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GENERAL PROVISIONS REGARDING IMPORTS AND EXPORTS

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..... roup or sub-group at 2/4/6/8 digits. (b) ITC (HS) is aligned at 6 digit level with international Harmonized System goods nomenclature maintained by World Customs Organization (http://www.wcoomd.org). However, India maintains national Harmonized System of goods at 8 digit level which may be viewed by clicking on Downloads at http://dgft.gov.in (c) The import/export policies for all goods are indicated against each item in ITC (HS).Schedule 1 of ITC (HS) lays down the Import Policy regime while Schedule 2 of ITC (HS) details the Export Policy regime. (d) Except where it is clearly specified, Schedule 1 of ITC (HS), Import Policy is for new goods and not for the Second Hand goods. For Second Hand goods, the Import Policy regime is given in Para 2.31 in this FTP. 2.03 Compliance of Imports with Domestic Laws (a) Domestic Laws/ Rules/ Orders/ Regulations/ technical specifications/ environmental/safety and health norms applicable to domestically produced goods shall apply, mutatis mutandis, to imports, unless specifically exempted. (b) However, Goods to be utilized/ consumed in manufacture of export products, as notified by DGFT, may be exempted from domestic standa .....

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..... : 1. Bill of Lading/ Airway Bill/ Lorry Receipt/ Railway Receipt/Postal Receipt 2. Commercial Invoice cum Packing List* 3. Shipping Bill/Bill of Export/ Postal Bill of Export (b) Mandatory documents required for import of goods into India 1. Bill of Lading/Airway Bill/Lorry Receipt/ Railway Receipt/Postal Receipt in form CN-22 or CN 23 as the case may be. 2. Commercial Invoice cum Packing List* 3. Bill of Entry [Note: *(i) As per CBEC Circulars issued under the Customs Act, 1962 (ii) Separate Commercial Invoice and Packing List would also be accepted.] (c) For export or import of specific goods or category of goods, which are subject to any restrictions/policy conditions or require NOC or product specific compliances under any statute, the regulatory authority concerned may notify additional documents for purposes of export or import. (d) In specific cases of export or import, the regulatory authority concerned may electronically or in writing seek additional documents or information, as deemed necessary to ensure legal compliance. (e) The above stipulations are effective from 1st April, 2015. 14 [2.07 Principles of Restrictions and Prohibit .....

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..... Notice issued in this regard. 2.09 Export of SCOMET Items Export of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET), as indicated in Appendix-3 of Schedule 2 of ITC(HS) Classification of Export Import Items, shall be governed by the specific provisions of (i) Chapter IV A of the FT(D R) Act, 1992 as amended from time to time (ii) Sl. No. 4 5 of Table A and Appendix-3 of Schedule 2 of ITC(HS) Classification of Export Import Items (iii) Para 2.16, Para 2.17, Para 2.18 of FTP and (iv) Para 2.73 -2.82 of Hand Book of Procedures, in addition to the other provisions of FTP and Handbook of Procedures governing export Authorisations. 2.10 Actual User Condition Goods which are importable freely without any Restriction may be imported by any person. However, if such imports require an Authorisation, actual user alone may import such good(s) unless actual user condition is specifically dispensed with by DGFT. 2.11 Terms and Conditions of an Authorisation Every Authorisation shall, inter alia, include either all or some of the following terms and conditions (as applicable in terms of the para under which the Authorisation has be .....

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..... FTDR Act, 1992 and Rules therein in addition to penal action under any other Act/Order. c) A firm may be placed under Denied Entity List (DEL), by the concerned RA, under the provision of Rule 7 of Foreign Trade (Regulation) Rules, 1993. On issuance of such an order, for reasons to be recorded in writing, a firm may be refused grant or renewal of a license, certificate, scrip or any instrument bestowing financial or fiscal benefits. If a firm is placed under DEL all new licences, scrips, certificates, instruments etc will be blocked from printing/ issue/renewal. d) DEL orders may be placed in abeyance, for reasons to be recorded in writing by the concerned RA. DEL order can be placed in abeyance, for a period not more than 60 days at a time. e) A firm s name can be removed from DEL, by the concerned RA for reasons to be recorded in writing, if the firm completes Export Obligation/ pays penalty/ fulfils requirement of Demand Notice(s) issued by the RA/submits documents required by the RA. 7 [ 2.15 A Any firm / company coming under the adjudication proceedings before the National Company Law Tribunal (NCLT) shall inform the concerned Regional Authority (RA) and NCLT .....

