Moving to india

This query is : Resolved

Iqbal Singh Grover (Querist)
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30 January 2012 A person is permanently shifting to India from Thailand.. He has professional equipments with him (not as baggage.. The equipment will be coming through shipment )..
He is not an Indian citizen.. Has stayed in Thailand since birth..

Whill there be any custom duty on this ?
What is the procedure for such an import ?

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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31 January 2012 Rate of duty applicable on transfer of residence :-

Concessional rate of duty is applicable to the following categories of persons transferring their residence to India:

(a) any person holding a valid passport under the passport act 1967 and returning to India after having stayed abroad for atleast 365 days during the two years immediately preceding the date of arrival in India.

(b) any person on bonafide transfer of residence to India

Such persons shall be allowed

(i) clearance of items listed in Annexure-II, whether old or new, at a concessional rate of duty of 15% ad valorem + 3% educational cess.

(ii) clearance of items listed in Annexure-III free of duty

Subject to the conditions that

In case of (a) above:

i) Such person has been working abroad and is returning to India on termination of such work after having stayed abroad for at least 365 days during the two years immediately preceding the date of arrival in India;

ii) Such person affirms by a declaration that the goods have been in his possession abroad or, the goods are purchased by such person at the time of his arrival, but before clearance from customs, from the duty free shop located in the arrival hall of the International airports;

iii) The goods (other than those purchased from the duty free shops at the time of arrival of such passenger) not accompanying such passenger were shipped or dispatched or arrived within the time limits specified in the Baggage Rules, 1998; and

iv) in respect of such goods not more than one unit shall be permissible to such person and the total aggregate of value of such goods including other goods imported free of duty by him under Rule 5 of the Baggage Rules, 1998, shall not exceed rupees seventy five thousand.

In case of (b) above:

i) Such person has been residing abroad for a minimum period of two years immediately preceding the transfer of residence and has not availed this concession in the preceding three years;

ii) Such persons affirms by a declaration that the goods have been in his possession abroad or, the goods are purchased by such person at the time of his arrival, but before clearance from customs, from the duty free shop located in the arrival hall of the International airport;

iii) The goods (other than those purchased from the duty free shops at the time of arrival of such passenger) not accompanying such passenger were shipped or dispatched or arrived within the time limits specified in the Baggage Rules, 1998;

iv) Not more than one unit of each item of such goods shall be permissible per family and the person claiming the benefit shall affirm by a declaration that no other member of the family had availed of or would avail of such benefit in respect of that item; and

v) The total aggregate value of such goods shall not exceed rupees five lakhs.

Note: Transfer of residence entitlements are applicable to returning Indians as well as Foreigners transferring their residence to India subject to the fulfillment of prescribed eligibility conditions.

regards,

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RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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31 January 2012 ALSO NOTED:

There are two forms of personal import:

1.

Direct Personal Import: An importer himself/herself places orders to foreign mail order companies, retailers or manufactures and imports directly from them.
2.

Indirect Personal Import: An importer places orders to an import agent and imports goods via the agent.

In any case, since personal import is direct trade with foreign countries, a buyer must understand the various rules and regulation while importing such goods. For importing any good in India, a buyer must check the item in the ITC-HS code in order to know weather the item is free to import, restricted or prohibited.

Importance of IEC Number for Personal Import
Import Export Code Number or IEC number is not required for import of items for personal use.

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RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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31 January 2012 ALSO NOTED:

Items that can not be Imported for Personal Use

There are certain items that can not be imported for personal use. These items are listed below-

*

Vegetables and seeds exceeding one pound
*

Beas
*

Tea
*

Books, magazines, journals and literature
*

Items which has been Canalised under the Indian Exim Policy (2007) or Foreign Trade Policy.
*

Arms and ammunitions
*

Consumer electronic items, except hearing aid and other life saving equipments

Import of items by Registered Courier
For the purpose of taxation, import of goods by registered carrier is not included under the Baggage Rule Act (1998). Under a new system of assessment, the clearance of goods is governed by the Courier Imports and Exports Regulation Act (1998).

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