Chapter VII - Clearance of imported and export goods
Section 47
Section 47: Clearance for home consumption
Section 47 controls the order that releases imported goods for home consumption. Customs must be satisfied that the goods are not prohibited and the assessed duty and applicable charges have been paid, subject to valid deferred-payment arrangements.
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This article is for general information. Refer to the Customs Act, 1962 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Where the proper officer is satisfied that any goods entered for home consumption are not prohibited goods and the importer has paid the import duty, if any, assessed thereon and any charges payable under this Act in respect of the same, the proper officer may make an order permitting clearance of the goods for home consumption: Provided that such order may also be made electronically through the customs automated system on the basis of risk evaluation through appropriate selection criteria: Provided further that the Central Government may, by notification in the Official Gazette, permit certain class of importers to make deferred payment of said duty or any charges in such manner as may be provided by rules.
(2) The importer shall pay the import duty— (a) on the date of presentation of the bill of entry in the case of self assessment; or (b) within one day (excluding holidays) from the date on which the bill of entry is returned to him by the proper officer for payment of duty in the case of assessment, reassessment or provisional assessment; or (c) in the case of deferred payment under the proviso to sub-section (1), from such due date as may be specified by rules made in this behalf, and if he fails to pay the duty within the time so specified, he shall pay interest on the duty not paid or short-paid till the date of its payment, at such rate, not less than ten per cent. but not exceeding thirty-six per cent. per annum, as may be fixed by the Central Government, by notification in the Official Gazette. Provided that the Central Government may, by notification in the Official Gazette, specify the class or classes of importers who shall pay such duty electronically: Provided also that where the bill of entry is returned for payment of duty before the commencement of the Customs (Amendment) Act, 1991 (55 of 1991) and the importer has not paid such duty before such commencement, the date of return of such bill of entry to him shall be deemed to be the date of such commencement for the purpose of this section: Provided also that if the Board is satisfied that it is necessary in the public interest so to do, it may, by order for reasons to be recorded, waive the whole or part of any interest payable under this section.
Key takeaways
Release order
The proper officer permits home-consumption clearance once statutory conditions are met.
Automated clearance
The Act permits electronic orders through the customs automated system on risk-based selection.
Payment timing
Duty-payment timing depends on self-assessment, officer assessment or a valid deferred-payment arrangement; late payment can attract notified interest.
Release order
The proper officer permits home-consumption clearance once statutory conditions are met.
Automated clearance
The Act permits electronic orders through the customs automated system on risk-based selection.
Payment timing
Duty-payment timing depends on self-assessment, officer assessment or a valid deferred-payment arrangement; late payment can attract notified interest.
Practical checklist
Do
- Confirm the bill of entry is for home consumption and that required permits are in place.
- Pay assessed duty and charges by the applicable statutory or deferred due date.
- Retain the clearance order and reconcile it with the import records.
Frequently asked questions
Is filing a bill of entry itself the clearance order?
No. Section 47 requires an order permitting release after the stated conditions are satisfied.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026