Ask me questions on Economic Times Of India , i am appearing as Expert on Customs matter in Taxation section of Q/A.

Ravindra Kumar
Customs

Ravindra Kumar is a graduate from IIT-D with a PG Diploma in Supply Chain and Logistics from LIBA Chennai. He has worked in BHEL for 5 years and spent more than 15 yrs in the Customs Department. Currently he runs a blog and e-taxation portal along with his practice as an Indirect Tax Consultant in the area of Customs, Excise and Service Tax.

As our expert here Ravindra will take queries related to Indirect Taxes (Customs and Excise) specially as they pertain to individuals and corporates when they import/export goods using Post office, Couriers or via Air and Sea ports for personal or commercial use.

Duty on ipad4, tablet pc, and laptop is now 16.854%

Duty on ipad2,ipad4, tablet pc, and laptop is now  16.854%.

Customs duty on ipad is 14.71%

No change in Customs duty for ipad. It is still 14.71%. This is also same for laptop ,netbook, notebook ,tablet PC, and  personal computer (PC).

Customs duty on Flash memory is 9.52%

Now  import duty on flash memory  as media are : Basic customs duty 0 %,  Excise duty @ 5%,  Customs cess @ 3%, Excise cess @ 3%,  and SAD @ 4%.Therefore,  Customs duty on  flash memory  is 9.52%.

Customs duty on Flash memory is 9.52%

Now  import duty on flash memory  as media are : Basic customs duty 0 %,  Excise duty @ 5%,  Customs cess @ 3%, Excise cess @ 3%,  and SAD @ 4%.Therefore,  Customs duty on  flash memory  is 9.52%.

Customs duty on Combo drive is now 9.36%

Now  import duty on Combo drive are  Basic customs duty 0 %,  Excise duty @ 5%,  Customs cess @ 0%, Excise cess @ 3%,  and SAD @ 4%.Therefore,  Customs duty on  Combo drive   is 9.36%.

Customs duty increased on dvd writer to 9.36%

Now  import duty on DVD  writer , Basic customs duty 0 %,  Excise duty @ 5%,  Customs cess @ 0%, Excise cess @ 3%,  and SAD @ 4%.Therefore,  Customs duty on DVD  writer  is 9.36%.

Customs duty increased on hard disc drive to 9.36%

Now  import duty on  Hard  Disc Drive  are  : Basic customs duty 0 %,  Excise duty @ 5%,  Customs cess @ 0%, Excise cess @ 3%,  and SAD @ 4%.Therefore,  Customs duty on Hard disc drive  is 9.36%.

Customs duty increased on CD ROM drive to 9.36%

Now  import duty on  CD drive , Basic customs duty 0 %,  Excise duty @ 5%,  Customs cess @ 0%, Excise cess @ 3%,  and SAD @ 4%.Therefore,  Customs duty on CD drive  is 9.36%.

Customs duty increased on dvd drive to 9.36%

 Now  import duty on DVD drive , Basic customs duty 0 %,  Excise duty @ 5%,  Customs cess @ 0%, Excise cess @ 3%,  and SAD @ 4%.Therefore,  Customs duty on DVD  is 9.36%.

Customs duty decreased on personal use goods imported through Post

 Now import duty on  personal use goods  have been reduced to 14.71%. The CTH is  9804. But goods should not be restricted under import policy.

Increase in Customs duty of Wireless data modem card and duty varies as per CENVAT availment

There are two  category  of duty on  wireless modem , one  for who claimed CENVAT credit and another who do not claim. If somebody is availing CENVAT credit on Wireless modem , then duty is  9.52 % of value, otherwise, it is 5.1 % of assessable value. The new changes in duty is on account of central excise duty ,which is  5 %  (if  CENVAT   claimed) and is 1 % (If  CENVAT not claimed as input).Relevant portion of
notification  is re -produced for easy  reference:
 [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
                                       New Delhi, the 1
st
March, 2011
NOTIFICATION
No.    1/2011-Central Excise
G.S.R.   (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the
Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby  exempts the  excisable  goods of the
description specified in column (3) of the Table below and falling under Chapter, heading,
sub-heading or tariff item of the First Schedule to the Central Excise Tariff Act, 1985 ( 5 of
1986), specified in the corresponding entry in column (2) of the said Table, from so much of
the duty of excise leviable thereon under the said Central Excise Act,  as is in excess of the 
amount calculated at the rate of 1% ad valorem:

Provided that nothing contained in this notification shall apply to the goods in respect
of which credit of duty on inputs or tax on input services has been taken under the provisions
of the CENVAT Credit Rules, 2004.........................................................


