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Cus - Export of non-basmati rice - Notification 20/2023 insofar as it denies the benefit of the transitional arrangement as contained in para-1.05 of the FTP 2023, is bad in law: HCCus - Refund of SAD - 102/2007-Cus - Areca Nut and Supari are one and the same - Objections with regard to name, nature and status of importer or buyers or the end use of goods purchased by them etc. are extraneous: HCCX - Interest on Refund - Since wrong order annexed by petitioner in paper book, Bench is unable to proceed further - Petition is dismissed with liberty to file a fresh one: HCGST - No E-way bill - When petitioner imports machinery and after Customs clearance, transports same to his own factory, it cannot be said that such a transportation would fall within the definition of term 'supply' - Penalty imposable under second limb of s.129(1)(a): HCGST - Fix responsibility on officers who allowed BG to lapse - Petitioner not justified in not renewing BG - Cost of Rs.15 lacs imposed, to be paid to PM Cares Fund: HCGST - Since the parties agree that petition can be disposed of on the basis of records available before Appellate Authority, petitioner is directed to enclose all documents filed before Appellate Authority in a compilation, in form of a paper book: HCWrong RoadST - Whether any service is used for personal consumption or not is certainly question of fact and being question of fact, no substantial question of law arises: HCGovt proposes to amend Geographical Indication of Goods Rules; Draft issued for feedbackST - If what has been paid as tax is without authority of law, Revenue should refund the same - Denial of credit would result in the whole exercise being tax neutral: HCWarehousing Authority notifies several agri goods to be stored in only registered warehousesST - Even if the petitioner may have a case on merits, it is best left to be decided by the Appellate Authority under the hierarchy prescribed under the FA, 1994: HCUS FDA okays Eli Lilly Alzheimer’s drugGST - Petitioner challenges jurisdiction of assessing officer - Petitioner is entitled to file an appeal u/s 107 by availing an alternate efficacious remedy: HCFive from Telangana killed in car accident on Pune-Solapur HighwayGST - Existence of an alternative remedy is a material consideration but not a bar to the exercise of jurisdiction: HCHush money case against Donald Trump - Sentencing deferred to Sept 18GST - It is open to a trader to take goods by whichever route he opts, unless the law otherwise requires, destination point being intact: HCDeadly hurricane Beryl smashes properties in JamaicaGST - Conclusion that taxable person is providing a service to supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier is ex facie erroneous and contrary to the fundamental tenets of GST law: HCIsrael claims 900 militants killed in Rafah since May monthGST - Order expressly records that personal hearing notice was returned with endorsement 'no such person at address' - Since petitioner has shifted to a new premises, it is just and necessary to provide an opportunity to contest demand: HC116 die in stampede at UP ’Satsang’I-T- Application for revision of order dismissed in limine on grounds of delay; case remanded for re-consideration: HCWe are deepening economic ties with India, says US officialI-T- As per Section 119(2)(b), power to condone applications relate to claims for amount exceeding Rs 50 lakhs are to be considered by CBDT; however it is impermissible for CBDT to pass order on merits: HC8 Dutch engineers build world’s longest bicycle - 180 feet, 11 inchesI-T- Additions framed u/s 68 for unexplained income & u/s 69 for unexplained expenditure not tenable where complete transactional details are furnished & not doubted: HCRailways earns Rs 14798 Crore from Freight loading in June monthI-T- Delay in filing ITR is per se insufficient reason to estimate assessee's profit @15% on turnover, more so where audited financial report is filed in timely manner: ITATMoD inks MoU to set up testing facilities in Unmanned Aerial System in TN Defence Industrial CorridorI-T- For invoking section 69A, assessee should be found to be owner of any money, bullion, jewellery or other valuable article & which is not recorded in the books of account: ITATGovt proposes Guidelines for ethical approach to Coal MiningI-T- TDS credit can be allowed based on AIS, where details pertaining to TDS, advance tax & other payments are reflected in Form 26AS: ITATVaishnaw to inaugurate Global IndiaAI Summit 2024I-T- Lending money with the primary intention of earning interest can be considered a business activity, but nature and manner of lending, as well as the frequency, should be taken into account: ITAT
 
Adopting Blockchain technology in the Customs Ecosystem

SEPTEMBER 24, 2018

By Neeladri Chakrabarti, Domain & Technical Lead, TCS Limited

Blockchain technology - which works basis a distributed ledger ecosystem - is slowly gaining the ability to be a transparent, tamper proof, working environment worldwide. Leveraging the potential to access and reliably process real time information for all stakeholders, blockchain technology (blockchain) is slowly becoming the go-to for a variety of business processes.

