Some interesting posts on the conundrum of imports to India

murali

Well-Known Member
Joined
Oct 5, 2008
Messages
477
Points
63
Location
India
I found the following in another forum and this may be of interest to others, and to me almost like reading a John Grisham thriller!

Hi All,

I'm an Indian citizen. I have a friend in Italy who would like to send me a somewhat large piece of furniture as a gift (she's a furniture designer). She will be marking the shipment as a 'gift'. The item is for my personal use. The package is large, about 1.6m x 1.6m x 2.6m.

Her understanding is that I would need something like an 'import license' in order to receive the shipment. When I did some more research, I found out about something called an IEC (Import-Export code) number that I would need to obtain to receive it.

I spoke with the local DGFT (Directorate General of Foreign Trade) office briefly and he said that I would indeed need an IEC number to receive the package. But I forgot to ask about the "import license", and now they're closed until monday.

So my questions are:

1. The law says that items for personal use do not require me to have an IEC number. [Source: http://www.dgft.org/IEC_Code.html] Yet the DGFT guy said I would need one. What gives?

2. Is obtaining an IEC number different from obtaining an "Import License" ?

3. Do I need to have an Import License?

4. Why do people in positions of power make it difficult to do beautiful things like giving gifts?

Thanks to all who can chip in with useful advice!

Neville


Posts: 44,834 I don't think you need an import licence. Some of us have brought entire houses full of furniture here and never had such a thing.

It's a gift; you are not importing it. However, that does not mean it is exempt from customs duty etc. Your friend will have to declare its value: Indian customs may or may not agree!

People in power make these things expensive, if not difficult, for two reasons: to protect their tax revenue on locally sold items, and to protect the jobs and businesses of those making the item locally.


Posts: 38 I called up and spoke with the DGFT again for clarification. As is common in Indian offices, this time I heard a different tune from a different person. Here's the conversation:


"If you are using it for personal purposes and not for trading purposes, you can simply use the IEC number 0100000053, which is designated for such kind of imports. According to the law, you do not require any IEC code for yourself."

"It's a 600kg shipment. Won't Customs make a fuss over it?"

"If you can satisfy Customs that this is for your personal use and not for trading, they will not deny your the shipment."

"Is it safer that I get an IEC code?"

"See, if you want to get an IEC code as an individual then we will issue it. No problem. But I have explained the law."

"OK. What about an Import License? Do I need that?"

"No. Import license is not required in your case. That is only for restricted goods and other such special cases."

So the situation is pretty clear. My inclination is to have the item shipped to myself, marked as a "gift" and use the IEC code 0100000053 if required. That is completely legit according to the letter of the law.

The shipment will take about 15 days to arrive. In the mean time, I can obtain the IEC code for myself. In case Customs gets upset, they will send me a letter saying "We don't believe this is for personal use. Please send us your IEC number." Then I can send them my IEC number and they can release the shipment.

Neville



Still, I recommend you to use an agent to collect and clear your crate. Doing it yourself is a very tedious job.


Posts: 38 Quote:
Originally Posted by Nick-H
Good luck... I suspect you won't really need it and that all will be well.

Still, I recommend you to use an agent to collect and clear your crate. Doing it yourself is a very tedious job.

The Italian shipping company (it's coming from Italy) is supposed to have it delivered to our doorstep in Coimbatore. Do you mean I or someone else has to go to Chennai to receive the crate?

Posts: 44,834 No... if you, or the people sending the furniture, have paid for a door-to-door service, then that is what you should get: the guys this end will handle all the port and customs officials.