" SN 101 , 8517    ,  Wireless  data modem cards with PCMCIA or 
USB or PCI express ports"




Other notifications  , which is without exclusion of CENVAT  conditions is reproduced here:


Notification                                                                               New Delhi, the 1
st
March, 2011
No. 2/2011-Central Excise
G.S.R.      (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the
Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby exempts the excisable goods of the
description specified in column (3) of the Table below and falling under Chapter, heading,
sub-heading or tariff item of the First Schedule to the Central Excise Tariff Act, 1985 ( 5 of
1986), specified in corresponding entry in column (2) of the said Table, from so much of the
duty of excise leviable thereon under the said Central Excise Act,  as is in excess of the 
amount calculated at the rate of 5% ad valorem:

."  SN 61   ,     8517    ,Wireless data modem cards with PCMCIA or 

USB or PCI express ports "

 Excise duty  is base on MRP price  in India ,after appropriate abatement.

Customs duty on Mobile phone is increased after budget 2011

There are two  category  of duty on mobile phones ,iphone ,smartphone , one  for who claimed CENVAT credit and another who do not claim. If somebody is availing CENVAT credit on Mobile Phones , then duty is  6.37 % of value, otherwise, it is 2.12 % of assessable value. The new changes in duty is on account of central excise duty ,which is  5 %  (if  CENVAT   claimed) and is 1 % (If  CENVAT not claimed as input).Relevant portion of
notification  is re -produced for easy  reference:
 [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
                                       New Delhi, the 1
st
March, 2011
NOTIFICATION
No.    1/2011-Central Excise 
G.S.R.   (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the
Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby  exempts the  excisable  goods of the
description specified in column (3) of the Table below and falling under Chapter, heading,
sub-heading or tariff item of the First Schedule to the Central Excise Tariff Act, 1985 ( 5 of
1986), specified in the corresponding entry in column (2) of the said Table, from so much of
the duty of excise leviable thereon under the said Central Excise Act,  as is in excess of the 
amount calculated at the rate of 1% ad valorem:

Provided that nothing contained in this notification shall apply to the goods in respect
of which credit of duty on inputs or tax on input services has been taken under the provisions
of the CENVAT Credit Rules, 2004.


" SN 100 ,  8517 or 8525 60   , Mobile handsets including Cellular Phones and 
Radio trunking terminals.



Other notifications  , which is without exclusion of CENVAT  conditions is reproduced here:


Notification                                                                               New Delhi, the 1
st
March, 2011
No. 2/2011-Central Excise
G.S.R.      (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the
Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby exempts the excisable goods of the
description specified in column (3) of the Table below and falling under Chapter, heading,
sub-heading or tariff item of the First Schedule to the Central Excise Tariff Act, 1985 ( 5 of
1986), specified in corresponding entry in column (2) of the said Table, from so much of the
duty of excise leviable thereon under the said Central Excise Act,  as is in excess of the 
amount calculated at the rate of 5% ad valorem:




"  SN 60    ,    8517 or 8525 60 , Mobile handsets including Cellular Phones and Radio trunking terminals ".






 Excise duty  is base on MRP price  in India ,after appropriate abatement.

Duty reduced on LED TV

 Today's budget has reduced duty on LED  TV. Waiting for notification for exact  duty.

Income tax exemption for citizen in this Budget

 Direct Tax Code (DTC) will be effective from 1.4.2012.
Exemption limit  raised to Rs 1,80,000/= for general Tax payer.
Senior citizen age  reduced  form 65 Years to 60 Years and exemption limit is Rs 2,50 ,000/=
One more category of senior Citizen ,who are above 80 years, exemption limit is Rs 5,00,000/-.

No need to file IT return by Salaried people

 If  employer  has deducted TDS  from Salary ,then, Salaried employee need not to file  IT return.

