Re: Mumbai Customs Office India Detained Our EMS Gifts Post And Didnt Send Them Still.
Dear Mr Anand,
There are quite a few things still unclear from your narratives.
1. Did you book the goods in the name of your firm/company as shippers, or in your individual name?
2. Were they consigned to individuals or business houses of your family and friends abroad?
3. Does the total value of this big box of "gifts" exceed Rs. 5 Lakhs?
4. Whether the goods are of Indian Origin?
All these questions would have been definitely considered by the customs authorities before they decided to block your shipment.
Now that you have submitted your IE code to the customs, the status of your parcel has become that of a consignment of an exporter. You have also faxed them the original invoice and the goods being electronic in nature, it will be very difficult to convince them that they are gifts only and not goods for sale disguised as gifts.
Again if you contend that the goods are sent for demo testing, then the RBI guidelines stipulate that they are subject to re-import to India after the testing. Otherwise the export declaration formalities will apply. I may also add here that gifts of value exceeding Rs.5 lakhs require the prior approval of RBI. Your post is silent on this area regarding the value of your gifts.
As admitted by you, the goods are from China, which have been acquired by parting with foreign exchange. In my opinion, there are quite some areas of the foreign exchange guidelines that are involved in your gift parcel than a mere blocking of the consignment by the postal/customs authorities.
Kindly seek appropriate guidance from an Authorised Dealer to get the consignment cleared, before trying to invoke the RTI Act.
Defeat is not final when you fall down. It is final when you refuse to get up.