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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.
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THE ‘SWEEP’ OF IMPORTING FOR CUSTOMS BENCHMARK IN INDIA
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 package delivery companies near london courier delivery company at Uk courier delivery service near london
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
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. domestic freight forwarding service london ocean freight forwarding company london package delivery companies near london courier delivery company at Uk global shipping services near london courier delivery service near london
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. cargo transportation services near me london shipping freight forwarder near me london logistics freight forwarder company Uk freight forwarder service firms Uk
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. door to door services Uk shipping door to door services Uk 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