Relief from litigation for small revenue locked

As per Govt litigation policy , Govt Department will not  appeal in higher  judicial forum ,if revenue involved is less than  prescribed by Govt. It will concentrate more on higher revenue realisation ,where  revenue involved is high.

Self Assessment of import duty is introduced for importer and exporter

Self assessment by importer  and exporter   is a  great step. It will reduce time of transaction and cost  of compliance with Customs formalities. Thus will lead more competitive  price of  Indian Goods  and improve
efficiency of Global Supply Chain. There will be random checks by Customs to prevent mis use of  self assessment practice. This scheme is operative in various form for past many years. But  ,now it is has been widen.   Detail procedure will be known only after  Notification or circular is issued by CBEC.

As per Task force of Ministry of Commerce, It is said that  reducing of transaction cost will yield saving of
  Rs 2100  Crore.

CBEC has EDI systems at  91 locations. Electronic filing and    CBEC web portal are great tool for reducing transaction cost.  Even  State Govts  have started accepting  Electronic Tax Returns.

Goods and Service tax ( GST) in this budget 2011-2012

Honourable FM has proposed that  he will introduce Constitutional   amendment for GST. Establishment of  national IT   network  will be back bone of effective GST regime. In June 2011 ,Pilot portal on GST, with collaboration  with 11 States ,will be launched. Lower rate of Central Excise duty is increased form  4 % to 5 %. Around 130 items of consumer nature , Central  Excise duty is reduced to 1%  ,in order to align with GST.

Lower limit of central excise duty is increased form 4 % to 5 % to align GST.

 Many States have increased  rate of VAT from  4 % to 5 %.  Therefore , FM has also increased  lower rate of Central Excise Duty from 4 % to 5 %.  Peak Basic rate of central Excise is 10 % only.
Net gain by Indirect tax  in this budget  is Rs 7,300 crore.

Less Excise duty on consumer goods to align with proposed GST

 Duty on Sanitary napkin  is reduced from 10 % to 1%.
 Around 130 items , mostly consumer goods, duty is reduced to 1 %. No cenvat credit is allowed on these items.

Reduce customs duty on work of art , exhibitions and Film Rolls

Exemption form duty on  Work of    Art for exhibitions ,
colour unexposed jubo reel, 10,000 and 4000 feets are exempted  form excise duty.

Reduce customs and excise duty for promoting green economy

Less Excise  duty on car based on  hybrid Fuel & hydrogen  cell.
LED lights  ,customs duty is 5 %.
 Customs Duty on Solar lantern is reduced form 10 % to 5 % .
Excise duty exemption for Mega Power  Project.

No change is peak rate of Customs duty , it is still 10 % for most of items.

Honourable FM missed two paras , read them before Indirect tax portion of the Budget.  Three rate of basic customs duty  are kept for most of items.
Thrust was on simplification and rationalization of Taxes.
Curb on Money laundry and  Corrupt practice.
 Reduction in duty for promoting green economy.
2.5 % customs duty on  specified agriculture machinery.
Reduce  Customs duty on silk from 30 % to 5 %.
Customs duty on Technical fabric from 7.5% to 5%.
Reduction of duty  on parts for mobile hand set.
Reduce  Customs duty on  coke and Gypsum   to 2.5 %.

Budget high light on Gifts

There is no change in Gift limit for importing goods for personal use.

No service tax on canned software ,if seller is not charging more than M.R.P from end customer as per Notification No. 53/2010 - Service Tax

No service tax on canned software ,if seller is not charging more than M.R.P. It is to avoid double taxation as software as service and as product, one time it is service tax  and another time is central excise .

Notification is reproduced for easy reference.

