New Customs Regulations
Customs
Act
Customs duty
Goods
Types of duties
Classification
Valuation
Import and export
Import procedure
Export procedure
Exemption
Export incentives
Warehousing
Baggage
General allowance
Concessions
Tourist concessions |
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Baggage
Baggage includes unaccompanied baggage but does not include
motor vehicles. The Central Government has framed rules
for prescribing conditions for clearing baggage. The owner
of any baggage has to make a declaration of its contents
to the Customs Officer. Customs duty is payable on baggage
at the rate and valuation in force on the date of declaration.
If a person has no dutiable goods in his baggage, he can
go through the green channel. A person carrying dutiable
goods must go through the red channel and must declare
the dutiable goods carried by him. Once these goods are
assessed, he must pay the duty demanded and obtain clearance
for the goods.
Baggage is classified in Customs Tariff under Chapter
98.03. as "All dutiable articles, imported by passenger
or member of crew in his baggage". General tariff rate
is 150%. However, effective rate specified by notification
is 50% w.e.f. 1st March, 1997. Notification No 136/90-Cus
dt. 20.3.90 as amended]. In addition, following duties
are payable :-
- 5% special duty
- 4% Special Additional Duty (SAD). SAD is payable on
AssessableValue + Special Duty + CVD
No additional duty (CVD) is payable. Total duty is payable
after deducting the value of free allowances. Therefore,
if value of article is Rs. 1000, basic duty will be Rs.
500 and special duty will be Rs. 50. SAD will be 4 % of
(1000+500+50) i.e. Rs. 62.
Baggage does not include motor vehicles, liquor, cigarettes
in excess of prescribed limits and firearms.
A concessional rate is available in the following cases
:-
- An Indian passport holder returning to India after
working and staying abroad for at least 365 days in last
two years is eligible for this concession. The concessional
rate of duty is of 25 % (basic) + 5 % (special) + 4 %
(SAD). The person is eligible for the concessional rate
on CTV, VCR, VCP, cooking range, washing machines, A/C,
PC, dish washers, musical systems, refrigerator, deep
freeze, micro-wave oven, video camera, word processing
machine and fax machine on one unit of these articles
per family upto total value of Rs. 30,000, inclusive
of value of other goods imported duty free. This concession
is available only if the articles were in his possession
or were purchased at an International airport in a duty
free shop at the time of his arrival but before customs
clearance. This concession is also available to un-accompanied
baggage despatched later within prescribed period.
- Concession for transfer of residence : A person transferring
his residence to India for at least one year after stay
abroad for two years is eligible for concession upto
value of Rs. 1.50 lakhs exclusive of value of his personal
effects and other household articles. Duty is 25% of
5% special plus 4% SAD. Passenger has to declare that
no other person of his family has availed this benefit.
- Gold brought as baggage by a passenger of Indian origin
holding Indian passport upto 10 Kg is chargeable to duty
of Rs.400 per 10 Gms. No special duty, SAD or CVD is
payable. Gold can be brought in any form, including liquid
gold except foreign currency coins and jewellery studded
with stones or pearls. The person should have been staying
abroad for over six months. Duty can be paid in Indian
Rupees or convertible foreign currency. Out of the period
of 6 months, short visits upto 30 days are permitted,
if the concession was not availed on these short visits.
It is not necessary that the Gold must be owned by the
passenger. Gold can be brought along with him or can
be imported within 15 days of his arrival in India. The
gold so obtained can be sold in India, provided that
payment for the same is obtained by cheque in Indian
rupees. Gold can also be imported by State Trading Corporation,
Metals and Minerals Trading Corporation, HHEC and approved
nationalised banks for sale within India. They have to
pay duty of Rs. 400 per 10 Gms. in Indian Rupees.
- Silver brought as baggage by a passenger of Indian
origin holding Indian passport upto 100 Kg is chargeable
to duty of Rs. 500 per Kg, if the person was staying
abroad for over six months. Duty can be paid in Indian
Rupees or convertible foreign currency. No special duty,
special or CVD is payable. Silver can be brought in any
form, including medallions, coins and jewellery, except
foreign currency coins and jewellery studded with stones
or pearls. Out of the period of 6 months, short visits
upto 30 days are permitted, if the concession was not
availed on such short visits. It is not necessary that
the Silver must be owned by the passenger. The silver
so obtained can be sold in India, provided that payment
for the same is obtained by cheque in Indian rupees.
Silver can also be imported by State Trading Corporation,
Metals and Minerals Trading Corporation, HHEC and approved
nationalised banks for sale within India. They have to
pay duty of Rs. 500 per Kg in Indian Rupees.
- Import for personal use : Dutiable articles imported
by air or post, but not as baggage, intended for personal
use, which are not prohibited under Foreign Trade (Development
and Regulation) Act are chargeable to duty at 50%, plus
2% special duty. The goods are exempt from additional
duty. This clause covers goods sent by post or air by
a person abroad to another person in India.
- Gifts from abroad upto Rs. 2,000 of goods whose import
is not prohibited can be imported without duty provided
they are not brought as "baggage".
- Exempt Baggage The following baggage is exempt from
customs duty:-
- Personal property which is re-imported
- Free replacement under warranty of private personal
goods of passenger
- Foodstuffs upto Rs. 50,000
- Free gifts and donations to Red Cross, CARE or Government
of India for relief and rehabilitation
- Samples, price lists, prototypes, commercial samples
etc.
- Goods brought for display, exhibition, fair etc., subject
to various conditions
- Agricultural products or goods manufactured or produced
in Nepal.
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