TaxTMI 
TaxTMI 
TaxTMI 
GENERAL PROVISIONS REGARDING IMPORTS AND EXPORTS
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....ic People's Republic of Korea (DPRK), to / from DPRK is prohibited: All items, materials equipment, goods and technology including as set out in lists in documents S/2006/814,S/2006/815 and S/2006/ 853 (United Nations Security Council Documents) which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes. 2.1.3 Direct or indirect export and import of all items, materials, equipment, goods and technology which could contribute to Iran's enrichment-related, reprocessing or heavy water related activities, or to development of nuclear weapon delivery systems, as mentioned below, whether or not originating in Iran, to / from Iran is prohibited: (i) items, listed in INFCIRC/254/Rev8/Part I in document S/2006/ 814, in Sections B.2 to B.7 as well as A.I and B.I except supply, sale or transfer of equipment covered by B.I when such equipment is for light water reactors and low-enriched uranium covered by A.1.2 when it is incorporated in assembled nuclear fuel elements for such reactors; (ii) items listed in S/2006/815 except supply sale or transfer of items covered by 19.A.3 of Category II. Above-mentioned UN Securi....
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.... trademarks and copyrights and the prevention of deceptive practices. Iv Prevention of use of prison labour. v Protection of national treasures of artistic, historic or archaeological value. vi Conservation of exhaustible natural resources. vii Protection of trade of fissionable material or material from which they are derived; and viii Prevention of traffic in arms, ammunition and implements of war. Restricted Goods 2.7 Any goods, export or import of which is restricted under ITC(HS) may be exported or imported only in accordance with an Authorisation or in terms of a public notice issued in this regard. Terms and Conditions of a licence / Certificate / Permission / Authorisation 2.8 Every Authorisation shall be valid for prescribed period of validity and shall contain such terms and conditions as may be specified by RA, which may include: (a) Quantity, description and value of goods; (b) Actual User condition; (....
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....ional Conventions. Trade with Russia under Debt-Repayment Agreement 2.15 In case of trade with Russia under Debt Repayment Agreement,DGFT may issue instructions or frame schemes as may be required,and anything contained in FTP, in so far as it is inconsistent with suchinstructions or schemes, shall not apply. Actual User Condition 2.16 Capital goods, raw materials, intermediates, components, consumables, spares, parts, accessories, instruments and other goods, which are importable without any restriction, may be imported by any person. However, if such imports require an Authorisation, actual user alone may import such goods unless actual user condition is specifically dispensed with by RA. Second Hand Goods 2.17 All second hand goods, except second hand capital goods, shall be restricted for imports and may be imported only in accordance with provisions of FTP, ITC (HS), HBP v1, Public Notice or an Authorisation issued in this regard. Import of second hand capital goods, including refurbished / re-conditioned spares shall be allowed freely. However, second hand personal computers / laptops, ph....
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....p; 2.23 After completion of projects abroad, project contractors may import, without an Authorisation used goods including capital goods provided they have been used for at least one year. Sale on High Seas 2.24 Sale of goods on high seas for import into India may be made subject to FTP or any other law in force. Import under Lease Financing 2.25 Permission of RA is not required for import of capital goods underlease financing. Clearance of Goods from Customs 2.26 Goods already imported / shipped / arrived, in advance, but not cleared from Customs may also be cleared against an Authorisation issued subsequently. Execution of BG / LUT 2.27 Wherever any duty free import is allowed or where otherwise specifically stated, importer shall execute prescribed LUT / BG /Bond with Customs Authority before clearance of goods. In case of indigenous sourcing, Authorisation holder shall furnish LUT / BG / Bond to RA concerned before sourcing material from indigenous supplier / nominated agency a....
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....quently but within contracted warranty period of such goods, subject to approval of RBI. Third Party Exports 2.34 Third party exports, as defined in Chapter 9 shall be allowed under FTP. Export of Imported 2.35 Goods imported, in accordance with FTP, may be exported in same Goods or substantially same form without an Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS). Exports of such goods imported against payment in freely convertible currency would be permitted against payment in freely convertible currency. 2.36 Goods, including those mentioned as restricted for import (except prohibited items) may be imported under Customs Bond for export in freely convertible currency without an Authorisation, provided that item is freely exportable without any conditionality / requirement of Licence / permission, as may be required under ITC (HS) Schedule II. Export of Replacement Goods 2.37 Goods or parts thereof, on being exported and found defective /dam....
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....rdance with provisions of FT (D&R) Act, Rules and Orders made there under and FTP. Free movement of export goods 2.42 Consignments of items meant for exports shall not be withheld /delayed for any reason by any agency of Central / State Government. In case of any doubt, authorities concerned may ask for an undertaking from exporter. No seizure of Stock 2.42.1 No seizure of stock shall be made by any agency, so as to disrupt manufacturing activity and delivery schedule of exports. In exceptional cases, concerned agency may seize the stock on basis of prima facie evidence. However, such seizure should be lifted within 7 days. Export Promotion Councils (EPC) 2.43 Basic objective of Export Promotion Councils (EPCs) is to promote and develop Indian exports. Each Council is responsible for promotion of a particular group of products, projects and services as given in HBP v1. Registration -cum- Membership Certificate (RCMC) 2.44 Any person, applying for: (i) an Authorisation to import / export, [except items listed as restricted items in ITC(HS)] or (ii) any other benefit or concession under FTP shall be required to f....
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.... Tax in DTA 2.48.1 For all goods and services which are exported from units in DTA and units in EOU / EHTP / STP / BTP, exemption / remission of service tax levied and related to exports, shall be allowed, as per prescribed procedure in Chapter 4 of HBP v1. Exemption from Service Tax in SEZ 2.48.2 Units in SEZ shall be exempted from service tax. Exemption from Service Tax on Services received abroad 2.48.3 For all goods and services exported from India, services received /rendered abroad, where ever possible, shall be exempted from service tax. GRIEVANCE REDRESSAL DGFT as a facilitator of exports / imports 2.49 DGFT has a commitment to function as a facilitator of exports and imports. Focus is on good governance, which depends....