Issues related to carriage of coastal cargo from one Indian port to another port in foreign going vessels/coastal vessels through foreign territory
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....reign going vessels/coastal vessels through foreign territory-regarding. Central Board of Indirect Taxes and Customs (CBIC) has received references in relation to different issues concerning coastal movement such as movement of coastal goods through foreign territory, use of EXIM containers for carrying coastal goods, use of local or domesticated containers for transportation of EXIM cargo. 2. The issues have been examined by the Board and after careful consideration, it has been decided as follows: 2.1. Movement of Coastal Goods through foreign territory of Sri Lanka & Bangladesh: (a) Kind attention is invited to Sea Cargo Manifest and Transhipment Regulations, 2018. The said regulations, inter-alia, provide for the procedures for tr....
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....ment of Containerized Coastal Goods, or vehicles and other class of non-containerised Coastal Goods to be specified from time to time (herein after referred as coastal goods), whether or not calling at any port in these countries, subject to the following conditions: Procedure: (i) The consignor of the coastal goods intended for movement from one port in India to another Indian port through the foreign territories of Sri Lanka or Bangladesh, as well as person-in-charge of the vessel shall follow the procedure stipulated in Transportation of Goods (Through Foreign Territory) Regulations, 1965. The consignor of the said goods shall not be required to file the Bill of Coastal Goods (Refer Notification. No. 424/76- Cus., dated 23-10-1976 as....
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....e-seal before being loaded on to the vessel. (v) Non-containerised cargo shall also be allowed to be loaded on to the vessel provided it is clearly marked on the goods or the packing thereof 'For Coastal Carriage through foreign territory' to make it easily identifiable. (vi) The Master of the vessel shall not permit the loading of such coastal cargo unless the Bill [in the form specified in Appendix A to Transportation of Goods (Through Foreign Territory) Regulations, 1965] duly passed along with the permission of the proper officer to load the coastal goods is received by him. On receipt of the documents, the master shall prepare the manifest in triplicate. (vii) The master of vessel shall also furnish e-Way Bill details (if applica....
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....iners for which the seals are found to be tampered with. (xii) In case of any tampering of seals or any discrepancy, the matter shall be reported to the Deputy/Assistant Commissioner, who may adjudicate the matter after issue of show cause notice. The procedures as applicable for non-coastal cargo will apply mutatis mutandis to deal with such situation. (xiii) Notwithstanding anything mentioned above, no goods, export of which is prohibited under the Customs Act, 1962 or any other law in force, shall be allowed to be transited through foreign territory under this procedure. (xiv) The vessels carrying coastal goods may also carry EXIM/empty containers subject to the observance of the procedure as applicable; (xv) This procedure is ap....
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....iners availing benefit of notification No. 104/94 dated 16.03.1994 for the purpose of carrying domestic cargo during the stipulated period of 6 months or the extended period as may be allowed pending re-export of the same. 2.2.4 Further, as a consequence to the permission given in foregoing para, there should not be such condition in the bond submitted for availing the benefit under notification No. 104/94 dated 16.03.1994, which restricts the use of the containers for carrying domestic cargo after importation. 2.3. Use of local or domesticated containers for transportation of EXIM cargo: 2.3.1 Board has received representation from INSA pointing out absence of level playing field between the tax treatment on EXIM containers owned by for....