Legal Question in Criminal Law in India

smuggling

My frieng is realised his big mistake of smuggle imported vehicle.

At this stage what is the way to migrate this illegal vehicle to llegal vehiclle ?


Asked on 3/11/09, 1:07 pm

6 Answers from Attorneys

SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: smuggling

Indian nationals coming to India on transfer of residence are allowed to import one vehicle. Import of both new as well as old cars is now allowed. Payment for the car must be made prior to arrival or owner in India. Shipment can be effected within 6 months of arrival. In lieu of a motorcar, one motorcycle can also be imported.

A no sale bond for 2 years has to be filed at the time of import. Duty can now be paid in Indian rupees and not in convertible foreign exchange.

Foreign nationals coming to India on employment can import one car regardless of cc. Customs duty on new cars in approx. 85.56 % of the value assessed. Customs duty on new cars is approx 182%.

Foreign or Indian nationals are allowed to import one car on transfer to India. However different conditions apply to Foreign and Indian nationals. Foreign nationals are not permitted to sell the vehicle in open market. Custom duty is leived @103% of the c.i.f value of the car assessed by customs. Original manufacturer's invoice is essential for assessment of value and custom duty. Depreciation is permitted caused care based on registration period. Restrictions apply on horsepower. Any query may be addressed indicating the nationality of the owner along with the make, model, and c.c. invoice value and age of the car.

So approach customs broker and see that these DOCUMENTS REQUIRED

� Original B/L/AWB copy

� Shipping original passport

� Inventory in English (legible)

� Signed Indian customs declaration forms

. Diplomatic shipments require duty exemption certificate from the Govt. Of India.

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Answered on 3/12/09, 12:03 am
Shrichand Nahar S.V.Nahar, Advocate

Re: smuggling

Depends on the nature and details of illegalities and records.

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Answered on 3/12/09, 2:19 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: smuggling

AS i said a sr lawyer can help your friend out.

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Answered on 3/12/09, 8:06 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: smuggling

You may consult a local lawyer along with the details of the vehicle.

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Answered on 3/12/09, 8:47 am
Pranav Desai PD Legal & Associates

Re: smuggling

visit a senior lawyer with your case.

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Answered on 3/12/09, 2:23 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: smuggling

Make a declaration before the appropriate authorities and request for "compounding" of the offence on payment of duty and penalities.

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Answered on 3/11/09, 2:43 pm


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