Posts: 1 i imported perfumes 20 botles cost 1500 rs as gift parcel, custom in ahmedabad is asking for IEC code, or they will charge penalty of 5000 rs and agency charge are 4000 rs cost, other receiptble cost 2000 rs, transportation cost 2000 . so total cost 13000 rs of 1500 rs value consignment. i cant see any LPG policy for unaware indian citizen
If IEC code is to protect goods not to been imported with out paying tax, than u can also charge tax on gift parcel if u suspect it for commercial use, y u need formality of IEC for first time importer.
law should be such that no deciding authority should be given to any individual, here custom commissioner is deciding authority, how to convince a rigid person that no one is going import 20 bottles of perfume for selling or commercial purpose.
i am sorry to say after this 3 tedious day passing through air port and still didn't get my package i am no more proud to be staying here.


murali
 
I found the following in another forum and this may be of interest to others, and to me almost like reading a John Grisham thriller!

Hi All,

I'm an Indian citizen. I have a friend in Italy who would like to send me a somewhat large piece of furniture as a gift (she's a furniture designer). She will be marking the shipment as a 'gift'. The item is for my personal use. The package is large, about 1.6m x 1.6m x 2.6m.

Her understanding is that I would need something like an 'import license' in order to receive the shipment. When I did some more research, I found out about something called an IEC (Import-Export code) number that I would need to obtain to receive it.

I spoke with the local DGFT (Directorate General of Foreign Trade) office briefly and he said that I would indeed need an IEC number to receive the package. But I forgot to ask about the "import license", and now they're closed until monday.

So my questions are:

1. The law says that items for personal use do not require me to have an IEC number. [Source: http://www.dgft.org/IEC_Code.html] Yet the DGFT guy said I would need one. What gives?

2. Is obtaining an IEC number different from obtaining an "Import License" ?

3. Do I need to have an Import License?

4. Why do people in positions of power make it difficult to do beautiful things like giving gifts?

Thanks to all who can chip in with useful advice!

Neville


Posts: 44,834 I don't think you need an import licence. Some of us have brought entire houses full of furniture here and never had such a thing.

It's a gift; you are not importing it. However, that does not mean it is exempt from customs duty etc. Your friend will have to declare its value: Indian customs may or may not agree!

People in power make these things expensive, if not difficult, for two reasons: to protect their tax revenue on locally sold items, and to protect the jobs and businesses of those making the item locally.


Posts: 38 I called up and spoke with the DGFT again for clarification. As is common in Indian offices, this time I heard a different tune from a different person. Here's the conversation:


"If you are using it for personal purposes and not for trading purposes, you can simply use the IEC number 0100000053, which is designated for such kind of imports. According to the law, you do not require any IEC code for yourself."

"It's a 600kg shipment. Won't Customs make a fuss over it?"

"If you can satisfy Customs that this is for your personal use and not for trading, they will not deny your the shipment."

"Is it safer that I get an IEC code?"

"See, if you want to get an IEC code as an individual then we will issue it. No problem. But I have explained the law."

"OK. What about an Import License? Do I need that?"

"No. Import license is not required in your case. That is only for restricted goods and other such special cases."

So the situation is pretty clear. My inclination is to have the item shipped to myself, marked as a "gift" and use the IEC code 0100000053 if required. That is completely legit according to the letter of the law.

The shipment will take about 15 days to arrive. In the mean time, I can obtain the IEC code for myself. In case Customs gets upset, they will send me a letter saying "We don't believe this is for personal use. Please send us your IEC number." Then I can send them my IEC number and they can release the shipment.

Neville



Still, I recommend you to use an agent to collect and clear your crate. Doing it yourself is a very tedious job.


Posts: 38 Quote:
Originally Posted by Nick-H
Good luck... I suspect you won't really need it and that all will be well.

Still, I recommend you to use an agent to collect and clear your crate. Doing it yourself is a very tedious job.

The Italian shipping company (it's coming from Italy) is supposed to have it delivered to our doorstep in Coimbatore. Do you mean I or someone else has to go to Chennai to receive the crate?

Posts: 44,834 No... if you, or the people sending the furniture, have paid for a door-to-door service, then that is what you should get: the guys this end will handle all the port and customs officials.

