Evidence of Import
7A.20 (i) It is obligatory on the part of importers to submit
Exchange Control copy of Bills of Entry for Home Consumption/Postal/Wrappers
to the authorised dealer hrough whom relative remittance was made as evidence
that the goods for which the payment was made have actually been imported into
India. Authorised dealer should ensure that in all cases, including cases of
advance remittances permitted vide paragraph 7A.10, these are submitted by their
importer customers and are verified. In respect of imports made on D/A basis,
since goods would normally be cleared before the due date of payment, authorised
dealers should insist on production of documentary evidence of import i.e. Exchange
Control copy of Bill of Entry for Home Consumption/Postal/Wrappers at the time
of effecting remittance of the import bill. Authorised dealers should also advise
this requirement to their importer customers in writing while delivering the
documents against acceptance.
NOTES:
A. In case of goods imported and stored by 100% Export Oriented Units/Units
in Export Processing Zones and Free Trade Zones in bonded warehouses, it will
be in order for authorised dealers to accept Exchange Control (quadruplicate)
copy of Into Bond Bill of Entry for Warehousing as evidence of import.
B. As regards submission of evidence in respect of imports
by courier services, please see paragraph 7A.23.
C. In respect of imports on D/A basis if importers fail to produce documentary
evidence due to genuine reasons such as non-arrival of consignment, delay in
delivery/customs clearance of consignment, etc. authorised dealers may, on merits,
allow reasonable time not exceeding three months from the date of remittance
to the importer to submit the evidence of import.
(ii) Authorised dealers should in all cases acknowledge receipt
of Exchange Control copy of bill of entry/postal/wrappers from importers by
issuing acknowledgement slips containing the following particulars:
(a) Importer's full name and address with code number.
(b) Import licence number and date (wherever applicable)
(c) Bank's reference of letter of credit number etc., if any.
(d) Number and date of Exchange Control copy of bill of entry/postal wrapper
and the amount of import.
(e) Particulars of goods imported.
(iii) Internal inspectors or auditors (including external
auditors appointed by authorised dealers) should carry out 100% verification
of all the Exchange Control copies of bills of entry/postal/wrappers and a certificate
to that effect should be forwarded, on half-yearly basis, to the office of Reserve
Bank under whose jurisdiction the authorised dealer is situated.
(iv) In case an importer does not furnish the Exchange Control
copy of Bill of Entry within three months from the date of remittance (or within
prescribed period as provided in paragraph 7A.10), the authorised dealer should
issue a reminder to the importer asking him to roduce it forthwith. If there
is still no response, a reminder by registered post with acknowledgement due
should be issued not later than one month from the date of the first reminder.
(v) Authorised dealers should forward to Reserve Bank a statement
as at the end of each calendar quarter in form BEF furnishing details of import
transactions in respect of which the importers have defaulted in submission
of Exchange Control copies of Bills of Entry within a period of 21 days from
the date of issue of registered (acknowledgement due) reminder. The quarterly
statement should be submitted to Reserve Bank within 15 days from the end of
the quarter to which the statement relates.
(vi) Exchange Control copy of Bill of Entry for Home Consumption/postal
wrappers should be preserved by authorised dealers for a period of one year
from the date of its verification as required under paragraph (iii) above. However,
in respect of cases which are under investigation by investigating agencies,
the Exchange Control copy of Bill of Entry for Home Consumption/postal wrappers
should be preserved till the investigating agency concerned gives clearance
for destruction.
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