13 May 2021
Dear Experts, what is the time limit to realize the export proceeds for goods sent to overseas agent? Is the time limit applicable from the date of export or date of sale by agent to buyer?
07 July 2024
The time limit to realize export proceeds for goods sent to an overseas agent typically refers to the time within which payment must be received in India after the export of goods. Here are the key points regarding the time limit:
1. **Time Limit Definition**: As per RBI guidelines, exporters must realize export proceeds within a specific period from the date of export of goods. This period is usually defined as 9 months from the date of export or 15 months from the date of shipment, whichever is earlier.
2. **Date of Export vs. Date of Sale by Agent**: - **Date of Export**: This refers to the actual physical movement of goods out of India, as per customs clearance and shipping documentation. - **Date of Sale by Agent**: This is the date when the overseas agent sells the goods to the end buyer.
3. **Applicability of Time Limit**: - The time limit to realize export proceeds starts from the **date of export**. It is not based on the date when the overseas agent sells the goods to the buyer. - This means that the exporter must ensure that payment for the exported goods is received in India within the stipulated time frame from the date the goods physically left India.
4. **Practical Considerations**: - It's essential for exporters to maintain documentation and evidence to demonstrate compliance with RBI regulations regarding export proceeds realization. - Exporters should monitor and track payment receipts closely to ensure they meet the regulatory requirements within the specified time limit.
5. **Consequences of Non-Compliance**: - Failure to realize export proceeds within the prescribed time frame may result in penalties or other consequences under RBI regulations. - Non-compliance can also affect eligibility for various export incentives and benefits, such as duty drawback and MEIS (Merchandise Exports from India Scheme) benefits.
### Conclusion To summarize, the time limit to realize export proceeds for goods sent to an overseas agent starts from the date of export, not from the date of sale by the agent to the buyer. Exporters must ensure that they receive payment in India within 9 months from the date of export or 15 months from the date of shipment, whichever is earlier, as per RBI guidelines. Keeping accurate records and monitoring payments are crucial to complying with these regulations.
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