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Taxation of excess ocean freight etc

28 January 2023

We are exporting Machinery equipments under CIF / CFR delivery terms and making a very good profit margin under the heads Freight and Insurance vis a vis respective amount actually declared in Shipping Bill. This profit margin is in addition to our normal business profit wrt cargo parcel invoicing.

Does it anyway violate Customs, FEMA, Income Tax Rules?

Kindly guide.

Thanks & Regards,

Jayanta Bandyopadhyay

West Bengal

28.01.2023

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4 Replies

Aisha (Finance Professional) (8099 Points)
Replied 28 January 2023

In general, CIF and CFR delivery terms require the seller to arrange and pay for the transportation of goods up to the port of destination, as well as the cost of insurance. It is not uncommon for sellers to include a profit margin on these costs as part of the overall sale price of the goods.

However, it is important to note that the Indian Customs regulations and Foreign Exchange Management Act (FEMA) require that the value, descripttion, and quantity of goods declared in the shipping bill and other export documents match the actual goods being exported. Misrepresenting or undervaluing the goods on export documents can result in penalties and fines under Customs and FEMA laws.

As for Income Tax rules, any profit made from the export of goods is generally considered as income from the business and is subject to income tax.