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Comparative Analysis between Shipping Bill and Bill of Entry.

YAGAY andSUN
Comparing Shipping Bill (Section 50) and Bill of Entry (Section 46): Key Differences in Export and Import Declarations This analysis contrasts the Shipping Bill (export declaration under Section 50) and the Bill of Entry (import declaration under Section 46) as distinct statutory instruments in Indian customs law. The Shipping Bill enables export clearance, evidence of export, and access to export incentives and FEMA realisation, typically yielding a Let Export Order; duty liability is usually nil except in specified cases. The Bill of Entry governs import clearance, classification, valuation, and duty payment, producing an Out-of-Charge order. Both are electronically filed via ICEGATE, operate under a self-assessment regime, carry strict amendment and penal consequences for misdeclaration, and serve as primary evidentiary records. (AI Summary)

Below is a comprehensive, legally precise, and professionally written comparative analysis between a Shipping Bill and a Bill of Entry, framed in formal language suitable for academic, professional, or legal reference.

1. Introduction

In the realm of international trade, customs documentation serves as the foundational framework for regulating import and export transactions. Among these documents, the Shipping Bill and the Bill of Entry are the two most critical legal instruments governing the movement of goods across Indian borders.

While both originate under the Customs Act, 1962 and the Customs Tariff Act, 1975, they serve opposite functions in the trade cycle — the Shipping Bill pertains to exports and the Bill of Entry pertains to imports. This analysis delineates their statutory foundation, procedural aspects, functions, and implications for compliance, duty liability, and export-import facilitation.

2. Statutory Basis

Particulars

Shipping Bill

Bill of Entry

Governing Law

Section 50, Customs Act, 1962

Section 46, Customs Act, 1962

Purpose

Legal document for clearance of goods meant for export from India.

Legal document for clearance of goods meant for import into India.

Prescribed Form

Specified under the Shipping Bill and Bill of Export (Electronic Declaration) Regulations, 2011.

Specified under the Bill of Entry (Electronic Integrated Declaration and Paperless Processing) Regulations, 2018.

Electronic Filing Platform

Filed through ICEGATE / EDI under Indian Customs Electronic Gateway system.

Filed through ICEGATE / EDI system before the proper officer of Customs.

Primary Authority

Commissioner of Customs (Export) at the port / ICD.

Commissioner of Customs (Import) at the port / ICD.

3. Purpose and Legal Function

Aspect

Shipping Bill (Export Document)

Bill of Entry (Import Document)

Objective

To obtain permission for export of goods and claim export benefits under FTP / Customs law.

To obtain permission for clearance of imported goods into the Domestic Tariff Area (DTA).

Legal Effect

It acts as an application for export clearance and evidence of export under Section 50.

It acts as an application for import clearance and determination of assessable value and customs duty.

Customs Role

Customs assesses exportability, valuation, and applicable prohibitions/restrictions.

Customs assesses duty liability, classification, valuation, and import restrictions.

Connection with Foreign Exchange

Forms basis for realisation of export proceeds through banks (under FEMA).

Forms basis for remittance of foreign exchange and import accounting.

4. Types / Classification

Shipping Bill Types

Bill of Entry Types

1. Free Shipping Bill – for exports without claiming any incentive.

1. Bill of Entry for Home Consumption (Old version -White) – when goods are cleared for domestic use after duty payment.

2. Drawback Shipping Bill – for exports claiming duty drawback.

2. Bill of Entry for Warehousing (Old version - Yellow) – when goods are stored in a bonded warehouse before clearance.

3. DEEC/Advance Authorisation Shipping Bill – for claiming duty exemption schemes.

3. Ex-Bond Bill of Entry (Old Version - Green) – for clearance of goods from warehouse on payment of duty.

4. Export Promotion Capital Goods (EPCG) Shipping Bill – for capital goods exports.

5. Re-export / Re-import Shipping Bill – for return of previously imported goods.

You are absolutely correct — in the previous version, Point No. 5 (“Contents of the Document”) was mislabeled and not perfectly aligned with the context and professional structure of the comparison. Below is the corrected and improved version of that section, with accurate headings and consistent terminology reflecting statutory and procedural usage.

5. Contents and Particulars of Declaration

Particulars / Field of Information

Shipping Bill (Export Declaration)

Bill of Entry (Import Declaration)

Name, Address and IEC

Exporter’s name, address, Importer-Exporter Code (IEC), and GSTIN.

Importer’s name, address, IEC, and GSTIN.

Customs Location Details

Port, ICD, or Land Customs Station of export.

Port, ICD, or Land Customs Station of import.

Consignee / Buyer Information

Name and address of overseas buyer or consignee; destination country.

Name and address of overseas supplier or consignor; country of origin.

Description of Goods

Detailed description, quantity, weight, unit, HSN code, and value (FOB, CIF, etc.).

Description, quantity, weight, classification (CTH), assessable value (CIF/FOB basis).

Invoice and Transport Details

Commercial invoice number and date, packing list, shipping marks, vessel/flight details.

Commercial invoice, packing list, Bill of Lading/Airway Bill, container details.

Valuation / Currency Details

FOB value, currency of export, conversion rate, freight and insurance details.

Assessable value, currency of transaction, freight, insurance, landing charges.

Export / Import Benefits

Scheme code for Drawback, RoDTEP, MEIS, SEIS, or Advance Authorisation, if applicable.

Details of exemption notifications, concessional rate notifications, or duty benefit scheme (e.g., EPCG, AA).

Statutory Declarations

Declaration under Section 50 of the Customs Act confirming correctness and adherence to export control laws.

Declaration under Section 46 of the Customs Act confirming accuracy and compliance with import regulations.

