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Wednesday, November 07, 2007

Receiving gifts of paintings,sculptures and statutary,antiques,used stamps

There is no restriction on importing paintings,sculptures and statutary,used stamps either as gifts or for commercial purpose.

You can import these items without any value limit by paying 14.712% as customs duty for commercial purpose and personal use.Of course bona fide gifts upto Rs 10,000/- is without any duty.

However,antiques are restircted as per Foreign Trade(Exemption from Application of Rules in certain cases) order 1993 and customs Notification 157/90 dated 28.03.90.

But antiquarian books are free to be imported and without any duty.Normally books of an age more than 100 years are considerd antique.

2 comments:

finsult said...

Its still not clear. First you mention that there is no restriction on importing paintings, and then you say that you can import these items by 14.712% customs duty, if the value is more than Rs.10000.

If I have received a painting as a personal gift, how do I evaluate its value? The customs official in Bangalore is insisting on paying 14.712% duty on Rs.10,000. I have received this painting from a friend who has painted it herself, so on what basis do I evalute its value?

Thanks
-Ankit

Global Tax Guru said...

Dear Ankit,
If you have gone through my previous post then you would have understood.For sake of clarity,again i am clarifying you.
The first step in any import is whether you can import a perticular goods or not.At this stage goods may be confiscated and not released ,put fine and penalty in addition to duty or release after charging duty.In customs parlance nil is also called duty rate.There is no word like ``free`` which means zero duty.

The free means that you can import without any licence,or any fine and penalty.

The second stage is how much duty you have to pay.Final stage,the goods are cleared after collection of duty,if any.Now come to your doubts.

The painting are freely importable.it means that you donot require any licence to import.No fine and penalty is attracted.You have cleared first stage.

At the second stage, you have to know whether you have to pay any duty on painting?
If you are receiving gifts of value upto Rs 10,000/-,then there is nil rate of duty.Once you cross value limit of Rs 10,000/- then you have to duty as written in blog.

Regarding value of your painting,which is very subjective.Now many paintings are traded for INVESTMENT purpose.It is not easy to decide value of any painting except by an expert.In your case ,it is personal gift and for personal use,you may approach and request Customs authority with the convincing proof that these paintings are not of any commercial value but only emotional value.
I hope i have cleared all your doubts.
Best wishes for clearance.
regards
ravindra

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