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..... International Atomic Energy Agency (IAEA) documents, namely, 1. S/2006/853*; 2. S/2006/853/Corr.1; 3. Part B of S/2009/364; 4. Annex III of Resolution 2094 (2013); 5. S/2016/1069; 6. Annex A to INFCIRC/254/Rev.12/Part1 (IAEA document); 7. Annex to INFCIRC/254/Rev.9/Part2 (IAEA document); 8. S/2014/253; 9. S/2016/308; 10. Annex III of Resolution 2321 (2016); and 11. other items, materials, equipment, goods and technology, as determined by the Central Government, which could contribute to DPRK's nuclear related, ballistic missile-related or other weapons of mass destruction related programmes; (iv) luxury goods, including, but not limited to, the items specified in Annex IV of Resolution 2094 (2013), Annex IV of Resolution 2270 (2016) and Annex IV of Resolution 2321 (2016); (v) items as determined by the Central Government, except food or medicine, that could directly contribute to the development of the Democratic People's Republic of Korea's operational capabilities of its armed forces. This measure is subject to the exemptions set out in paragraph 8 (a) and (b) of Resolutio .....

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..... cts). This measure is subject to the exemptions and procedures set out in paragraph 16 of Resolution 2375 (2017); (viii) food and agricultural products [Chapters 12, 08, 07 of ITC (HS)], machinery [Chapter 84 of ITC (HS)], electrical equipment [Chapter 85 of ITC (HS)], earth and stone including magnesite and magnesia [Chapter 25 of wood [Chapter 44 of ITC (HS)], and vessels [Chapter 89 of ITC (HS)]. These measures are subject to the procedures set out in paragraph 6 of Resolution 2397(2017). Explanation.- a) UNSC means the United Nations Security Council; b) IAEA means the International Atomic Energy Agency; c) Committee means the Committee of the UNSC set up in terms of paragraph 12 of Resolution 1718 (2006); d) Resolution, as the case may be, means the UNSC Resolutions under Chapter VII of the Charter of the United Nations on Democratic People's Republic of Korea, namely, 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2231 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and 2397(2017)] 2.18 Direct or Indirect Export/Import to/from Iran (a) Direct or indirect export to Iran or import from Iran o .....

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..... ing countries. 2.22 Transit Facility Transit of goods through India from/ or to countries adjacent to India shall be regulated in accordance with bilateral treaties between India and those countries and will be subject to such restrictions as may be specified by DGFT in accordance with International Conventions. 2.23 Trade with Russia under Debt-Repayment Agreement In case of trade with Russia under Debt Repayment Agreement, DGFT may issue instructions or frame schemes as may be required, and anything contained in FTP, in so far as it is inconsistent with such instructions or schemes, shall not apply. Import of Specific Categories of Goods: 2.24 Import of Samples Import of samples shall be governed by Para 2.65 of Handbook of Procedures. 2.25 Import of Gifts 11 [ Import of goods, including those purchased from e-commerce portals, through post or courier, where Customs clearance is sought as gifts, is prohibited except for life saving drugs / medicines/ oxygen concentrators and Rakhi (but not gifts related to Rakhi). The exemption for oxygen concentrators is allowed only for a period till 31 July 2021 for personal use. Explanation: .....

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..... onditions, if any Second Hand Capital Goods 6 [ (a) i. Desktop Computers ii. refurbished/ re-conditioned spares of re-furbished parts of Personal Computers/ Laptops iii. Air Conditioners iv. Diesel generating sets Restricted Importable against Authorisation (b) All electronics and IT Goods notified under the Electronics and IT Goods (Requirement of Compulsory Registration) Order, 2012 as amended from time to time. Restricted (i) Importable against Authorization subject to conditions laid down under Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012, as amended from time to time. (ii) Import of unregistered / non-compliant notified products as in CRO, 2012, as amended from time to time is prohibited. ] (c) All other second hand capital goods {other than (a) (b) above} Free II Second Hand Good .....

