Dear Sir/Madam, I have imported 10 Qty of electronic chips (worth rs 2500) from USA for my own hobby and research work. I have a MSME registered company. I have ordered it on company name. I dont have any business or turnover and do not operate professionally yet so I dont have a current account, GST etc to get an IEC code. Custom clearance require CHIMS certificate which can only get after having an IEC code. This chips are not going to be used for any business use or earning money and only using them for my own hobby work. Since I cannot generate a CHIMS certificate , DHL has told me to write an exemption letter to Dp. Commissioner of Custom requesting wavier. My questions are - If the custom officer decline my letter what will happen? Am I liable for any penalty or imprisonment etc? If the custom officer ask me to visit in person ( DHL has told me they can ask to visit) and If I dont go what will happen in that case? I cannot spend another 2-3k to visit Mumbai for a 2.5K courier. Will this lead to any legal action. Thank you
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If no waiver is granted goods imported by you would be confiscated
show cause notice would be issued as why goods should not be confiscated and penalty imposed upon you
you can waive personal hearing . In your reply to show cause notice mention that you do not require personal hearing and that penalty be waived
you would not be sent to jail
No you will not you can demand the same from that office
For chips worth 3 k you will not be asked visit in person. Offence of importing chips without registration is compoundable. You will be asked to pay penalty not more than 5k in case exemption is not granted. Payment can be made online to customs authority.
- You are not going to jail
- But you ordered chips on MSME company name. You should use personal name for hobby items and not company name. You are using chips for R&D and If your hobby is successful then you can go further.
- Customs will issue show cause notice asking why goods should not be confiscated and penalty imposed upon you accordingly.
- You can waive personal hearing. In your reply to show cause notice you should clearly mention that penalty be waived along with reasons.
- If waiver is not granted then goods imported by you would be confiscated
1. You were advised by the courier company to seek the permission and waiver of the customs department giving the details and facts in this regard, if at all they reject your application they will cite the reasons, hence you may take action in furtherance based on their reply citing reasons for rejection of your application, if feasible.
2. If you prefer not to spend any money on it by making a visit to the Mumbai customs, then you may decide to forego the item you have imported in order to avoid further expenses that may be incurred due to this
Dear Client,
As per the facts which have been provided, in your reply to show cause notice mention that you do not require personal hearing and that penalty be waived.
Thank You.
