TaxTMI 
TaxTMI 
TaxTMI 
Accurate determination of the date of shipment or dispatch is crucial in international trade, as it affects compliance with import and export regulations, the validity of trade documents, fulfillment of contractual obligations, and eligibility for benefits under the Foreign Trade Policy (FTP). The following guidelines lay down the basis for reckoning the date of shipment or dispatch in respect of both imports and exports.
HBPPara 11.11 - Date of Shipment/Dispatch in Respect of Imports
The date of shipment or dispatch for imports shall be determined according to the mode of transportation used. The following norms apply:
S. No. | Mode of Transportation | Date of Shipment / Dispatch |
(i) | By Sea | The date affixed on the Bill of Lading. |
(ii) | By Air | The date indicated on the Airway Bill, provided it represents the date on which goods left the last airport in the country of export. |
(iii) | From Land-Locked Countries | The date of dispatch of goods by rail, road, or other recognized mode of transport to the consignee in India on a consignment basis. |
(iv) | By Post Parcel | The date stamp of the office of dispatch on the packet or dispatch note. |
(v) | By Registered Courier Service | The date affixed on the Courier Receipt or Waybill. |
(vi) | By Multimodal Transport | The date of handing over goods to the first carrier, as indicated in the Combined Transport Bill of Lading. |
HBPPara 11.12 - Date of Shipment/Dispatch in Respect of Exports
The determination of the date of shipment or dispatch for exports also depends upon the mode of transportation. The relevant provisions are as follows:
S. No. | Mode of Transportation | Date of Shipment / Dispatch |
(i) | By Sea | (a) For bulk cargo, the date of Bill of Lading or date of Mate’s Receipt, whichever is later.(b) For containerised cargo, the date of Onboard Bill of Lading or Received for Shipment Bill of Lading, as stipulated in the Letter of Credit (L/C). For exports through Inland Container Depots (ICDs), the date of Bill of Lading issued by shipping agents after customs clearance and loading of export goods in the ICD shall apply.(c) For LASH barges, the date of Bill of Lading evidencing loading of export goods on board. |
(ii) | By Air | The date mentioned by the appropriate Officer of Customs on the Shipping Bill, evidencing the loading or handing over of goods to the air cargo complex (including non-international airports) or indicated by rotation of flight number and date. |
(iii) | By Post Parcel | The date stamped on the postal receipt. |
(iv) | By Rail | The date mentioned on the Railway Receipt (RR). |
(v) | By Registered Courier Service | The date affixed on the Courier Receipt or Waybill. |
(vi) | By Road | The date on which goods cross the Indian border, as certified by the Land Customs Authorities. |
Special Provisions
(a) If procedural or policy provisions are modified to the disadvantage of exporters, such changes shall not apply to consignments already handed over to Customs for examination and subsequent export up to the date of the Public Notice or Notification.
(b) Where goods are handed over to Customs authorities before the expiry of the export obligation period, but the actual export occurs after expiry, such exports shall still be considered within the export obligation period and counted towards the fulfillment of the export obligation.
(c) For the purposes of availing benefits under the Foreign Trade Policy (FTP), the reckoning of shipment or dispatch dates will be as per the guidelines outlined above.
Conclusion
The precise determination of the date of shipment or dispatch plays a pivotal role in ensuring compliance with trade regulations, maintaining documentary accuracy, and securing trade benefits. By adhering to the above norms, importers and exporters can safeguard their transactions, meet their contractual and policy obligations, and avoid potential disputes or disqualification from export incentives.