 Notification No. 53/2010 - Service Tax

                                                                                                             New Delhi, the 21 st December,2010 

[TO BE PUBLISHED IN THE GAZZETE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SECTION (i)]
Government of India
Ministry of Finance
Department of Revenue
                                                                                                    
 G.S.R.  (E).- In exercise of the powers conferred  by sub-section (1) of section 93 of the
Finance Act, 1994 (32 of 1994), the Central Government, on being satisfied that it is necessary in the
public interest so to do, hereby exempts  the taxable service referred to in item (v) of sub-clause
(zzzze) of clause (105) of section 65 of the said Finance Act (hereinafter referred to as ‘such service’),
for packaged or canned software (hereinafter referred to as ‘said goods’) from the whole of service
tax, subject to the condition that-
(i) the value of the said goods domestically produced or imported, for the purposes of levy of the duty
of Central Excise or the additional duty of customs leviable under sub-section (1) of section 3 of the
Customs Tariff Act, 1975 (51 of 1975), if imported, as the case may be, has been determined under
section 4A of the Central Excise Act 1944 (1 of 1944) (hereinafter referred to as ‘such value’); and
(ii) (a) the appropriate duties of excise on such value have been paid by the manufacturer, duplicator
or the person holding the copyright to such software, as the case may be, in respect of software
manufactured in India; or
(b) the appropriate duties of customs including the additional duty of customs on such value, have
been paid by the importer in respect of software which has been imported into India;
(iii) a declaration made by the service provider on the invoice relating to such service that no amount
in excess of the retail sale price declared on the said goods has been recovered from the customer.
Explanations.- For the purpose of this notification, the expression,-
(i) “appropriate duties of excise” shall mean the duties of excise leviable under section 3 of the Central
Excise Act, 1944 (1 of 1944) and a notification, for the time being in force, issued in accordance with
the provision of sub-section (1) of section 5A of the said Central Excise Act; and
(ii) “appropriate duties of customs” shall mean the duties of customs leviable under section 12 of the
Customs Act, 1962 (52 of 1962) and any of the provisions of the Customs Tariff Act, 1975 (51 of
1975) and a notification, for the time being in force, issued in accordance with the provision of subsection (1) of section 25 of the said Customs Act.
                                                                                               [F. No. 354/189/2010-TRU]
                                                                                          (VIKAS)
Under Secretary to the Government of India




Ravindra Kumar

Customs duty on HP iPAQ mobile messenger is 1.03 %.

Customs classification of HP iPAQ mobile messenger is under heading CTH 85171290  and rate of duty  is @ 1.03%, if  it looks more like smartphone. However,  If it is considered handheld device than CTH 8471 and duty @ 14.71%.  Correct classification will depend upon what is  principal function of a particular items.
Regards
Ravindra Kumar
Global Tax Guru
www.globaltaxguru.in

Customs duty on VC6096 WWAN In-Vehicle/Fixed Mount Mobile Computer is 1.03%

 Tariff classification of Motorala  under CTH  85171290 and  rate of duty is 1.03 %.
The VC609VC6096 WWAN In-Vehicle/Fixed Mount Mobile Computer6 all-in-one in-cab solution is designed to help transportation and logistics providers achieve cost-effective compliance, maximize driver productivity, improve safety and vehicle utilization, reduce costs and improve customer service.

Customs duty on HTC EVO 4G,Google Nexus One,Samsung Vibrant, HTC Desire,HTC Incredible,Motorola Droid X,Samsung Epic 4G,

Rate of customs duty on a rear view mirror hands-free Bluetooth car kit

The tariff classification of a rear view mirror hands-free Bluetooth car kit  is CTH 85176970. Rate of duty is 15.03%.

Second hand personal goods should not require import licence

As per Foreign Trade Policy, second hand capital goods are allowed to be imported without any licence. But  second goods for personal use seems to be restricted. This view is not appears to be correct.

"......Provided that where it is established to the satisfaction of the Adjudicating Authority that any goods or materials which are liable to confiscation under this rule, had been imported for personal use, and not for any trade or industry, such goods or materials shall not be ordered to be confiscated........"   Rule 17. Confiscation and redemption..FOREIGN TRADE (REGULATION) RULES, 1993 Ministry of Commerce Notification No. GSR 791 (E), dated 30-12-1993.




It is interpreted that  if any goods is imported for personal use than it cannot be confiscated  for violation  of above Rule. There is no value limit  for personal import without any licence.However, Department of Revenue/ Customs department   ,at many place, does not allow goods imported for personal use. Reason cited is based on 3(1)(i) of   Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993. This is not true. 


Once Rule itself says that personal use goods are not to be confiscated ,then ,where is question of restricting import of consumer electronics goods ,valued more than C.I.F ,Rs 2000/= through  Order. Hence, goods for personal use should be allowed without any adjudication , whether it is old or new.  Revenue authority and DGFT to rectify and make  importing  goods for personal use as smooth affair.