In the world of Customs and its inherent revenue / document controls, where each stakeholder and the government are co-existent on each other and minutely dependent on the provision of mutually verifiable data, blockchain finds itself an ideal sandbox to develop and gain the confidence of both taxpayers and tax authorities. The potential for adopting blockchain into the tax system, especially in a Customs ecosystem, where the symbiotic provision of verifiable information couples with the working processes of revenue collection and seamless movements, is huge. Blockchain in Customs ticks the concepts of transparency and responsible data ownership and could immensely be a game changer to reduce administrative burden and collect tax at a potentially lower cost, while helping narrow down tax gaps and fraud.

Recognizing this global potential, The World Customs Organization (WCO) has initiated various pilot projects in collaboration with border agencies, important stakeholders, technology companies, and businesses with a view to understand compliance upgrades, trade facilitation, fraud detection, and the extent to which the future of Customs can be molded with the use of block chain based applications. It is now possible to say, with a certain degree of confidence, that a greater transparency could be achieved, movement of goods be tied securely to flow of revenue, and the inherent capabilities of Customs and Border protection enhanced by the introduction of blockchain technology.

The potential benefit of blockchain to enhance value is well documented. Blockchain has the capability to establish trust in an ecosystem, by leveraging its inherent security distributed ledger of transactions in a network. This is vital in the world of Customs, where a blockchain could enhance transparency (ownership of cargo, traceability of stakeholder); Security (digital ledgers are tamper proof as data entered cannot be changed); Process information faster in real time (data in ledgers are updated for all stakeholders instantly, reducing dwell time) and provide a layer of enhanced control to authorities, as information is restricted to identified users only.

'Smart contracts' is another term commonly used to characterize blockchain technology. This is a computer protocol that aims the secured and facilitated performance of contracts without the involvement of third parties and thus reduces transaction costs associated with general contracting. In businesses, smart contracts operate on the principle of automatically executing contracts, providing finite items of goods only after it has received identified data of choice (number) and value (cash or credit). Smart contracts function as a self-performing computer program used to facilitate the exchange of financial means or assets with properties of certain value, once key conditions are triggered. This is a game changer where cargo movement is mainly dependent on financial terms, LC(s), transfer pricing, insurance and certificates, payment of duties and location of goods. If this entire system is somewhat automated and updated in real time for all stakeholders, it has the potential to revolutionize trade and clearances, as we know it today.

While the advantages range from cost saving, reduction of dwell time, security leveraged encryptions and revenue stability by plugging tax leakage, there are concerns about blockchain. The disadvantages range from comprising privacy (smart contracts have to be personally digitally signed and identified); the relationship of the system of trust versus performance (more nodes in a blockchain build more reliability, but each transaction uses more processing power and leads to increase in performance time); and the ever present fear of a 51% attack (if more than half of the computers working as nodes to serve the network tell a lie, the lie will become the truth). In a unified chain working as a single ecosystem, if a majority of the network's computing power become compromised, this will prevent the network identifying and rejecting fraudulent transactions. However, each new system comes with its inherent flaws and possibilities improve once they are operational.

On an operational level, the World Customs Organization (WCO), along with Maersk and IBM in January 2018, to collaborate and maximise the potential of blockchain in order to digitize global trade, has launched a significant pilot project. The expectation is that blockchain will enable regulatory authorities to closely monitor the flow of goods, carry out risk assessment and regulatory processing in a more efficient manner. The companies are jointly developing a platform leveraging cloud-based technology, the Internet of things (IoT), AI and data analytics to allow the tracking of traded goods across borders. Two core capabilities of this platform ensure end-to-end supply chain visibility and 'paperless trade' - with the digitization and automated filing of all trade paperwork. Singapore, Hong Kong, and Australian Customs are developing other use-cases today to test further possibilities.

To conclude, blockchain is a possible enabler to ensure a more data-driven Customs with 360-degree visibility. Information on any shipment can be part of a block with a transparent chain of custody and be accessible to suppliers, transporters, buyers, regulators and auditors. The regulator would be able to see accurate data (seller, buyer, price, quantity, duty, carrier, finance, insurance etc.) that bind the goods and further keep track of the location and status of such goods in real time. Such a complete visibility, if built into the sphere of regulatory oversight, would ensure a better-informed Customs function in terms of day-to-day operations, improving the capabilities of risk assessment and targeting. Customs functions will also be embedded within the trade process and in enhancing the connectivity of supply chains by leveraging distributed ledgers authorities would also be able to have a clearer picture of international trade, particularly in terms of the movement of cargoes and consignments tied with the flow of capital. This would address an ongoing challenge for tax authorities, where access is granted to the full spectrum of information from business and their relevance to tax. Blockchain addresses this problem as it allows reliable information to be captured from all perspectives, verified by all stakeholders. This may simplify collection, combat oversight, save time and mitigate financial fraud bringing better stability to the ecosystem.

(The views expressed are strictly personal)

(DISCLAIMER : The views expressed are strictly of the author and Taxindiaonline.com doesn't necessarily subscribe to the same. Taxindiaonline.com Pvt. Ltd. is not responsible or liable for any loss or damage caused to anyone due to any interpretation, error, omission in the articles being hosted on the site)

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