TMI BlogImport and Export through PostX X X X Extracts X X X X X X X X Extracts X X X X ..... otor vehicles, alcoholic drinks and goods imported through courier are not covered under Heading 9804. 2.2 Goods imported or exported by post are governed by Sections 82, 83 and 84 of the Customs Act, 1962 whereas the procedure for clearance of goods through post is prescribed in Rules regarding Postal Parcels and Letter Packets from Foreign Ports In/Out of India of 1953. [Refer Notification No. 53-Cus, dated 17-6-1950] 2.3 In respect of import and exports through post, any label or declaration accompanying the packet or parcel containing details like description, quantity and value of the goods is treated as entry for import or export of the goods and no separate manifest for such goods is required to be filed. 2.4 The relevant date for rate of duty and tariff value, if any, applicable in respect of imports through post is the date on which the postal authorities present to the Proper Officer of Customs the list containing details of the goods for assessment. Thus, presentation of said list is equivalent to filing of Bill of Entry so far as assessment of goods imported by post is concerned. 2.5 If the post parcels come through a vessel and the said list presente ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se. The purpose of this stipulation is that the person receives the gift genuinely free and the payment is not made for it through some other means. The quantity and frequency of the gifts should not give rise to the belief that it is used as a route to transfer money. The gifts can be received by individuals, societies, institutions, like schools and colleges and even corporate bodies. 5.3 For calculating the value limit of ₹ 10,000/- in case of imports of gifts, postal charges or the airfreight is not taken into consideration. The value of ₹ 10,000/- is taken as the value of the goods in the country from where these were dispatched. 5.4 If the value of the gifts received is more than ₹ 10,000/-, the receiver has to pay Customs duty on the whole consignment, even if the goods were received free, unsolicited. In addition, at the discretion of the Assistant/ Deputy Commissioner, if the goods are restricted for import, the receiver has a liability for penalty for such import, even if the goods have been sent unsolicited. The restricted goods are also liable to confiscation and receiver has to pay redemption fine in lieu of confiscation in addition to duty and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice of RBI. 7.3 Parcels/packets containing foreign/Indian currency, etc., in excess of ₹ 5,000/- shall be detained and adjudicated on merits and released on the basis of No Objection Certificate from the RBI. [Refer Circular No.16/2002-Cus, dated 5-3-2002] 7.4 There is a general permission given to Authorised Dealers to import currency notes from their overseas branches/correspondents for meeting their normal banking requirements. In view of this, no specific clearance is required from RBI for such imports. [Refer Circular No.60/02-Cus, dated 13-9-2002 read with Annexure V to RBl's AD (MA Series) Circular No.11, dated 16-5-2000] 8. Procedure in case of postal imports: 8.1 Rules Regarding Postal Parcels and Letter Packets from Foreign Ports in/out of India prescribe procedure for landing and clearing at notified ports/airports/ LCSs of parcels and packets forwarded by foreign mails or passenger vessels or airliners. The procedure broadly is as under: (a) The boxes or bags containing the parcels shall be labelled as Postal Parcel , Parcel Post , Parcel Mail , Letter Mail and will be allowed to pass at specified the Foreign Parcel Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ach parcel. (g) The detained parcels are submitted together with the Parcel Bill to the Customs. After examining them and filling in details of contents of value in the Parcel Bills, Customs Appraiser notes down the rate and amount of duty against each item. The remark Examined is then entered against the entry in the Parcel Bill relating to each parcel examined by the Customs Appraiser and the Postmaster's copies will be returned by the Customs. (h) In the case of receipt of letter mail bags, the Postmaster gets the bags opened and scrutinized under the supervision of the Customs with a view to identify all packets containing dutiable articles. Such packets are to be detained and presented in due course to the Customs Appraiser with letter mail bill and assessment memos for assessment. After examining them and filling the details of contents of value in the bill, the Customs Appraiser will note the rate and amount of duty against each item. He will likewise fill in these details on the assessment memos to be forwarded along with each packet. (i) All parcels or packets required to be opened for Customs examination are opened, and after examination, closed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost. 9.4 Bonafide gifts of articles for personal use of a value not exceeding ₹ 25,000/- which are not subject to any prohibition or restriction on their export under FTP and which do not involve transfer of foreign exchange, may be exported through post. 9.5 Export by post of Indian and foreign currency, bank drafts, cheques, National Saving Certificates and such other negotiable instruments is not allowed unless accompanied by a valid permit issued by the RBI, except in cases where such negotiable instruments are issued by an authorised dealer in foreign exchange in India. 9.6 Indian currency notes of ₹ 500/- and ₹ 1000/- denominations are prohibited by Government of Nepal. Therefore, the Indian currency notes of ₹ 500/- and ₹ 1000/- denominations shall not be allowed for export to Nepal. 9.7 Prohibitions/restrictions under the FTP and the Customs Act, 1962 apply on the export of various articles by post. Some of these articles are viz. arms and ammunitions, explosives, inflammable material, intoxicants, obscene literature, certain crude and dangerous drugs, antiquities, narcotic drugs etc. 9.8 Export of purchases made by the foreign t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... levant date for filing of claim for the purpose of Section 75A of the Customs Act, 1962. 11.2 In case the claim is incomplete, a deficiency memo shall be issued within 15 days and if exporter complies within 30 days, an acknowledgement shall be issued. The date of issue of acknowledgement shall be taken as date of filing the claim for the purpose of Section 75A of the Customs Act, 1962. 11.3 Drawback on exports through post is sanctioned in the Foreign Post Office. 12. Drawback in respect of goods re-exported through post: 12.1 The goods imported on payment of duty may also be re-exported through post and applicable rate of Drawback under Section 74 of the Customs Act, 1962 claimed. The Drawback of the duty paid at the time of import is permissible subject to the fulfillment of the conditions of Section 74 of the Customs Act, 1962 and Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995. The Proper Officer of Customs at Foreign Post Office shall be satisfied about the identity of the goods being re-exported and if the same cannot be established, no Drawback would be payable. 12.2 The procedure to be followed for claim of Drawback on goods re-export ..... X X X X Extracts X X X X X X X X Extracts X X X X
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