Exports transaction cost to be cut by 40 percent

Scindia said transaction of exports cost nearly $14 billion annually. This is nearly seven percent of India's total exports value. 

Total merchandise exports from India was $178.66 billion in 2009-10. The government targets to increase it to $200 billion during the current fiscal. (Source:http://economictimes.indiatimes.com/news/economy/foreign-trade/Exports-transaction-cost-to-be-cut-by-40-percent/articleshow/6426877.cms)

Import of wine as gift or sample into India through courier

                    


 Import of wine is free ,that is without any import licence.

 But , you have to pay  customs duty @ 150 % EXCEPT for sacramental wine(Which is  @ 36.136 %).

 As far IEC is concerned , if  importer is commercial organisation, then requires an IEC.

 Sample of wine or gift,supplied free of cost through Courier and valued less than Rs 10,000/=, is  with out any  Customs duty. For more information ,you can visit my site www.globaltaxguru.in.
If you are interested in regular business ,then ,i can help you.
Thanks and warm regards
Ravindra Kumar
www.globaltaxguru.in

Fake goods are not allowed to be imported and exported out of India.It is illegal

 Even some body buy on line  fake goods and try to import fake ,or look alike ,or counterfeit goods into India. It is illegal. Customs may  initiate prosecution under Customs Act 1962.Avoid such import and export.

What is intellectual property ?


What  are goods infringing intellectual property rights ?


Who is right holder ?


For easy understanding  and reference definitions are reproduced(  Source:Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, Notification No. 47/2007-Cus. (N.T.), dated 8-5-2007 )

" 2.          Definitions. -   

 (a) “ goods infringing intellectual property rights"  means any goods which are made, reproduced, put into circulation or otherwise used in breach of the intellectual property laws  in India or outside India and without the consent of the right holder or a person duly authorized to do so by the right holder;

(b) "intellectual property"  means a copyright as defined in the Copyright Act, 1957, trade mark as defined in the Trade Marks Act,1999, patent  as defined in the Patents Act, 1970, design as defined in the Designs Act, 2000 and geographical indications as defined in the  Geographical Indications of Goods (Registration and Protection) Act, 1999;

(c) “ Intellectual  property  law”  means the Copyright Act, 1957, the Trade Marks Act,1999, the Patents Act, 1970, the Designs Act, 2000 or  the  Geographical Indications of Goods (Registration and Protection) Act, 1999 ;

(d) " right holder"  means a natural person or a legal entity, which according to the laws in force is to be regarded as the owner of protected intellectual property right, its successors in title, or its duly authorized exclusive licensee as well as an individual, a corporation or an association authorized by any of the aforesaid persons to protect its rights."

Regards

Global Tax Guru

www.globaltaxguru.in

www.globaltaxguru.in: Import customs duty on Mobile phone,PDA,smart phone,GSM

www.globaltaxguru.in: Import customs duty on Mobile phone,PDA,smart phone,GSM , import duty is 1.03% on mobile phone.

Regards

Ravindra Kumar

Global Tax Guru

Classification of ebook reader is CTH 8543 70 99

e Book reader is having individual function of displaying text. Rightly classifiable under CTH 8543 70 99  , for importing into India.
Regards
Ravindra Kumar
Global Tax Guru
www.globaltaxguru.in

custom duty on LED TV 32"

Dear Sir,

Thank you very much for your timely help.

Regards,

Vishwanathan.K

On Sat, Aug 21, 2010 at 12:30 PM, ravindra kumar <ravindrakumar_iitd@yahoo.co.in> wrote:

Dear Vishwanathan,                                    Pl visit my site www.baggage.globaltaxguru.in for duty liability.     Thanks and regards Ravindra Kumar www.globaltaxguru.in --- On Sat, 21/8/10, vishwanathan krishnamurthy <vishica@gmail.com> wrote: From: vishwanathan krishnamurthy <vishica@gmail.com> Subject: help regarding custom duty on LED TV 32" To: ravindrakumar_iitd@yahoo.co.in Date: Saturday, 21 August, 2010, 3:07 AM Dear Sir, Let me introduce myself I am Viswanathan.K staying in Ras Al Khaimah (UAE). I got your mail ID from a Blog. I am going for my first vacation. I am planning to take a new samsung LED TV 32"  for my family. The value of it is around Rs. 32000/- (AED 2,500/-)  I just want to know is it a dutiable item? If Yes then how much they levy as duty. Your reply will be of great help to me  in planning my travel.  Thanks in advance. --  with regards, viswanathan.k.

