SC: CIRP Need Not Be Set Aside Solely for Fraudulent Filing of Section 9 Plea  ||  Supreme Court: Compromise Decree Passed Without Impleading Necessary Party is Void  ||  SC: Cheque Dishonour Notice Valid if Sent to Drawer’s Address and Received by Family  ||  J&K&L HC: Minority During Attestation Cannot Justify Decades-Long Delay in Challenging Mutation  ||  Bombay HC: WhatsApp Circulation of Objectionable Photos Can Attract SC/ST Act  ||  J&K&L HC: Cardiac Arrest From Stress of Long-Distance Driving is Compensable  ||  Delhi HC: Accused Cannot Delay Trial and Then Rely on Delay to Seek Bail  ||  Calcutta HC: Insurer Must Compensate Child’s Accidental Death Despite Driver’s Fake Licence  ||  Bombay HC Tells X to Take Down Defamatory Post Targeting Serum Institute, CEO Adar Poonawalla  ||  Delhi High Court Restores Arbitral Award in DMRC’s Favour Passed by Employee-Arbitrator    

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