job work from china

[ramswaroop vyas]

Dear Experts,

We have imported machine from china and paid all the duties and subsequently taken cenvat credit as per capital goods norms.

after installation we found machine were damage and now we need to sent these machine back to china for rework.

can anybody guide us what procedure can be followed as the same machine will come after repairing.

regards

ram

[YAGAY andSUN]

You need to apply for an GR Waiver from you banker in this regard that machine is being sent back to china for repair purpose and there would not be any foreign exchange involved. On the invoice/ARE-1/Shipping Bill this phrase must be incorporated and reference of GR Waiver must be incorporated. After getting the goods duly repaired you would have to pay the customs duty on such charges and need to submit the Bill of Entry ( exchange control copy) to your banker. Proof of export needs to be submitted within six months along with copy of proof of re-importation into India to the concerned Central Excise Authority.

[Malay pota]

Dear Mr.Vyas

I wish to add some points to YAGAY AND SUN reply.At the time of sending back the machine you should take care that there should be identification mark on the machine like Machine Number or other identification mark. The Mark should be non erasable or removable during the repairing of the machine in China.The mark is required to prove to the Customs authorities at the time of re import of machine after repair that the Machine which was exported for repair is re imported after repair.The number should be mentioned in the shipping bill so that you can produce the same at the time of re import. If at the time of re import it is not so proved you will have to pay Customs duty on the value of Machine also.You need to writ a declaration in the invoice that 'The machine imported is being re exported for the purpose of Rapier and after repair the same will be re imported. There is no Foreign Exchange Involved and there is no commercial value, the value shown in the invoice is for Customs Purpose only'.

AI Summary

Re-export for repair: obtain GR waiver, document identification and shipping, and submit proof to limit customs duty to repair charges. Re-export of imported capital machinery for repair requires a GR waiver from the bank confirming no foreign exchange is involved, inclusion of that reference and an explanatory phrase on invoice/ARE-1/Shipping Bill, and a non-removable identification mark recorded in the Shipping Bill. After repair, customs duty is payable on repair charges and a Bill of Entry (exchange control copy) must be submitted to the banker. Proof of export within six months and evidence of re-importation must be furnished to Central Excise; without such proof, duty may be imposed on the machine's value. A declaration on the invoice noting re-export for repair and no commercial value is advised.