After Delhi High Court Nudge, Customs Dept Finalises Amendments To Baggage Rules, Seeks Time For Infrastructure Upgrade

A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta were further informed that the Department is awaiting upgradation of IT infrastructure, for effective implementation of the new rules.

“Issuance of amended Baggage Rule without proper regulation and IT Infrastructure will again give rise to litigation thus defeating the very purpose of the whole exercise. In view of the above, time of two months is required for refinement and proper implementation of the Baggage Rules, Regulations and relevant concerned Circular along with effective IT Infrastructure,” the Department said in an affidavit filed by the Additional Commissioner of Customs.

The development comes in response to the case of Qamar Jahan, whose two gold kadas and one gold chain were detained by the Customs.

The Court had therein urged the Central government as well as the Customs department to review the Baggage Rules, 2016 which regulate the amount of gold or gold jewellery that can be carried by a person travelling to India by air, among other issues.

Thereafter, in July, the Court was informed that amendments to the Baggage Rules are under consideration and the proposals being discussed include: (i) change in the market value of the gold and alignment of the cap relating to jewellery in the Baggage Rules, bearing in mind the current tariffs, (ii) permission to re-import the used jewellery and personal effects of travellers, (iii) temporary import of jewellery worn by tourists who would be travelling back from India with the permission to re-export, (iv) baggage allowances for gift, souvenirs and personal effects, etc.

In the latest affidavit dated September 08, the Central Board of Direct Taxes and Customs (CBIC) submitted that draft Baggage Rules are ready and for its effective implementation, draft of Baggage Regulation and relevant Circular have also been formulated. This is however subject to development of IT Infrastructure, which is in “active progress”.

The Court has also been informed about the newly developed “Atithi” app and website, which will enable passengers to make advance declaration of any jewellery which they may be carrying while travelling abroad or coming to India. It will also enable payment of customs duties after declaring the goods being brought into India.

On perusing the affidavit, the Court has expressed satisfaction with the definition of 'personal effect' under proposed Rule 2 (vii), stating that it appears to be in-line with the judicial decisions.

However, it has expressed some concerns in respect of the definition of the 'jewellery' in proposed Rule 2(viii) as also the monetary cap under proposed Rule 5.

“These two aspects may be reconsidered by the CBIC,” the Court ordered.

It has also asked the authority to place the final draft on its record.

The matter is next listed on 19th November.

Appearance: Mr Ashish Panday, Mr. Priyanshu Upadhyay, Mr, Ajay Singh, Mr. Akshat Raghuvanshi, Advs. for Petitioner; Mr N. Venkataraman ASG with Mr. Shubham Tyagi (SSB, CBIC), Ms. Navruti Ojha, Mr. Rishabh Chauhan, & Mr. Harish Saini,Advs. along with Mr. Dharam Veer, AC, IGI & Munesh Kumar Meena, AC, Board. Mr. Harpreet Singh, SSC with Mr. Jai Ahuja, Mr. Sanidhya Sharma, Mr. Akshay Saxena & Ms. Shivali Saxena, Advs. Mr. Jagdish Chandra, CGSC, UOI, Mr. Shubham Kumar Mishra, Mr. Sujeet, Advs. for Respondents

Case title: Qamar Jahan v. Union of India

Case no.: W.P.(C) 198/2025

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