Indian Customs and Baggage Rules
[ Notification No. 30/98-Cus. (N.T.), dated 2-6-1998 amended vide Notification No. 76/2006 - Customs (N.T.) dated 30/06/2006; Notification No. 30/2005 - Customs (N.T.) dated04/04/2005; Notification No. 05/2004 - Customs (N.T.) dated 08/01/2004; Notification No. 13/2004 - Customs (N.T.) dated 03/02/2004; Notification No. 11/2002 - Customs (N.T.) dated 01/03/2002; Notification No. 50/2000 - Customs (N.T.) dated 09/08/2000; Notification no. 29/1999-Cus (N.T.) dated 11-05-1999) ]
DUTY FREE
ALLOWANCES AND ENTITLEMENTS FOR PERSONS TRANSFERRING
RESIDENCE
I. A person who is
transferring his residence to India shall be allowed
clearance free of duty, in addition to allowances applicable to Indian
residents or foreigners residing in India or to
passengers returning from Nepal, Bhutan, Myanmar or China,
other than by land route articles in bonafide baggage to the
extent and subject to conditions as mentioned below
:
|
Articles
allowed Free of
Duty
|
Conditions |
Relaxation that
may be
considered |
|
(a) Used
personal and household articles other than those listed
at Annex I or Annex II, but including Jewelry
upto Rs. 10000 by a gentleman passenger or Rs. 20000 for
a lady passenger |
(1) Minimum
stay of two years abroad, immediately preceding the date
of his arrival on transfer of residence
(2) Total stay
in India on short visits during the 2 preceding years
should not exceed 6 months, and
(3) Passenger
has not availed this concession in the preceding three
years. |
(a) For
condition (1) Shortfall of upto 2 months in stay abroad
can be condoned by Assistant Commissioner of Customs if
the early return is on account of - (i) terminal
leave or vacation being availed of by the passenger,
or (ii) any other special circumstances.
(b) For
condition (2) Commissioner of Customs may condone short
visits in excess of 6 months in deserving
cases.
(c) For
condition (3) No relaxation. |
|
(b) Jewelry
taken out earlier by the passenger or by a member of his
family from India. |
Satisfaction of
the Assistant Commissioner of Customs regarding the
jewelry having been taken out earlier from
India. |
--------------- |
II. Articles allowed at
concessional rates of duty:-
|
|
A person
transferring his residence to India shall be allowed
clearance of items listed in in Notification No.
137/90, whether old or new, at a concessional
rate of duty of 30% ad voleram subject to the conditions
that- |
|
i) |
Such person
affirms by a declaration that the goods have been in his
possession abroad or the goods are purchased from
the duty-free shop by such person at the time of
his arrival but before clearance from
Customs. |
|
ii) |
Unaccompanied
goods were shipped or despatched or arrived within the
prescribed time limits. |
|
iii) |
Only one unit
of each item per family is allowed. |
|
iv) |
The person
claiming this benefit affirms by declaration that no
other member of the family had availed, or would
avail this benefit. The term "family" includes all
persons in the same house and forming part of the
same establishment. |
|
v) |
Passenger has
not availed this concession in the preceding three
years. |
Note: Transfer of
residence entitlements are applicable to returning Indians as
well as Foreigners transferring their residence to India
subject to the fulfillment of prescribed eligibility
conditions
Source : cbec.gov.in
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