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Import of Motor Cars under transfer of residence
Import of Motor Cars under transfer of residence
Consignees (Non Resident Indians/foreign nationals on employment) coming to India on Transfer of Residence for permanent settlement can import one vehicle provided the car has been in possession of the individual for a period of minimum one year abroad. The vehicle should be imported into India within six months of the arrival of the consignee. In lieu of one motor car, one motor cycle can also be imported.
As per the new policy, only Right Hand Drive (RHD) cars can be imported. In case a Left Hand Drive (LHD) car is imported, the same is liable to be confiscated or in rare cases, re-export may be allowed.
The above import also carries a condition of "NO SALE" of two years which shall be endorsed by the Customs Authorities on the passport/registration documents at the time of import and by The Regional Transport Authorities when such vehicles are presenter for registration in India.
The new policy also allows customs duty to be paid in Indian Rupees instead of convertible foreign exchange. However, the payment for the vehicle is to be made abroad and such payment should not involve, directly or indirectly, any remittance of foreign exchange from India.
Public Notice No. 03 dated 31.03.2000
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The conditions mentioned for import of new & used Motor vehicles (at sl. Nos. 1 & 2 mentioned earlier) shall not be applicable on import of passenger cars/jeeps/multi-utility vehicles etc. on payment of full customs duty by the following categories of importers:
- Individuals coming to India for permanent settlement after two years' continuous stay abroad provided the car has been in possession of the individual for a period of minimum one year abroad.
- Resident Indians presented with a car as an award in any international event / match / competition.
- Legal heirs/successors of deceased relatives residing abroad;
- Physically handicapped persons;
- Companies incorporated in India having foreign equity participation;
- Branches/offices of foreign firms;
- Charitable/Missionary/Religious institutions registered as per the law relating to the registration of the societies or trusts or otherwise approved by the Central or State Government, subject to the condition that the importer is an established institution and is functioning for the common benefit of the community, and subject further to production of necessary clearance under the Foreign Contribution (Regulation) Act, 1976.
- Honorary Consuls of foreign countries on the recommendations of the Ministry of External Affairs, Government of India.
- Journalists/Correspondents of foreign news agencies having accreditation certificate with the Press Information Bureau, Ministry of Information and Broadcasting, Govt. of India.
- All the above categories shall be entitled to import only one vehicle except categories (e) and (f), which shall be entitled to import maximum of three vehicles. Persons in category (d) shall be entitled to import specially designed vehicles suitable for use by handicapped. All such imports shall carry a "NO SALE" condition of two years which shall be endorsed by the Customs Authorities on the passport / registration documents at the time of import and by the Regional Transport Authorities when such vehicles are presented for registration in India. The DGFT may, however, permit relaxation of these conditions or imports by any other category not listed in this Public Notice in special circumstances
- All bonds / bank guarantees executed by importers of cars / two wheelers etc. prior to 31.03.97, where the vehicle has not been transferred, shall be deemed to have been discharged with the issue of this Public Notice No. 3(RE-2000)/97-02.
- Import of vehicles by Foreign Diplomats and Other Privileged Persons in this category, which are exempt from payment of customs duty, shall be exempt from the conditions specified at Sl. No. 1 & 2 above. However, such imported vehicles cannot be sold in India except to another diplomat or privileged person and are compulsorily required to be re-exported.
- The import of vehicles viz., Digital Satellite News Vans (DSNG Van) / Outdoor Broadcasting Vans (OB Van), as classified in this Chapter, fitted with equipments for telecasting shall be exempted from the conditions specified at Sl. No. 1 & 2 above. However. These imports shall be subject to the condition that the vehicle should have right hand steering and controls (applicable on vehicles other than two and three wheelers).
- The import of vehicles namely, ATVs (All Terrain Vehicles) which are specifically designed for off-the-road sports, recreation and some farm usage and do not require registration under provisions of the CMVR, shall be exempted from the conditions mentioned at Sl. No. 1 & 2.
- Import of new vehicles having an FOB value of US $ 40,000 or more and engine capacity of more than 3000cc for petrol run vehicle and more than 2500cc for diesel run vehicles by:
- individuals,
- Companies and firms importing under the EPCG Scheme and
- OEMs (Original Equipment Manufacturers - who have manufacturing and service network in India) will be exempt from the conditions at Sl. No. 2(II)(c) above. However, at the time of Customs clearance, a Type Approval Certificate / COP of an international accredited agency from the country of origin, including a notarized English translation thereof, shall be furnished. This Type Approval shall stipulate that the vehicle to be imported complies with all ECE Regulations for the complete vehicle. The accredited agencies have been notified vide Policy Circular No. 26 dated. 09.02.2004.
- Import of New and second hand vehicles (not older than 3 years from the date of manufacture) shall be exempt from the condition at Sl. No. 2(II)(c) above only for jobbing, testing and subsequent re-export in terms of Customs Notification No. 32/97-Cus (N.T.) dated. 01.04.1997.
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