Custom - A facebook friend gifted me some items Custom - A facebook friend gifted me some items

8 months ago

A facebook friend gifted me some items and 10000 pounds from uk in a parcel clearance amount charged 28500.00and then told that foreign currency exchange charge 68000.00 also pay. What is legal process

Anik

Responded 8 months ago

View All Answers
A.Dear client,
You need the following documents and have to comply to the following procedure
IGM ( Filing Import General Manifest)
The procedures to file IGM (Import General Manifest) are done by the carrier of goods or his agent and can be done electronically before the goods arrive/reach. This file contains all the details of the goods imported by the vessel.
Operations on post verification
On review of the IGM( Import General Manifest) and the post verification of the documents, the customs authorities will grant the goods for entry and will assign an IGM number to the manifest and permit the master to bring the vessel to this land and unload the cargo.
As the vessel arrives, the goods will further remain in the custody of the Custodian until it clears the entire customs procedure. A custodian can be a person that has been approved by the Principal Commissioner or by the Commissioner of Customs for this whole procedure. Imported goods can be unloaded if they fulfill certain conditions.
Bill of Entry
The importer should comply with the import customs clearance formalities as the goods arrive at the customs station. For the other goods that are offloaded, importers can clear the goods for home consumption after payment of duties.
Hence, every importer must file in Section 46 an entry (Bill of entry) for home consumption or warehousing.
If the clearance of the goods is from the EDI system, then there will be no formal Bill of Entry filed that will be generated in the computer system, but it is mandatory for the importer to file a cargo declaration having prescribed particulars that are required for the customs clearance processing.
The Bill of entry, wherever filed, is to be given in a certain set, as different copies are meant for the different meanings and also come in different color schemes. On the body, generally, the purpose for which it will be used is clearly mentioned in the case of a non-EDI declaration.
The importer who wants to clear the goods for consumption has to file a Bill of entry in 4 copies, in which the original and the duplicate are for customs, the 3rd copy for the importer, and the 4th copy is for the bank for making remittances.
There are documents required for the non-EDI system like the Signed invoice, Bill of Lading or Delivery Order/Airway Bill, License wherever necessary, Letter of Credit/Draft/wherever it is necessary, Insurance related document, Industrial License, if required, Test report in case of chemicals, Adhoc exemption order, DEEC Book/DEPB in original, Certificate of Origin, etc.
When you are filing the Bill of entry and giving your information, you have to keep in mind the correctness of the particulars, and it has to be also certified by the importer in the form of a declaration that can be done at the foot of the Bill of entry.
But in case of, any misdeclaration or incorrect declaration by the importer may lead to legal consequences. So all the precautions should be taken care of by the importer while signing/mentioning all the information and the declarations.
Under the Electronic Data Interchange system, the importer shall not submit documents as such for assessment but has to submit its declarations in electronic format as it contains all the necessary information.
A checklist is then developed for the verification process of the data given by the importer. After the verification procedure, the data is further submitted to the SCO(Service Center Operator) system. Then the system generates a B/E Number. This number is endorsed on the printed checklist and then returned to the importer. In this stage, no such original documents are taken/required. Original documents are only taken during the time of examination. On the final document, the importer shall also sign after the import customs clearance.
Assessment,
The value appraising officer of customs then has to verify that the goods that will be imported are the same which the importer reported in submitted documents. If required, an assessing officer of customs can also give his order to inspect a hundred percent of the imported goods. In these cases, all the pieces and packets of the goods are sent to the customs bonded area, and then a thorough inspection of imported goods is arranged. After checking, a report on such a hundred percent inspection is to be delivered to the assessing officer of customs by the deputed inspection team of customs.
After the completion of the above formalities on assessment, the appraising officer of customs specifies the rate of duty on imported goods, in case it is applicable. Once the classification of imported goods is derived, the rate of import duty is reflected electronically on the basis of the software system of Customs Tariffs.
EDI Assessment
In EDI Assessment of a bill of entry, the declaration of cargo is transferred to the assessing officer and will be assessed by him. Further, the EDI system provides the information regarding the calculation of duty, if required, and it will automatically apply to the relevant rate of exchange while calculating.
After the assessment is over, a copy of the assessed Bill of entry and all the other supporting documents are inspected at the time of examination of goods. The importer has to pay the duty calculated by the system.
Examination of goods
All the imported goods are examined to verify the correctness of the description given in the Bill of entry. However, the part of the consignment is therefore selected and randomly looked. Also, the goods will be inspected prior to assessment in case the importer does not have complete info. At the time of Import or even if the Customs Appraiser or Assistant Commissioner requires the goods are to be examined before assessment. The appraiser examines the goods as per the examination order and then records his approval.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 8 months ago

View All Answers
A.Dear Sir,
Better you reject the same saying that such gift was not acceptable to you and request the donor to get it back.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconGel blaster in customs
Dear Client, The customs clearance of your gel blaster toy gun, especially if it closely resembles a real firearm. The seller is expressing concern and asking you to handle the clearance. Research...
question iconCivil suit S C Suit No 4910 of 2021 & S C Suit No 1126 of 2022
Dear sir Before giving any legal advise it is better to share all the documents in person either with me or any other nearest advocate to get effective legal advise.
question iconRecvd Call letter-cum-cause show notice dated 26th Nov 2021 today
Dear Sir, Section 111 in the Customs Act, 1962 Penalty of five thousand rupees 111. Confiscation of improperly imported goods, etc.—The following goods brought from a place outside India shall be li...
question iconImport Formalities Foreign Trade/International Trade
Dear client, All producers, including importers, are mandated to obtain registration from CPCB through the online portal. CPCB has requested customs authorities to verify the online-generated EPR regi...
question iconInfo about selling cigarettes and tobacco products in Kerala
Dear client, As per the tobacco control laws, there are no restrictions on internet sales or the sale of small packets of cigarettes or other tobacco products. The sale of tobacco products is prohibit...