SAMPLE:Laws relating for import and export of samples through Post, Courier and Baggage

Import of samples -Para 2.18 of FTP- Import of samples shall be governed by HBP v1.

Export of Samples Para of 2.3of FTP - Export of samples and Free of charge goods shall be governed by provisions given in HBP v1.

Export / Import by Post / Courier -Para 6.23 of Foreign Trade Policy (FTP)-Goods including free samples, may be exported / imported by airfreight or through foreign post office or through courier, as per Customs procedure.

Passenger Baggage - Para 2.20 of FTP -Samples of such items that are otherwise freely importable under FTP may also be imported as part of passenger baggage without an Authorisation.

Exporters coming from abroad are also allowed to import drawings, patterns, labels, price tags, buttons, belts, trimming and embellishments required for export, as part of their passenger baggage without an Authorisation.

Handloom- SPECIAL FOCUS INITIATIVES CHAPTER- Para 1 B (IV)(c) of FTP- Duty free import entitlement of hand knotted carpet samples is 1 % of FOB value of exports during previous financial year.

Gems & Jewellery- Para 1 B (vii) (c)- Duty free import entitlement of commercial samples shall be Rs. 300,000

2. 
   
   No Duty on Samples and Prototypes :

There is no duty on Free Sample, Commercial samples,prototypes and price Lists ( Supplied free of cost),if they satify conditions of Notification No 154/ 13.07.94 read with Geneva Convention of 7 November, 1952, imported through Post, Courier,Baggage or Air Cargo.

No duty for Gifts, Life saving drugs

I- No duty for Gifts

a) Bonafide gifts imported through Post and Courier- Upto Rs 10,000/-, No duty.

(Notification No 171/16.09.93(Amended)

b) BAGGAGE- Gift and donations -Relief goods and edible material-No duty

( Notification No 148/ 13.07.94)

                      -Gifts to Ministers and Public Servants- no duty- Notification No 326/23.12.83

II- NO duty- for Life Saving Drugs for Personal use import by Post or Air

(Notification no 21/2002 ,S.NO.403,CONDITION 8, List 4.)

III- No duty-Post Parcel import for personal use value not more than Rs 100

(Notification no 21/2002 ,SN NO. 406.)

IV- No duty – On used bonafide personal effects of deceased Persons

(Notification no 21/2002 ,SN NO. 405.)

V- No duty- on Foodstuffs imported by person residing in India, but not being Citizen of

India, upto Rs 1,00,000/- in a Financial Year-

[ Notification No 207/17.07.89 ( Amended)].

VI- No duty- For buying goods at Duty Free shop upto Rs 5000/- per passanger per visit

(F.No. 495/7/2005-Cus.VI MOF,DOR dated 26.09.2005)

Gifts-You should send or receive gifts but not tension or worries.

You should send or receive gifts but not tension or worries.

Sending and receiving gifts are very personal and emotional issues in ones life.If you are likely to receive gifts from a friend or relatives or for that matter any person, from any place out side India,or,sending gifts to any place out side India. There are ways and mean to receive or send gifts without any worries. Only ,you need to have plan and get awared to existing laws and practice related to import and export of gifts in India.

Mainly ,Indian Customs is for leving and collecting duty on goods, DGFT is for deciding imortability and exportability of goods , and RBI is for

foreign exchange related to such goods.

Large number of gifts and goods for personal use are imported and exported through Post, Courier and Air.

It is advisable to be in touch with websites of Govt of India to have information on issue related to Gifts. In addition to this , you may visit my blog ,www.personalimport.blogspot.com , which i am writing since 2006.

To check whether you are eligible for free gifts ( without any duty) ,or, liable to pay duty,or, liable to pay fine and penalty in addition to duty,or,gifts being

prohibitive in nature and will not be released by Customs. You may visit my site www.globaltaxguru.in  and select your mode of import such as Post, Courier, and Air cargo.

