NO GR /EDF Waiver

[Guest]

Initial import was found defective and sent to Italy for repair under GR Waiver, When reimported, again found defective. This time Foreign Party wants to utilise their Indian arms to lift the materials from Importer's warehouse and arrange a replacement on DDP basis where we need not for GR/EDF Waiver

Is it permissible -Please guide

[YAGAY andSUN]

Yes, it is permitted transaction. However, you need to keep you AD in loop for issuance of GR Waiver and for closure of IDPMS and EDPMS accurately.

[Guest]

Sir

Initially, foreign equipment supplier mentioned about repair-refurbishment -accordingly, we mentioned and Bank issued EDF -GR Waiver certificate

Now, there is a major overhaulment-could be improved version and party is billing Euro 160000 i.e. ₹ 1.3 Crore approx. None will believe it as fair repair cost

What is the way out? There will be matching identification issue

Kindly guide

Regards,

Jayanta bandyopadhyay

31/8/2020

[Guest]

Foreign Vendor now mentions that it is a major overhauling - almost a new equipment costing Euro 200000 i.e. ₹ 1.60 Crores above

Does RBI's Master Policy-EDF / GR Waiver pemits such a complete upgradation or it is only for minor repair- as No forex involvement declaration given at the time of application now goes over a toss

Kindly guide

Rgds

Jayanta Bandyopadhyay

Kolkata

28/9/2020

AI Summary

GR Waiver permissibility for repaired or replaced imports requires AD issuance and accurate reporting; overhaul may breach waiver scope. Whether reimported defective equipment repaired abroad and replaced or upgraded via the supplier's Indian affiliate qualifies under a GR Waiver/EDF repair waiver: it can be permitted if the authorised dealer issues the GR Waiver and IDPMS/EDPMS are closed accurately. However, if the work amounts to a major overhaul or near-new upgrade rather than minor repair, the RBI Master Policy and original forex-declaration position may be implicated, raising valuation and identification issues requiring disclosure to and clearance by the AD.