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CMA Final · Indirect Tax Laws and Practice · Trade Facilitation Measures

An arrangement for customs information exchange was made by India with a foreign authority before the Finance Bill, 2018 received Presidential assent. Actions taken under it are treated under Section 151B(5) as:

Actions taken under pre-existing arrangements made before the Finance Bill, 2018 received assent are deemed to have been done or taken under Section 151B, so they are validated without needing re-notification.

  1. ADeemed to have been done or taken under the provisions of Section 151BCorrect
  2. BInvalid since no statutory power existed at that time
  3. CValid only if re-notified within one year
  4. DValid only for investigations and not for trade facilitation

Explanation

Section 151B(5) provides that anything done or action taken in pursuance of any agreement or arrangement made by the Central Government before the Finance Bill, 2018 received assent shall be deemed to have been done or taken under Section 151B. So it is not invalid and needs no re-notification.

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