• Can I sue Customs for not allowing me "Transfer of Residence" ?

I was working abroad (Dubai) for the last 3 years and I resigned and came back to India to be with my family. I have made many international trips during this period and have visited India on many occasions. During one holiday, I traveled via Nepal (for a trekking to Everest base camp) and entered India via Delhi. It looks like they didn't put the entry stamp on my passport. Now I am trying to ship my household items from Dubai to Bangalore via Chennai (port) and the customs will not give me the benefits for "Transfer of Residence" sighting the missing stamp. They say if I have stayed for 6 months, during vacations in last 3 years, combined, I will not be eligible. But I haven't stayed here for 6 months but it is the missing stamp that is causing me trouble in proving that. I have copies of the tickets that I have used to fly in and out to Delhi and Kathmandu and have requested a travel certificate from Airline.

My question here is, can I file a case against Customs for not granting me Transfer of Residence allowances? Am I responsible for getting entry stamps in passport (in UK if you argue with immigration, they will imprison you without warning)? Do I have the right to ask for a stamp in passport and whose job is this actually to keep track of entries and exits?

Please help..
Asked 3 years ago in Taxation from Bangalore, Karnataka

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Tax Lawyers

Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
5.0 on 5.0
Niranjan
Advocate, Bangalore
2 Answers
0 Consultations
Not rated