FININ2MIN
Customs Act, 1962

Customs Section 46 Explained

Entry of goods on importation

VII - Import/export clearanceCurrentCA Nikhil GuptaPublished 2026-05-14

At a Glance

Section 46 - Entry of goods on importation.

Requires an importer to make the prescribed electronic bill of entry for home consumption or warehousing, within the applicable pre-arrival/arrival timeline, with a true declaration and supporting documents.

This chapter governs entry and clearance of imported and export goods, including Bills of Entry, Shipping Bills and release orders.

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 an importer to make the prescribed electronic bill of entry for home consumption or warehousing, within the applicable pre-arrival/arrival timeline, with a true declaration and supporting documents. 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 prepares a Bill of Entry using the supplier invoice, packing list, transport document, catalogue, origin proof and licence. The team retains the assessment trail and out-of-charge evidence because portal acceptance alone does not prove substantive eligibility.

For section 46, 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

Use the legally correct importer, IEC/GSTIN, customs station, bill type, supplier, invoice, classification, value, origin, licence and notification data. Record late-filing cause and charges.

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

  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

FAQs

What does Customs Act section 46 cover?

Requires an importer to make the prescribed electronic bill of entry for home consumption or warehousing, within the applicable pre-arrival/arrival timeline, with a true declaration and supporting documents.

Can this article replace the official law?

No. Use it as a practical explanation. The current official statute, Gazette instruments, delegated legislation and binding judgments control.

What should a professional verify first?

Use the legally correct importer, IEC/GSTIN, customs station, bill type, supplier, invoice, classification, value, origin, licence and notification data. Record late-filing cause and charges.

Official Sources

India Code - Customs Act, 1962

Source status: DIRECT STATUTE + BOE REGULATION REQUIRED. Check the exact official section record and amendment chain before quoting verbatim or applying the provision to a live matter.