Posts: 1 i imported perfumes 20 botles cost 1500 rs as gift parcel, custom in ahmedabad is asking for IEC code, or they will charge penalty of 5000 rs and agency charge are 4000 rs cost, other receiptble cost 2000 rs, transportation cost 2000 . so total cost 13000 rs of 1500 rs value consignment. i cant see any LPG policy for unaware indian citizen
If IEC code is to protect goods not to been imported with out paying tax, than u can also charge tax on gift parcel if u suspect it for commercial use, y u need formality of IEC for first time importer.
law should be such that no deciding authority should be given to any individual, here custom commissioner is deciding authority, how to convince a rigid person that no one is going import 20 bottles of perfume for selling or commercial purpose.
i am sorry to say after this 3 tedious day passing through air port and still didn't get my package i am no more proud to be staying here.


murali

all of us should whining about the country we live in.
perhaps, we should be glad we do not live in tunisia or tin-pot libya
 
we should be glad we do not live in tunisia or tin-pot libya

For once I agree with you. Irrespective of what happens, I don't want to live as a second class citizen in some country. Here when I travel anywhere I feel at home.

I have dealt with the customs authorities many times and never had to pay bribe nor had any of my stuff confiscated. Once I imported nearly a 100,000$ of experimental equipment. An year later I transferred the equipment to another company, and broke all the rules. The authorities were very patient with me and explained what rules I had broken and how to make amends. Theoretically I should have been arrested and jailed, but the authorities waited for me to legally represent myself, submit my papers, and then released me of my obligations.

I have always found that the best way to beat the system is to follow the rules.

Though customs, like other departments, have corruption, I have respect for the work they do to protect our commercial borders.

Cheers
 
Last edited:
The other side of the coin, and Murali will have seen such queries on the same "other forum" is stuff like:

I want to bring two laptops into India.

-- The limit is one.

But what if I say one is for the work?

-- The limit is still one

But... ok, then what are the chances of getting caught?

and

I want to bring a dozen iPhones to India. They will all be presents for my family. Surely I don't have to declare them?

These are not straight quotes, I have made them up based on more than a few real-life examples.

But... I can't claim to have always headed for the red channel when, strictly, I should have done, any more than I can claim to alwise drive within speed limits!
 
Last edited:
Guys,
All I did was to quote some posts from "others" found interesting in another forum, nothing is mine. Nor am I in a fact-finding mission about the ethics and business practices, especially related to Customs. Everyone has his or her own experiences and cannot be used to generalise.
True, we are in India, not Libya or other similar places. Does it mean that we are beyond self-analysis and criticisms and have a clean slate? I understand when a dictator stashes away all the public money in a Swiss bank and hope that the Rs 3,000 crores moved recently by someone in our own country will be soon forgiven and forgotten and we will continue to uphold our moral values and mirages.

cheers.
murali
 
Murali
I agree that many things may be broken in our everyday life whether its dealing with Gov or otherwise. In this particular case, I assume your particular point to highlight is the one that is underlined and bolded. In this gentleman's case, would you agree that 20 bottles of perfume classifies as a gift? I am not big into perfume but to me it sounds like excess to be reasonably called a gift. The simplest thing to do if one wants to make it absolute is to simply charge tax on everything - gift, personal use, commercial shouldn't matter. After all how is anyone to reasonably decide the end use for it. Gifts are also taxable if it appears that the gift is of high value, how is the Gov to know whether the gift is really a gift and not just declared that way to avoid duty? I know that what you copied isnt your post but since you have expressed frustration with the customs procedures in the country in the past, I am wondering if you have a proposal for a more straight forward way ?

cheers
 
Everyone has his or her own experiences and cannot be used to generalise.
True, we are in India, not Libya or other similar places. Does it mean that we are beyond self-analysis and criticisms and have a clean slate?

Indeed not. The number of arrests, and the busting of an organisation, of people within the Customs service at Chennai airport show that all is not clean on their side of the fence.

From the personal ethics side, it is the old office-paper-clips question. Is it ok to bring home a few paper clips from work? Then how about a few packs of paper? How about a desk?
 
Follow HiFiMART on Instagram for offers, deals and FREE giveaways!
Back
Top