Legal Advice for Exporters before they Export their First Consignment from India: Best Customs Lawyer Advice in Delhi NCR

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“Every Exporter should adhere to and comply with the local laws of India and the international trade laws before they export their first consignment or shipment out of India. The elementary legal awareness and knowledge about the laws is the primary requirement in order to avoid defaults and embarrassments. Further, strict compliance of the international maritime laws is also mandatory. The documents provided by the shipping line is/are also to be duly reviewed before their execution. The entire process involves a direct involvement of an import export attorney or import export law firm or a customs lawyer.”

Introduction
Every businessman aspires to manage their company for increased revenue, expansion, and growth. Moving from the domestic market to the global market for the product’s sale and supply significantly aids in the growth of the company. However, the import and export process and restrictions may be too intricate and costly for a single business to comprehend. Additionally, the complexities and legal processes unique to international commerce increase the trade’s complexity.

Important Documents required for Exports from India: Best Customs Lawyer Advice
After receiving an export order and carefully reviewing the items, specifications, terms of payment, terms of delivery, etc., the exporter may formally contract with the customer located abroad. There are a few key actions that need to be taken after it is completely confirmed.
Prior to submitting a shipping bill for the clearance of goods, a Business Identification Number (BIN) based on a PAN must be obtained from the Indian customs office.
Examine ITC (HS)- Products that are not categorised under the ITC (HS) may be freely traded beyond Indian borders, but if they are, they will need to meet additional requirements as outlined in the ITC.
EDI or Bill of Export: In the case of the EDI system, the declarations provided must be submitted via the Customs Service Center. The data is sent after these are confirmed, at which point the system generates a Shipping Bill Number and returns it to the exporter. If the products aren’t being declared using the EDI system, a bill of export must be given. Details like the exporter’s name, address, the quantity of the goods, etc. should be included on the bill. Along with the bill of export, other paperwork including an original certificate of origin, invoices, export contracts, and packing lists are required.

Application of GST in Exports: Best Legal Advice from Import Export Law Firm
Under the GST system, the idea of a manufacturer or merchant exporter would no longer be applicable. The process for exporting goods is the same for both manufacturer exporters and merchant exporters. The Foreign Trade (Development and Regulation) Act of 1992 (FTDR Act) gives the government of India the authority to create export policies and to make orders that restrict, forbid, or otherwise regulate the export of products. According to the Indian Foreign Trade Policy 2015–2020 (FTP), exports and imports are to be free unless they are subject to restrictions, prohibitions, or exclusive trading through State Trading Enterprises (STEs), as specified in the Indian Trade Classification (Harmonized System) (ITC (HS)) of Exports and Imports. Each item in the ITC has an indication of the import and export regulations for all items (HS).
Even under the Goods and Services Tax (GST) regulations, exports have received favourable status. Exports are zero rated supplies, or goods for which the GST rate is set at zero, according to the GST legislation. An exporter has the following choices when exporting products or services:
– Exporting products, services, or both without paying taxes is permitted under a bond or letter of undertaking (LUT).
– Exporting products, services, or both with GST paid.
– Exporting products involves moving goods outside of India in accordance with the GST rules. An exporter of products must carry out exports in accordance with export procedures set out by customs legislation and must guarantee that all necessary paperwork and compliances are completed.

Essential Aspects while Exporting from India: Best Legal Advice from Import Export Attorney
The description, type, and amount of the items being exported must be declared on a shipping bill, which must be filed with the customs officials at the port. A packing list and an invoice must be sent with the aforementioned shipping bill. The products may be shipped when the customs officials have authenticated the aforementioned paperwork. There are a few things that are exempt from export duties despite the fact that most commodities are not subject to them, including coffee, tea, black pepper, sugar, iron ore and its concentrates, raw cotton, raw wool, particular items made of jute, and some iron or steel goods (tubes and pipes, bars and rods).

Import-Export Code
Attain an Import-Export Code (IEC), If exports are planned without payment of taxes, provide a LUT or Bond. To export products, be careful to engage into a solid purchase order with the receiver. Create a tax invoice, which should normally include the information below: With the endorsement supply meant for export on payment of integrated tax or supply meant for export without payment of integrated tax, the supplier’s name, address, and GSTIN, Date and invoice number; recipient’s name and address; delivery location and country of final destination; HSN code and item description; goods and unit quantity, overall cost of products, signature of the authorised signatory’s source. Organize the shipment invoice. Make sure the shipping bill accurately reflects the tax invoice’s information.

Conclusion
Under the Merchandise Exports from India Scheme, exporters of notified goods to notified markets are also entitled to Duty Credit Scrip at notified rates (2 percent to 7 percent) on the realised Free on Board (or FOB) value of exports in free foreign exchange or on the FOB value of exports as stated in the Shipping Bills in freely convertible foreign currencies, whichever is less. Additionally, the GST return advantage may be investigated.
Authored By: Adv. Anant Sharma & Afsana Khan

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