Can CDEC be given to Indian buyer and Seller? Can CDEC be given to Indian buyer and Seller?

2 years ago

I have a situation in which i as a buyer (Indian company) and Indian company as seller (importing from OEM) is asking for CDEC as they claim they have warehouse facility at customs and they have quoted cdec prices to us. Is it legal to give CDEC to them, generally we use CDEC for direct import. We have research setup.kindly guide

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
As per the Government Notification, CDEC is given only to imports for equipment for research purposes. However, you need to show that those equipment are not manufactured in India in order to claim CDEC. The CDEC is granted to qualified institutions, not to the buyer and sellers of OEMs.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Custom Duty Exemption Certificate (CDEC) can only be given to Importers and not to Indian Sellers and Buyers and if you do that then it will be illegal I think and all of you will be in trouble and hence be sure before doing anything like that.
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Anik

Responded 2 years ago

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A.Hi,
In the case of imports for research Institutions, the exemption is only granted to the qualifying institutions and not to the agents of OEM suppliers. However certain exceptions are always made.
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