Supreme Court: IBC Mechanism Cannot Replace Decree Execution or Recovery Proceedings  ||  SC Orders Closure of School Over Loan Default, Directs Police-Assisted Takeover under SARFAESI Act  ||  MP HC: HC Lacks Jurisdiction to Appoint an Arbitrator in International Commercial Disputes  ||  Allahabad HC Imposes Rs 15L Costs on Husband For Filing False Affidavits in Maintenance Proceedings  ||  MP HC Directs ASI to Upload Bhojshala–Kamal Maula Survey Video on Secure Platform For Litigant  ||  Bombay HC: Public Gathering Does Not Justify Handcuffing, Awarded ?50,000 Compensation  ||  Madras HC: Woman’s Dignity Linked to Right to Shelter; Orders Restoration of Demolished Home  ||  SC: Absence of Independent Witnesses is Not Fatal if Injured Eyewitness Testimony is Sterling  ||  Supreme Court: Prosthetic Limb Costs Must Be Compensated To Restore Victims’ Dignity  ||  Supreme Court: Probate Can be Revoked For Non-Impleadment of Parties and Suppression of Facts    

Third Party Invoicing in case of Preferential Certificates of Origin issued in terms of DFTP for "wholly obtained goods"- (Ministry of Finance ) (08 Dec 2020)

MANU/CUCR/0052/2020

Customs

1.The Board has received representations from trade with regard to use of third party invoicing while claiming preferential tariff treatment in terms of Duty Free Tariff Preference Scheme for Least Developed Countries (DFTP) in respect of "wholly obtained goods".

2. It has been learnt that Certificates of Origin (COOs) issued in terms of customs notification no. 29/2015-cus (N.T.), dated 10.03.2015 and with third party invoicing were earlier being accepted by the proper officer but that same has been discontinued after implementation of CAROTAR, 2020.

3. The matter has been examined. The notification no. 29/2015-cus (N.T.), dated 10.03.2015 is silent upon provisions for third party invoicing, i.e. commercial invoice for goods originating in the LDC is issued in the third country and not by the consignor in the exporting country. In some other notified preferential rules of origin, where specific provision for third party invoicing is provided, the origin of the good is nonetheless based upon the value addition done in the country of origin alone, with Free on Board (FoB) in country of origin being the base for arriving at the local value content.

4. With regard to notification no. 29/2015-cus (N.T.), read with notification no. 96/2008-Cus, dated 13.08.2008, which offers unilateral tariff concessions to LDC, the Board is of the view that where value of goods does not have impact on the originating status, i.e. the originating criteria is 'wholly obtained', the Certificate of Origin issued in terms of Duty Free Tariff Preference Scheme for Least Developed Countries with third party commercial invoice may be accepted. This is subject to ensuring that the goods referred to in the Certificate of Origin, and the invoice correspond to each other and that the goods satisfy the applicable rules of origin. The normal due diligence to check for authenticity of COO and correctness of claim should continue to be observed. Needless to state the existing stipulation of RBI in regard to third party invoicing, would apply.

Tags : INVOICING   PREFERENTIAL CERTIFICATES   THIRD PARTY  

Share :        
2. It has been learnt tha... For read more news from newsroom.manupatra.com"data-action="share/whatsapp/share" class="ic_wtsp-grid">

Disclaimer | Copyright 2026 - All Rights Reserved