locations. * Potentially increased efficiency in customs clearance processes at these locations, provided that adequate resources and infrastructure are in place. **9. Conclusion:** The amendment to Notification No. 208/77-Customs signifies the inclusion of Bhithamore and Barhni within the established framework of customs regulations. This update directly impacts trade and customs operations at these locations. Understanding the original notification is crucial for stakeholders, particularly those involved in trade and customs activities at these locations, to ensure compliance and efficient operations.

Key Entities Referenced

Ministry of Finance: A department of the Government of India. Department of Revenue: A department within the Ministry of Finance, Government of India. Customs Act, 1962: An act of the Indian Parliament related to customs regulations. It is referred to as 52 of 1962. Central Government: The executive authority of India. Gauriphanta: A location, likely a border crossing point. Dharchula: A location, likely a border crossing point. Bhithamore: A location, likely a border crossing point. Barhni: A location, likely a border crossing point. Hasan Ahmed: Under Secretary.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-13122022-241037 xxxGIDHxxx CG-DL-E-13122022-241037 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (i) PART II—Section 3—Sub-section (i) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 782] नई दिल्ली, मगं लिार, दिसम्ब र 13, 2022/अग्रहायण 22, 1944 No. 782] NEW DELHI, TUESDAY, DECEMBER 13, 2022/AGRAHAYANA 22, 1944 जित्त मत्रं ालय (रािस्ट्ि जिभाग) अजधसचू ना नई दिल्ली, 12 दिसम्बर, 2022 स.ं 106/2022-सीमा िल्ु क (ग.ैटे.) सा.का.जन. 876(अ).—सीमा िुल्क अजधजनयम, 1962 (1962 का 52) की धारा 76 की उप-धारा (2) के तहत प्रित्त िजियों का प्रयोग करते हुए, केंद्र सरकार, एतद्द्वारा, भारत सरकार, जित्त मंत्रालय (रािस्ट्ि जिभाग) संख्या 208/1977-सीमािुल्क, दिनांक 01 अक्टूबर, 1977, जिसे संख्या सा.का.जन. 1318, दिनांक 01 अक्टूबर, 1977 के तहत भारत के रािपत्र, असाधारण, के भाग II, खंड 3, उप-खंड (i), म ें प्रकाजित दकया गया था, म ें और आग े भी जनम्नजलजखत संिोधन करती ह,ै नामत:- उि अजधसूचना म,ें पैरा 2, उपिाक्य (ग) म ें “गौरीफंटा और धारचूला" िब्िों के स्ट्थान पर "गौरीफंटा, धारचलू ा, जभठ्ठामोड़ और बढ़नी” िब्िों को प्रजतस्ट्थाजपत दकया िाएगा । [फा. स.ं 609/26/2022-डीबीके] हसन अहमि, अिर सजचि नोट : प्रधान अजधसूचना स.ं 208/77-सीमा िुल्क, दिनांक 1 अक्टूबर, 1977 को संख्या सा.का.जन. 1318, दिनांदकत 1 अक्टूबर, 1977 के तहत भारत के रािपत्र, असाधारण, भाग II, खंड 3, उप-खंड (i) म ें प्रकाजित दकया गया था, और अंजतम बार अजधसूचना संख्या 01/2019-सीमा िल्ु क (ग.ै ट.े ), दिनांक 3 िनिरी, 2019, संख्या सा.का.जन. 4(अ) दिनांक 3 िनिरी, 2019 द्वारा संिोजधत दकया गया था। 8297 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 12th December, 2022 No. 106/2022-Customs (N.T.) G.S.R. 876(E).—In exercise of the powers conferred by sub-section (2) of section 76 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No.208/1977-Customs, dated the 1st October, 1977, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1318, dated the 1st October, 1977, namely:- In the said notification, in paragraph 2, in clause (c), for the words “Gauriphanta and Dharchula”, the words “Gauriphanta, Dharchula, Bhithamore and Barhni” shall be substituted. [F. No. 609/26/2022-DBK] HASAN AHMED, Under Secy. Note : The principal notification No.208/77-Customs, dated the 1st October, 1977, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 1318, dated the 1st October, 1977 and lastly amended vide Notification No.01/2019-Customs (N.T.), dated the 3rd January, 2019, vide number G.S.R. 4(E) dated the 3rd January, 2019. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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