Export and Import Act
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What is Export and Import Act?
The Director General of Foreign Trade (DGFT) under the Ministry of Commerce is the apex body regulating imports and exports and ensuring that trading is in compliance with the Foreign Trade Policy (FTP), Foreign Exchange Management Act, 1999 (FEMA). The FTP of 2015-2020 is still in effect, as it had been extended till 31st March 2021, and a new FTP will come into force in April of 2021. The FTP of 2015-2020 took various steps to streamline import-export compliance requirements by digitizing various compliances and creating a better structure for redressal of complaints and disputes. Exports and imports to and from India are free unless the products or services are prohibited, restricted, or differently classified under the Indian Trade Classification (Harmonized System) of Exports and Imports. [ITC (HS)] The ITC (HS) provides a classification code for such goods according to their groups or sub groups. The classification by ITC (HS) is aligned at the 6 digit level with the International Harmonized System of Goods Nomenclature maintained by the World Trade Organization. The schedules of the ITC (HS) also lays down the import and export policies of India. For importing and exporting to and from India, traders will be required to obtain the Importer Exporter Code (IEC), prior to starting operations. The IEC is also issued based on the Permanent Account Number (PAN), and so all traders including foreign entities will have to obtain a PAN first.
Deliverables
A new platform will be launched soon for IEC-related services for traders. While the process of applying for IEC is electronic, this platform will subsume all further services issuance of IEC, modification, amendment process, etc. Advance authorization, Export Promotion of Capital Goods, and other schemes related to the FTP can now be availed through this platform. The Bombay High Court also recently held in the case of Siddharth Mandavia v. Union of India, that the indirect tax department cannot suspend or cancel the IEC of any person. Only the DGFT is empowered to cancel or revoke an IEC. The Court had ordered that the IEC be unblocked along with the attached bank accounts.
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