Customs Section 28B Explained
Duty amounts collected from buyer
At a Glance
Section 28B - Duty amounts collected from buyer.
Requires amounts collected as representing customs duty to be paid to the Central Government, even where not otherwise payable, subject to adjustment/refund framework.
This chapter is the operational heart of customs duty: charge, valuation, rate date, exemptions, refunds, demand, interest and related protections.
Finin2min Decode
In practical terms, this section should be used as a legal control point rather than as a stand-alone sentence. Start by identifying the goods, person, location, transaction, procedure and relevant date. Then link the section to the applicable rules, regulations, notifications, circulars, portal instructions and evidence.
Requires amounts collected as representing customs duty to be paid to the Central Government, even where not otherwise payable, subject to adjustment/refund framework. The decisive question is whether the exact statutory conditions are met on the facts. A commercial description, internal approval or successful portal filing cannot substitute for the legal test.
Practical Example
An importer files a Bill of Entry for machinery. The team separately freezes classification, assessable value, exchange rate, rate date, exemption entry, origin preference and each duty component. A change to any one layer can alter the final liability.
For section 28B, the working paper should record why the provision applies, which facts satisfy each element, what evidence supports the position and which further source must be checked before filing, payment, release, enforcement response or appeal.
Professional Alert
Reconcile invoice duty representations, collections, statutory liability, deposit and buyer-level incidence.
The current official Gazette and India Code text prevail. Where a notification, rule, regulation, order, circular, public notice or portal advisory is relevant, use the version legally effective on the transaction date and preserve its amendment or supersession chain.
Decision Steps
- Freeze the relevant date, customs station, goods, person and procedural route.
- Read the current section with definitions, explanations, provisos and cross-references.
- Map delegated legislation, notifications and allied DGFT or partner-agency requirements.
- Test jurisdiction, limitation, conditions, evidence and any burden-of-proof rule.
- Preserve the portal trail but verify the substantive legal entitlement separately.
- Record later amendments, judgments and local procedure before publication or transaction reliance.
Evidence Checklist
- Bill of Entry or Shipping Bill
- Invoice, packing list and transport document
- Classification and valuation memo
- Notification and condition evidence
- Assessment, payment and release trail
Common Errors
- Combining tariff rate and effective rate
- Applying the wrong rate date or exchange rate
- Claiming an exemption without satisfying documentary conditions
FAQs
Requires amounts collected as representing customs duty to be paid to the Central Government, even where not otherwise payable, subject to adjustment/refund framework.
No. Use it as a practical explanation. The current official statute, Gazette instruments, delegated legislation and binding judgments control.
Reconcile invoice duty representations, collections, statutory liability, deposit and buyer-level incidence.
Official Sources
India Code - Customs Act, 1962
Source status: DIRECT STATUTE RECORD REQUIRED. Check the exact official section record and amendment chain before quoting verbatim or applying the provision to a live matter.