what we do

We have specialization to provide advisory services on complex statutory Compliance and policy-related matters under areas of Logistics (Import & Export), Taxation (GST & Customs), Foreign Trade & Investment (DGFT), Food Safety (FSSAI), Weights & Measures (Legal Metrology), Wireless & Telecommunication Products (WPC) and Chartered Engineering services. Optimize your Supply chain as 4PL Company through our 3PL partners. Refund of duty/ credit/interest at Customs, GST and DGFT Appellate Service related to Customs, GST and Legal Metrology. Licenses and IEC from DGFT.

Wednesday, September 06, 2006

pl post me questions for further clarification,if you have doubt

what is bonafide gift
Only goods for which no money paid to the foreign supplier and received as gifts are only qualified as bonafide gifts. If you have paid any money to the foreign supplier than you have to pay the customs duty.

Each parcel is valued as one unit.
one should be careful that bonafide personal gifts upto Rs 10,000/- without any duty is per parcel. In other words, not for individual items of any parcel.

Further,if the goods are for personal use but valued more than Rs 10,000/- than you have to pay duty @17.34%.

commonly imported personal goods as gifts

consumer electronics goods

1) consumer electronics goods below CIF value Rs 2000/-:

cheaper variety cell phone,calculator,camera, dvd/video/cd player, MP3player ,etc, are cleared without paying any customs duty.

2) consumer electronics goods above CIF value Rs 2000/-

In addition to duty mentioned below, you have to pay fine and penalty.

Description of goods Total customs duty payable

Cell phone 4%

MP3 player 18.473%

calculator 21.40%

Digital camera 36.82%

DVD player 36.82%

laptop 17.07%

PDA 17.07%

Personal computer 17.07%

scanner 21.40%

printer 21.40%

All type of data storage 0%

devices

How fine and penalty is imposed

The duty , fine and penalty is collected on assessable value of the goods.The assessable value is equal to CIF price and landing charge.The landing charge is equal to 1% of the CIF value.

The quantum of fine and penalty are decided by the adjudication authority. Before imposing any fine and penalty a notice is served to you.Based on reply submitted by you, the adjudication authority in his own discretion,impose fine and penalty.

Normally fine is not more than the margin of profit on the goods. The margin of profit is determined based on landing cost(i.e. assessable value +duty) and price of the goods in indian market.However, if you feel that you are paying more duty, fine and penalty then you can appeal against the adjudication authority order.

If you have sufficient evidence that you have been charged more duty. You can make request to the assessing authority for re-assessment and excess duty paid can be refunded to you by the customs authority.

3)LIFE SAVING EQUIPMENTS:

Life saving medical instruments and appliance of electronics nature are not attracting any fine and penalty.As mentioned below,in some cases you have to pay duty.

a) Gluco meter,Stethoscope, hearing-aid and other electronic life saving equipments and appliance which are less than Rs 10,000/- per parcel and are bonafide gifts can be cleared without paying any customs duty.

b) If above mention goods are imported for commercial purpose than Hearing-aid is charged @17.34%, Gluco meter , Stethoscope and similar type medical goods are charged @27.078%.

4)Foodstuffs:

chocolates, biscuits,baby food , mineral supplements and other edibles upto value Rs10,000/- per parcel received as bona fide personal gifts are allowed without any payment of duty.In case of doubt about quality of goods,contamination ,or, as per law in force, the foodstuffs may be subjected to clearance from PHO office of Ministry of Agriculture.

5) cosmetics:

Cosmetic goods received as bonafide personal gifts are allowed upto Rs 10,000/- per parcel without payment of duty.However, certain cosmetics containing Dyes,colours and pigments quantity more than permissible,containing hexachlorophene,lead or arsenic and mercury are not allowed to be imported.(source: section 134,134-A135,135-A of Drugs And
Cosmetics Rules, 1945)

6)Women,girls,boys and men garments and Accessory:

Ladies,gents,boys and girls garments including undergarments made of textile fabric and.Leather goods received as bonafide personal gifts are allowed upto Rs 10,000/- per parcel without payment of duty.

8 comments:

Global Tax Guru said...

Yes , you can import show-piece of porcelain without any licence and after paying duty around @37%.

Arvind said...

Hello,
Please guide me on how much customs duty I have to pay on importing Sports Supplements which include Protein Powders, Creatine, Amino Acids, Multi Vitamin, etc.?
Does the 'gift worth less than Rs.10000' will be applied here also?
Is there any difference in import duties while importing for commercial or personal use?
Thanks

Arvind said...

Hello,
Please guide me on how much customs duty I have to pay on importing Sports Supplements which include Protein Powders, Creatine, Amino Acids, Multi Vitamin, etc.?
Does the 'gift worth less than Rs.10000' will be applied here also?
Is there any difference in import duties while importing for commercial or personal use?
Thanks

Arvind said...

I relation to my earlier query regarding importing sports supplements:
Where can I get the documents supporting these facts so that I can show them to the customs officer who are trying to get something from me under the table?

Global Tax Guru said...

Dear Arvind,
sorry for delay in replying.My latop has some technical problem.Now, i am replying from a cafe.
following suggestion are given:
1)Food supplement received as gift upto Rs 10,000/- is allowed as free gifts.But you have to prove this as gift.It means that you have not paid any money towards such food supplements.
2) Being food related items and may having pharmaceutical properties brings a new dimension to whole issue.
First being food,it should not be adulterated and containg additives and flavour which are restricted under Food Adlteration Act 1954 and related laws. The Port Health Officer has to give clearance whether food is fit for human consumption or not.

Secondly it should be in proper packing so shelf life of food is intact.The weight and measurement Act comes into play.

Thirdly if it has pharmaceutical value then it should be cleared by the Assistant drug controller.
Normally the Customs department gets clearance from the Assistant drugs controller.If goods are for commercial purpose than you have to make arrangement for such clearance.
if you are planning for commercial purpose than you have to register with Bureau of Indian Standard, ask your foreign supplier to paste sticker of MRP price .All above discussd clearance are mandatory.

DUTY TO BE PAID:
1)No duty for gifts of food Supplements But for commercial purpose it is charged.
2)Normally food stuff duty are charged duty @ 14.712% after budget.
3) food supplement of pharma grades are chaeged duty @34.13%.Some protein concentrate charged duty as high as 59.084%.
Pl keep in mind that citizen safety is prime concern for the government.Only food supplemetnt of good quality and fit for human consumption is allowed . Other wise the customs department after seizing spurios goods and informing you the same, may destroy the same as per PHO opinion.
It is better if go into root-cause of the problem rather than being pre-judice that customs official are intrested in under the table clerance.
pl write me if you face still problem.
regrds
ravindra kumar

Global Tax Guru said...

Dear Arvind,
A letter from your sender of goods and declaration on the parcel that these are gifts is sufficient to prove parcel as gift.
Also you can provide any proof that you have not paid any money to your sender.
Regarding duty applicability, you can go through my earlier post and questions.Any custom officer will be aware of the provision of law applicable to postal import.

Vas said...

Hi,
I would like to buy a stethoscope from ebay USA roughly between 150- 200 USD. How much would be the duty? can I get an exemption since it is for personal use?

Global Tax Guru said...

Dear Vas,
you have to pay duty@ 17.34% on the value of stethoscope .
with regards

google analytics

newAD

LinkShare  Referral  Prg
drugstore.com, inc.
Google
The Right Gift at the Right Price