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..... be set up in DTA as per rules, regulations and notifications issued under the Customs Act, 1962. Any person may import goods except prohibited items, arms and ammunition, hazardous waste and chemicals and warehouse them in such bonded warehouses. (b) Such goods may be cleared for home consumption in accordance with provisions of FTP and against Authorisation, wherever required. Customs duty as applicable shall be paid at the time of clearance of such goods. (c) The clearance of the warehoused goods shall be as per the provisions of the Customs Act, 1962. 2.37 Special provision for Hides Skins and semi-finished goods Hides, Skins and semi-finished leather may be imported in the Public/ Private Bonded warehouse for the purpose of DTA sale and the unsold items thereof can be re-exported from such bonded warehouses on payment of the applicable rate of export duty. 2.38 Sale on High Seas Sale of goods on high seas for import into India may be made subject to FTP or any other law in force. Exports: 2.39 Free Exports All goods may be exported without any restriction except to the extent that such exports are regulated by ITC (HS) or any other provision o .....

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..... the restricted for import or export in ITC (HS). (b) Goods, including capital goods (both new and second hand), may be imported for export provided: i. Importer clears goods under Customs Bond; ii. Goods are freely exportable, i.e., are not Restricted / Prohibited / subject to exclusive trading through State Trading Enterprises or any conditionality/ requirement as may be required under Schedule 2 Export Policy of the ITC (HS); 16 [ iii. Export is against freely convertible currency or as per 2.52(d)(ii) of FTP. ] (c) Goods in (b) above will include Restricted goods for import (except Prohibited items). (d) Capital goods, which are freely importable and freely exportable, may be imported for export on execution of LUT/BG with Customs Authority. (e) Notwithstanding the above, goods which are freely importable may be re-exported except items as in the Prohibited or SCOMET List of exports, in same or substantially same form even though such goods are under restricted list for export, subject to the following conditions: (i) Goods are not of Indian Origin; (ii) Goods imported shall be kept in bonded warehouse under supervision of Customs; .....

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..... e imported for repair and subsequent re-export. Such goods shall be allowed clearance without an Authorisation and in accordance with customs notification. To that extent the exporter shall return the benefits /incentive availed on the returned goods. If the item is restricted for import, the exporter shall require an import license. However, re-export of such defective parts/spares by the Companies/firms and Original Equipment Manufacturers shall not be mandatory if they are imported exclusively for undertaking root cause analysis, testing and evaluation purpose. 2.50 Export of Spares Warranty spares (whether indigenous or imported) of plant, equipment, machinery, automobiles or any other goods [except those restricted under ITC (HS)] may be exported along with main equipment or subsequently but within contracted warranty period of such goods, subject to approval of RBI. 2.50A Re-export of imported Goods found defective and unsuitable for use: Imported goods found defective after Customs clearance, or not found as per specifications or requirements may be re-exported back as per Customs Act, 1962. 2.51 Private Bonded Warehouses for Exports (a) Private bond .....

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..... nvoices for the supply of goods or services from the overseas seller /supplier. (ii) Indian exporters, undertaking exports of goods and services through this mechanism, shall be paid the export proceeds in INR from the balances in the designated Special Vostro account of the correspondent bank of the partner country. ] 18 [ 2.53 Applicability of FTP Schemes for Export Realisations in Indian Rupees (i) Export proceeds realized in Indian Rupees against exports to Iran are permitted to avail exports benefits/fulfilment of Export Obligations under the Foreign Trade Policy (2015-20), at par with export proceeds realized in freely convertible currency, subject to compliance of para 2.18 of the FTP. (ii) Export proceeds realized in Indian Rupees as per para 2.52 (d)(ii) arc permitted to avail exports benefits/fulfilment of Export Obligations under the Foreign Trade Policy (2015-20). ] 2.54 Non-Realisation of Export Proceeds (a) If an exporter fails to realize export proceeds within time specified by RBI, he shall, without prejudice to any liability or penalty under any law in force, be liable to return all benefits / incentives availed against such expo .....

