Customs Section 49 Explained
Storage pending clearance
At a Glance
Section 49 - Storage pending clearance.
Allows temporary storage in a public warehouse pending clearance where goods cannot be cleared within a reasonable time, subject to permission and statutory time controls; such goods are not treated as warehoused goods merely by this storage.
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.
Allows temporary storage in a public warehouse pending clearance where goods cannot be cleared within a reasonable time, subject to permission and statutory time controls; such goods are not treated as warehoused goods merely by this storage. 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 49, 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 a reasoned permission, identify the storage location, track the statutory period/extension and distinguish section 49 storage from Chapter IX warehousing.
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
- Importer/exporter registration
- Customs declaration and supporting documents
- Assessment and examination records
- Duty payment or bond evidence
- Out-of-charge or Let Export Order
Common Errors
- Using vague commercial descriptions
- Leaving origin, licence or notification fields unsupported
- Treating portal acceptance as final legal entitlement
FAQs
Allows temporary storage in a public warehouse pending clearance where goods cannot be cleared within a reasonable time, subject to permission and statutory time controls; such goods are not treated as warehoused goods merely by this storage.
No. Use it as a practical explanation. The current official statute, Gazette instruments, delegated legislation and binding judgments control.
Use a reasoned permission, identify the storage location, track the statutory period/extension and distinguish section 49 storage from Chapter IX warehousing.
Official Sources
India Code - Customs Act, 1962
Source status: DIRECT STATUTE + PERMISSION REQUIRED. Check the exact official section record and amendment chain before quoting verbatim or applying the provision to a live matter.