If you have selected Post then default screen will have

Personal Button as selected, you have to select Gift then enter product name,and, submit, you will get desired information.

In case you are selecting Courier or Air cargo then you have to follow this procedure: enter product name, select product, you will know customs classification, merit rate of duty, licencing conditions. If goods is restricted then you have to pay fine and penalty ,in addition to duty( If any), if you are not producing licence from DGFT. Prohibitive goods will not be released by the Customs ,even they are send as gift.

Important laws govering gifts are:-

For Licencing:

-Import of Gifts - Para 2.19 of Foreign Trade Policy (FTP) ,27th August 2009 - 31st March 2014,

Import of gifts shall be permitted where such goods are otherwise freely importable under FTP. In other cases, aCustoms Clearance Permit (CCP) shall be required from

DGFT.

- Export of Gifts, - Para 2.32 of Foreign Trade Policy (FTP), Goods, including edible items, of value not exceeding Rs.5,00,000 /- in a licensing year, may be exported as a gift.

However, items mentioned as restricted for exports in ITC (HS) shall not be exported as a gift, without an Authorisation.

For Customs Duty :

I- No duty for Gifts

a) Bonafide gifts imported through Post and Courier- Upto Rs 10,000/-, No duty.

(Notification No 171/16.09.93(Amended)

b) BAGGAGE- Gift and donations -Relief goods and edible material-No duty

( Notification No 148/ 13.07.94)






     Gifts to Ministers and Public Servants- no duty- Notification No 326/23.12.83

II- NO duty- for Life Saving Drugs for Personal use import by Post or Air

(Notification no 21/2002 ,S.NO.403,CONDITION 8, List 4.)

III- No duty-Post Parcel import for personal use value not more than Rs 100

(Notification no 21/2002 ,SN NO. 406.)

IV- No duty – On used bonafide personal effects of deceased Persons

(Notification no 21/2002 ,SN NO. 405.)

V- No duty- on Foodstuffs imported by person residing in India, but not being Citizen of

India, upto Rs 1,00,000/- in a Financial Year-

[ Notification No 207/17.07.89 ( Amended)].

VI- No duty- For buying goods at Duty Free shop upto Rs 5000/- per passanger per visit

(F.No. 495/7/2005-Cus.VI MOF,DOR dated 26.09.2005)

Find out what is best way of importing ipad into India.

If  you are importing ipad into india and buying from ebay or Amazon

,then site www.globaltaxguru.in shows Customs tariff  heading,Rate of Duty,

 Licencing conditions,   assessable value to calculate customs duty amount ,

total landing cost. Further, what will be duty if ipad is imported

 for different purpose such as Personal import, gift, commercial use,

 repair, return and replacement. Also it shows 

what would be customs rate of duty for ipad 

if imported through courier, air cargo, sea cargo.

 Bona-fide Gift upto Rs 10,000/- are without any duty

if imported through Courier.

Regards

Ravindra Kumar

ipad will attract less customs duty if retail price is declared on Pre-packaged ipad before importing into India

ipad is attracting duty @ 14.71%. But if you are importing ipad and it is in pre-packaged conditions and retail price is already declared,then,  4 % SAD is not paid ( As per Notification 29/2010 - Customs, dated 27-02-2010 ) . Customs duty on ipad is reduced from 14.71% to 10.3%. You can visit my website www.globaltaxuru.in for duty calculation and landing cost.

Global Tax Guru

New Rupee symbol

The new Rupee symbol  has been added  to our Global  Tax Guru site for import and export community.
Regards
Ravindra Kumar
Global Tax Guru

Import of Multichannel GSM/CDMA receivers, transmitters and transreceivers capable of receiving or transmitting or both in two or more frequencies simultaneously shall be “restricted”.

                                      Now actual user only allowed to import these items. There is no change in duty.
                                       There is a confusion ,whether this notification is restricting Mobile phone based on                  
                                        GSM  or  CDMA technology or Telecome equipment.
                                          The DGFT  notification does not give any tariff heading classification along with policy restricting. But as per The Economic Times ,page 7,Delhi edition, it is restricting only telecom equipments.