CMA Final · Indirect Tax Laws and Practice · Trade Facilitation Measures
Under Section 151B of the Customs Act, 1962, information received from a contracting State under a reciprocal arrangement, subject to any notified conditions, exceptions or qualifications, may:
Such information may also be used as evidence in investigations and proceedings under the Customs Act. Section 151B(3) allows this, subject to the conditions or exceptions the Central Government specifies in its notification under sub-section (2).
- ABe used only for risk analysis and never as evidence
- BAlso be used as evidence in investigations and proceedings under the ActCorrect
- CBe used only after the contracting State enacts identical law
- DBe disclosed only to the importer concerned
Explanation
Section 151B(3), subject to sub-section (2), provides that information received under sub-section (1) may also be used as evidence in investigations and proceedings under the Act. It is not confined to risk analysis, so the first option is wrong.
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