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..... MC to its members are detailed in Para 2.92 of the Handbook of Procedures. 2.56 Registration- cum -Membership Certificate (RCMC) Any person, applying for: (a) An Authorisation to import/export (except items) listed as Restricted items in ITC (HS) Or (b) Any other benefit or concession under FTP shall be required to furnish or upload on DGFT s website in the Importer Exporter Profile, the RCMC granted by competent authority in accordance with Procedures specified in Handbook of Procedures unless specifically exempted under FTP. Certificate of Registration as Exporter of Spices (CRES) issued by Spices Board and Certificate of Registration as Exporter of coir coir products issued by the Coir Board shall be treated as Registration-Cum-Membership Certificate (RCMC) for the purposes under this Policy. Policy Interpretation and Relaxations: 2.57 Interpretation of Policy (a) The decision of DGFT shall be final and binding on all matters relating to interpretation of Policy, or provision in Handbook of Procedures, Appendices and Aayat Niryat Forms or classification of any item for import / export in the ITC (HS). (b) A Policy Interpretation Committee ( .....

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..... d from time to time. 2.60 Regularization of EO default and settlement of Customs duty and interest through Settlement Commission With a view to providing assistance to firms who have defaulted under FTP for reasons beyond their control as also facilitating merger, acquisition and rehabilitation of sick units, it has been decided to empower Settlement Commission in Department of Revenue to decide such cases also with effect from 01.04.2005. Self Certification of Originating Goods: 2.61 Approved Exporter Scheme for Self Certification of Certificate of Origin. (i) Currently, Certificates of Origin under various Preferential Trade Agreements [PTA], Free Trade Agreements [FTAs], Comprehensive Economic Cooperation Agreements [CECA] and Comprehensive Economic Partnerships Agreements [CEPA] are issued by designated agencies as per Appendix 2B of Appendices and Aayat and Niryat Forms. A new optional system of self certification is being introduced with a view to reducing transaction cost. (ii) The Manufacturers who are also Status Holders shall be eligible for Approved Exporter Scheme. Approved Exporters will be entitled to selfcertify their manufactured goods as ori .....

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..... ority, applicant is informed through e-mail that a computer generated e-IEC is available on the DGFT website. By clicking on Application Status after having filled and submitted the requisite details in Online IEC Application webpage, applicant can view and print his e-IEC. (c) The applicant may submit online application with the following details /documents (scanned copies to be submitted/ uploaded) along with the IEC application: (i) Digital photograph of the signatory applicant; (ii) Copy of the PAN card of the business entity in whose name Import/Export would be done (Applicant individual in case of Proprietorship firms); (iii) Cancelled cheque bearing entity s pre-printed name or Bank certificate in prescribed format ANF-2A(I) (d) For modification in IEC, applicants may submit online application through digital signature (Class-II or Class-III), by paying applicable fees and uploading requisite documents, corresponding to the changes sought. (e) Detailed guidelines for applying for e-IEC is available at http://dgft.gov.in/exim/2000/iec_anf/iecanf.htm (II) No Export/Import without IEC : (i) No export or import shall be made by any person without .....

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..... 4-2021 before it was read as 8 [ Import of goods, including those purchased from e-commerce portals, through post or courier, where Customs clearance is sought as gifts, is prohibited except for life saving drugs / medicines and Rakhi (but not gifts related to Rakhi). Explanation: 1. Rakhi (but not gifts related to Rakhi) will be covered under Section 25(6) of Customs Act, 1962 that reads .no duty shall be collected if the amount of duty leviable is equal to or less than ₹ 100/. 2. Import of goods as gifts with payment of full applicable duties is allowed ] 12. Substituted vide NOTIFICATION No. 11/2015-2020 dated 01-07-2021 before it was read as An IEC holder has to ensure that details in its IEC is updated electronically every year, during April-June period. In cases where there are no changes in IEC details same also needs to be confirmed online. 13. Substituted vide Notification No. 16/2015-2020 dated 09-08-2021 before it was read as 12 [ An IEC holder has to ensure that details in its IEC is updated electronically every year, during April-June period. However, for the current year only, this period is extended by another mo .....

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