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FEMA Procedure

Krishna (Manager - Genesis Tax Consultant) (531 Points)

27 January 2019

Dear Sir / Madam,

An Indian company doing the sale to Kenya. But the goods directly supplied from his purchaser who is in Russia. Goods not reached at Indian soil, but the sale as happened through sea.

What is the FEMA procedure and customs procedure for such transactions. How to record this transactions in the GST portal. Please clarify me in this regard.

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5 Replies

Lalit Pandey (Indian Business Researcher) (313 Points)
Replied 27 January 2019

use bill of lading, port and custom clearance document (if not available) use Shipping bills, As per FEMA guidelines if any transaction between country the Receiver has to maintain the supporting documents authorised by Custom Department and For Seller mendatory to show all details in Invoice/Documents provided by him, sometimes other authenticatiin like Sea Inspector/Port Inspector clearing Certificate also required.

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Krishna (Manager - Genesis Tax Consultant) (531 Points)
Replied 27 January 2019

Dear Sir,

Thank you so much for the information.

If possible could you please explain me with the examples so that it would very helpful knowledge to me.

Lalit Pandey (Indian Business Researcher) (313 Points)
Replied 27 January 2019

Suppose if the bill of lading is prepared in the following way, it can be transfered through endorsement in the same manner as in a cheque. There ate three columns in Bill of Lading, Consigner, Consignee and Notified Party (Kenya/London etc), Notified party is the party to whom the shipping company is to send "Notice of Arrival". By not striking of the words in Bill " Or Order Of" and writing the name of the negotiating bank, the bank becomes the first endorsee. in contrast of B/L is the consignee named B/L. The consignee named is made out the name of specific party. The exporter should not ship the goods under B/L without original B/L presentation as required from shipping company.

Krishna (Manager - Genesis Tax Consultant) (531 Points)
Replied 27 January 2019

Dear Sir, Thank you for the updated information!!

CS M Pota (Company Secreatary) (3186 Points)
Replied 30 January 2019

This is a Merchanting Trade in the International Market.For details you may refer my ARTICLE on "Merchanting Trade in the International Market" on Tax Management India .com.