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Customs Act, 1962

Customs Act Section 135: Evasion of duty/prohibitions

Reviewed by CA Nikhil Gupta · Last reviewed 30 August 2026

Customs Section 135 Explained

Evasion of duty/prohibitions

XVI - Offences and prosecutionsCURRENTCA Nikhil GuptaPublished 2026-06-08
Published analytical guide - official law remains controlling.

At a Glance

Section 135 - Evasion of duty/prohibitions.

For Section 135, Evidence, jurisdiction, safeguards and later proceedings must be documented.

Key professional control: For Section 135 — Evasion of duty/prohibitions, Evidence, jurisdiction, safeguards and later proceedings must be documented.

Finin2min Decode

Section 135 addresses “Evasion of duty/prohibitions”. Evidence, jurisdiction, safeguards and later proceedings must be documented.

Read Section 135 with the delegated law and instruments that govern restriction matters, including the version effective on the transaction date.

Decision question: Does the proposed treatment under Section 135 satisfy the provision-specific conditions for “Evasion of duty/prohibitions”, the connected instrument and the available evidence?

Practical Example

A product is commercially saleable but may be subject to a prohibition or notified-goods control under section 135. The working paper should identify the exact notification, goods description, territory, person, condition and effective period.

Professional Alert

For Section 135 — Evasion of duty/prohibitions, Evidence, jurisdiction, safeguards and later proceedings must be documented.

This page explains Section 135; it does not reproduce the official provision. Quote only the Customs Act and the exact Rule, Regulation, notification or judgment applicable to “Evasion of duty/prohibitions” for the relevant date.

Decision Steps

  1. Freeze the relevant date, customs station, goods, person and procedural route.
  2. Read the current section with definitions, explanations, provisos and cross-references.
  3. Map delegated legislation, notifications and allied DGFT or partner-agency requirements.
  4. Test jurisdiction, limitation, conditions, evidence and any burden-of-proof rule.
  5. Preserve the portal trail but verify the substantive legal entitlement separately.
  6. Record later amendments, judgments and local procedure before publication or transaction reliance.

Evidence Checklist

Common Errors

Related Sections

Finin2min Q&A

What does section 135 address?

Section 135 concerns “Evasion of duty/prohibitions”. Evidence, jurisdiction, safeguards and later proceedings must be documented.

What should be verified first for section 135?

For Section 135 — Evasion of duty/prohibitions, Evidence, jurisdiction, safeguards and later proceedings must be documented.

Can this page replace the official wording of section 135?

No. For Section 135 — Evasion of duty/prohibitions, use this guide to organise the analysis, then rely on the official Customs Act and the connected instrument or binding decision in force for the matter.

Official sources and scope

This page is an analytical or operational guide. The controlling wording, tariff item, notification conditions, portal version and judicial status must be checked in the official source applicable to the transaction date.

Source review date: 2026-07-28. Historical matters require the law and instrument version applicable to the relevant date.