Shamita (Learner) (410 Points)
27 November 2009A proprietorship concern has imported goods worth 775 USD from China. But the seller has invoiced goods for 125 USD. The bill of entry is of full quantity with 125 USD. We have made full transfer of 775 USD to the Chinese exporter. Now the bank, through which payment is made, is asking why we have made excess payment.
What's the way out now. Some one pls guide.
Narayanan.R
(Chartered Accountant)
(191 Points)
Replied 27 November 2009
Your question is contradictory.
If you made an excess payment then you have to recover pa.
Shamita
(Learner)
(410 Points)
Replied 27 November 2009
actually they sent all goods, but prepared the invoice with lower rate leading to invoice short by 650 USD. But we made full payment of 775 USD to them as advance through bank transfer.
Bank is right. You cant pay excess FC than Billed amount. All supporting papers (Bill of Lading, Bill of entry etc) are also supporting to amount of 125 USD. You can do as per following:
1) Ask to your bank to clear GR of said Invoice as USD 125.
2) Take a bill from the same party for consultation for the balance amount + Tax (if any payable) and book the amount as consultation charges paid to foreign consultant. Please also take care aboout TDS as per applicability.
>> Rajesh
Shamita
(Learner)
(410 Points)
Replied 28 November 2009
Thanks Rajesh Sir,
But we are not carrying on further business with the Chinese seller, so there is little possibility that they will cooperate with us.
Pls also tell for how much amount of USD, we can bring sample from China so that there is no entry at the customs.
I think your Chinese seller would be agree for that as he has also required to show the receipt of FC in his books. Just discuss with him.
In regarding "free sample limit' there are some limitation described I have paste the same for your reference. For more details regarding EXIM you can refer to this site https://www.infodriveindia.com
Regards
>> Rajesh
Introduction
The foreign customer may ask for product samples before placing a confirmed order. So, it is essential that the samples are made from good quality raw materials and after getting an order, the subsequent goods are made with the same quality product.
Extra care should be taken in order to avoid the risk associated in sending a costly product sample for export. Secrecy is also an important factor while sending a sample, especially if there is a risk of copying the original product during export.
Before exporting a product sample an exporter should also know the Government policy and procedures for export of samples.
While sending a product sample to an importer, it is always advised to send samples by air mail to avoid undue delay. However, if the time is not an issue then the product sample can also be exported through proper postal channel, which is cheaper as compared to the air mail.
Sending Export Samples from India
Samples having permanent marking as “sample not for sale” are allowed freely for export without any limit. However, in such cases where indelible marking is not available, the samples may be allowed for a value not exceeding US $ 10,000, per consignment.
For export of sample products which are restricted for export as mentioned in the ITC (HS) Code, an application may be made to the office of Director General of Foreign Trade (DGFT).
Export of samples to be sent by post parcel or air freight is further divided into following 3 categories, and under each category an exporter is required to fulfill certain formalities which are mentioned below :
Samples of value up to Rs.10, 000- It is necessary for the exporter to file a simple declaration that the sample does not involve foreign exchange and its value is less than Rs. 10,000.
Samples of value less than Rs. 25,000- It is necessary for the exporter to obtain a value certificate from the authorised dealer in foreign exchange (i.e. your bank). For this purpose, an exporter should submit a commercial invoice certifying thereon that the parcel does not involve foreign exchange and the aggregate value of the samples exported by you does not exceed Rs. 25,000 in the current calendar year.
Samples of value more than Rs. 25,000- It becomes necessary for the exporter to obtain GR/PP waiver from the Reserve Bank of India
Export Samples against Payment
A sample against which an overseas buyer agrees to make payment is exported in the same manner as the normal goods are exported. Sample can also be carried personally by you while travelling abroad provided these are otherwise permissible or cleared for export as explained earlier. However, in case of precious jewellery or stone the necessary information should be declared to the custom authorities while leaving the country and obtain necessary endorsement on export certificate issued by the Jewelry Appraiser of the Customs.
Export of Garment Samples
As per the special provision made for the export of garment samples, only those exporters are allowed to send samples that are registered with the Apparel export Promotion Council (AEPC). Similarly, for export of wool it is necessary for the exporter to have registration with the Woolen Export Promotion Council.
Export of Software
All kinds electronic and computer software product samples can only be exported abroad, if the exporter dealing with these products is registered with the Electronics and Computer Software Export Promotion Council (ESC)
Similarly samples of other export products can be exported abroad under the membership of various Export Promotion Councils (EPC) of India.
Shamita
(Learner)
(410 Points)
Replied 28 November 2009
But Sir, can we say that we have imported goods worth 650 USD as sample. The goods were shown in the invoice but there amount was wrong. These were not recorded at the customs as the amount was less.
GSTR 9 and 9C for FY 23-24 as amended by Notification 12/2024 dated 10th July 2024(with recording)
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