The contentious tax treatment of imported goods stored in a warehouse and sold therefrom has always been an issue within Indirect Taxation, which continues to cause legal disputes between the government and its citizens for all services like package delivery companies near london and courier delivery company at Uk.

1. THE ‘SWEEP’ OF
IMPORTING FOR
CUSTOMS
BENCHMARK IN
INDIA

2. The contentious tax treatment of imported goods stored in a warehouse and sold therefrom has
always been an issue within Indirect Taxation, which continues to cause legal disputes between
the government and its citizens for all services like &
. It is clear that Department of Revenue's position on this
matter has not changed over time- they have always maintained that importers need to pay
import duty and comply with any requirements imposed by other acts or rules/notifications
issued under Customs Act, 1962. However, their interpretation of 'import' can vary depending on
the specific context involved for services of and
global shipping services near london
courier delivery service near london
courier delivery company at Uk
package delivery companies near london

3. The term "import" is used to describe the act of bringing something
into India from a place outside of India. It can be abbreviated with
different grammatical variations and expressions that are related to
it, such as "importation," that can be done by cargo
transportation services near me london and logistics freight
forwarder company Uk.
As a result, the department invariably interpreted the term “import”
to mean that it was looking at its meaning in an isolated way. All of
this while Department has reasoned that since India includes
territorial waters, any good brought into the country from outside of
India would be considered imported by services like freight
forwarder service firms Uk and global shipping and logistics
company in Uk as long as it crossed Indian Territorial Waters
(which is defined under section 3(2) of The Territorial Waters
Continental Shelf Exclusive Economic Zone and Other Maritime
Zones Act 1976 to extend up to 12 nautical miles inside sea from
baseline on coast of India).
Back to Agenda

4. From the plain reading of this statement, it is clear that "goods" which are
imported, attempted to be imported, or brought within Indian Custom Waters
for the purpose of being imported from
and
fall into different categories.
It is important to keep in mind that, for an importation to be subject to Customs
Duty, it must occur as a result of the export or import of goods into or out of
India to/from services in other countries like
and
This means that, when goods are being brought from outside of India and cross
territorial water boundaries- even if they're still landlocked onshore- the act
constitutes 'importing' and therefore falls under the jurisdiction of Custom law
and other applicable laws. In Everett (I) Pvt Ltd. vs Collector of Customs
(Calcutta), Single Judge ruled that since India includes its territorial waters
within its geographical borders, any taxable event related to such imports in
which services like
&
are involved occurs no sooner than the goods enter Indian territory's waters and
does not continue until they have been offloaded onto Indian soil.
global shipping services near london
courier delivery service near london
courier delivery company at Uk
package delivery companies near london
ocean freight forwarding company london
domestic freight forwarding service london

5. From the plain reading of Section 47, Sections 68 and 69 of the Act, it is clear that when goods are unloaded at a
port, the importer, or
can choose to file an "in bond bill of entry" under Section 59 or they can allow such goods to be cleared for home
consumption under Section 47.
When goods are stored in a bonded warehouse for the purpose of imposing import duty, the point at which duty
is imposed from exporting by and
is presumed to be after they have been imported and cleared for home consumption. However, as per Section
69 of the Act, if goods are exported from a bonded warehouse within the time limit stated in Section 61 of the
Act, no import duty will be payable on them. This view has been upheld by various courts over time, including via
cases such as these:
The Supreme Court of India's decision in K.Bapna v. Union of India held that goods deposited into a warehouse
do not complete their importation until they are authorized for home consumption, as per the law applicable at
the time of deposit.
logistics freight forwarder company Uk freight forwarder service firms Uk
shipping freight forwarder near me london
cargo transportation services near me london

6. In a recent case involving Shewbuxrai Onkarmall, an Indian
resident living in the US, the Calcutta High Court addressed the
complex issue of customs duty imposed on by
and
providing a concise and straightforward explanation.
I believe that taking a literal interpretation of the law would lead
to absurd results. For example, a person could bring goods into
India by ship right through
and and not have to
pay Customs duty on them even though they are re-exported.
Another example is if an aircraft lands in any AirPort in this
country while it is travelling in transit; customs duties may not
be charged for any goods being carried inside the aircraft
although no customs clearance was sought.
door to door freight services Uk
shipping and forwarding agents in Uk
shipping door to door services Uk
door to door services Uk

7. THANK YOU!