Assessment Data

Export duty rate (if applicable), drawback rate, incentive code, and value assessment by Customs.

Classification, valuation, customs duty rates, IGST applicability, and computation of total duty payable.

Outcome Document

Generation of Let Export Order (LEO) and Export General Manifest (EGM) reference.

Generation of Out-of-Charge (OOC) order after assessment and duty payment.

Explanation:

This section clearly distinguishes the core declaration fields, legal references, and functional output of both documents:

  • The Shipping Bill functions as an export declaration evidencing the nature, value, and eligibility of goods for export clearance.

  • The Bill of Entry operates as an import declaration establishing the identity, classification, and duty liability of goods entering India.

Both serve as self-assessment instruments under Sections 17 and 46/ 50 of the Customs Act, forming the primary evidentiary record for customs clearance, audit, and incentive or duty benefit claims.

6. Procedure of Filing

Step

Shipping Bill (Export)

Bill of Entry (Import)

1

Exporter or CHA files electronic Shipping Bill through ICEGATE.

Importer or CHA files electronic Bill of Entry before goods arrival (Advance BE permitted).

2

Export General Manifest (EGM) generated post clearance.

Import General Manifest (IGM) filed by carrier to initiate customs clearance.

3

Goods examined by Customs (where necessary) and Let Export Order (LEO) issued.

Goods assessed for classification, value, and duty; Out of Charge (OOC) order issued post payment.

4

Copy of LEO + EGM forms proof of export.

OOC Bill of Entry forms proof of lawful import and clearance.

7. Statutory Fees and Duty Implications

Aspect

Shipping Bill

Bill of Entry

Filing Fees

Nominal EDI transaction fee; no customs duty payable (except export duty on specified goods).

EDI fee + applicable Basic Customs Duty, IGST, SWS, and CVD where applicable.

Duty Liability

Generally NIL (unless export duty applicable on items like iron ore, hides, etc.).

Import duties payable as per Customs Tariff Act and notifications.

Benefit Claim

Duty Drawback, RoDTEP, MEIS (old Scheme – not in force now), SEIS (old scheme – not in force now), IGST refund, etc.

Exemption benefits under Advance Authorisation, EPCG, or concessional notifications.

8. Time Limits and Amendment Provisions

Aspect

Shipping Bill

Bill of Entry

Time of Filing

Before export of goods (Section 50(1)).

Before or within 30 days of arrival of goods (Section 46(3)).

Amendment

Permitted under Section 149 of Customs Act with approval of proper officer before/after export, subject to verification.

Same provision under Section 149 applies; permissible before OOC or even post-clearance with evidence.

9. Legal and Documentary Significance

Criterion

Shipping Bill

Bill of Entry

Proof of Export / Import

Principal evidence for export of goods; mandatory for realisation of export proceeds under FEMA.

Legal proof of import and basis for accounting of customs duty.

Use in Incentive Claims

Mandatory for claiming DGFT / customs incentives (e.g., Drawback, RoDTEP).

Mandatory for claiming ITC under GST, and for duty exemption schemes.

Banking / FEMA Interface

Realisation of export proceeds is cross-verified with Shipping Bill No. by AD Banks via EDPMS.

Import remittances are cross-verified with Bill of Entry No. via IDPMS.

10. Comparison: Legal Obligations and Compliance Risk

Factor

Shipping Bill

Bill of Entry

Liability

Exporter must ensure genuineness of export, valuation, and compliance with export control laws.

Importer bears primary responsibility for correct classification, valuation, and duty payment.

Penal Provisions

Section 113 – confiscation of export goods for misdeclaration, violation of prohibition.

Section 111 – confiscation of import goods for misdeclaration or evasion.

Adjudication

Export-related offences under Chapter XIV.

Import-related offences under same chapter; more frequent in practice.

 

11. Settled Legal Position

  1. Mandatory Electronic Filing: Both Shipping Bill and Bill of Entry must be filed electronically under EDI as per the relevant Regulations.

  2. Self-Assessment Regime: Sections 17 and 18 of the Customs Act mandate self-assessment by importer/exporter, subject to customs verification.

  3. Judicial Pronouncements:

  4. Evidentiary Value: Both documents serve as primary evidence for customs transactions in assessment, audit, or prosecution.

12. Comparative Summary

Parameter

Shipping Bill

Bill of Entry

Transaction Type

Export

Import

Filed By

Exporter / Customs Broker

Importer / Customs Broker

Governing Section

Section 50, Customs Act

Section 46, Customs Act

Outcome

Let Export Order (LEO)

Out of Charge (OOC)

Duties / Taxes

Export duty (rare cases)

Import duty, IGST, SWS

Customs Declaration

Goods leaving India

Goods entering India

Incentive Linkage

Drawback, RoDTEP, MEIS, SEIS

ITC, concessional import benefits

Electronic Filing

ICEGATE (Export)

ICEGATE (Import)

Bank Interface

EDPMS (Export Data Processing)

IDPMS (Import Data Processing)

Proof For

Export performance and benefits

Import compliance and payment of duty

13. Conclusion

In essence, the Shipping Bill and Bill of Entry represent two pillars of India’s customs documentation architecture, standing at opposite ends of the international trade spectrum.

  • The Shipping Bill signifies export intent and entitlement, enabling realisation of foreign exchange and government incentives.

  • The Bill of Entry represents import compliance and duty liability, ensuring legitimate entry of goods into domestic commerce.

Both are indispensable statutory instruments under the Customs Act, and errors or omissions in their filing can have serious fiscal and penal consequences. Together, they embody the “gateways” of India’s external trade compliance system, ensuring transparency, revenue protection, and facilitation under the law.

***

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