Delhi HC Judgement: Imported Food Articles Cannot Be Cleared For Home Consumption Without FSSAI Inspection
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Delhi HC Judgement: Imported Food Articles Cannot Be Cleared For Home Consumption Without FSSAI Inspection

The Delhi High Court held that an importer of food articles cannot contend that the goods be cleared for home consumption even before they have been duly inspected by the authorities of FSSAI.

 

The petitioner’s grievance was essentially that while FSSAI proceeded to inspect and examine the imported articles, importers were forced to store the same in the custodian warehouse at the airport which resulted in huge liabilities towards demurrage being levied. Petitioner requested that importers must be recognised to have the right as well as the choice to move the goods to a public warehouse pending clearance by FSSAI.

 

The Court explained the role of the FSSAI and noted that, "that imported articles of food are statutorily subject to inspection and analysis under the provisions of the Act read with the Import Regulations which have been noticed above. An importer of food articles thus cannot contend that the goods be cleared for home consumption even before they have been duly inspected by the authorities of FSSAI and a conforming report having been submitted before the authorised officer.

 

The Court disposed of the writ petition and ordered that the authorities of FSSAI would inspect imported articles of food and draw samples for analysis thereof irrespective of whether the imported articles of food are stored in a custodian warehouse or a public warehouse.

 

Download the Hon'ble Delhi High Court judgement for your reference:

Importer-Exporter Code :  The Fundamental to create an effective global trade
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Importer-Exporter Code : The Fundamental to create an effective global trade

The Importance Of Raising Materialism 

Modern societies need economics more than anything else. Only when materialistic needs of the people are fulfilled, they can turn towards higher and more intellectual pursuits. Thus, the goal of developing nations should  be to fastly and fiercely pursue the path of rapid and radical economic (and social) development. As for the developed countries, they should try to upgrade and maintain the high levels of socio-economic standards. 

The Role Of International Trade 

The most important factor in matters of the development of countries is international trade. And in international trade, export and import and their mutual balance & imbalance. And the Exim factor includes a crucial element, which is known as Importer and exporter codes. 

The Trigger To Go Global 

In this age of cut-throat competition, everyone wants to grow their business beyond the limits of the domestic market. However, doing business globally isn’t just a cup of tea for everyone. Before going global, you need to follow several procedures and laws in place and get different registration and license. IEC (Import Export Code) license is one of such prerequisites when you’re thinking of importing or exporting from India. It is also known as Importer- Exporter Code.


IEC For Traders: How The Traders Can Attain It 

IEC (Import Export Code) is required by anyone who is looking to kick-start his/her import/export business in the country. It is issued by the DGFT (Director General of Foreign Trade). IEC is a 10-digit code that has lifetime validity. Predominantly importers merchants cannot import goods without the Import Export Code and similarly, the exporter merchant cannot avail benefits from DGFT for the export scheme, etc. without IEC.

Situations Where IEC is Required

When an importer has to clear his shipments from the customs then it’s needed by the customs authorities.
When an importer sends money abroad through banks then it’s needed by the bank.
When an exporter has to send his shipments then it’s needed by the customs port.
When an exporter receives money in foreign currency directly into his bank account then it’s required by the bank.

You may also like reading Know about GST: The taxation system that changed India.


Steps Involved in IEC (Import/Export Code) Registration

  • Visit the DGFT website.

  • Click on the ‘Services’ tab on the homepage.

  • Select the ‘IEC Profile Management’ option from the drop-down list.

  • A new page will open. Click on the ‘Apply for IEC’ option on the page.

  • Click on the ‘Register’ option. Enter the required details and click on the ‘Sent OTP’ button.

  • Enter the OTP and click on the ‘Register’ button.

  • Upon successful validation of the OTP, you will receive a notification containing the temporary password which you can change after logging into the DGFT website.

  • After registering on the DGFT website, login to the website by entering the user name and password.

  • Click on the ‘Apply for IEC’ option on the DGFT website.

  • Fill the application form (ANF 2A format), upload the required documents, pay the required fees and click on the ‘Submit and Generate IEC Certificate’ button.

  • The IEC code will be generated by the DGFT. You can take a printout of your certificate once the IEC code is generated

Documents required for IEC (Import Export Code) Registration

For IEC Code Registration, the  following documents are required:

  • Individual’s or Firm’s or Company’s copy of PAN Card.

  • Individual’s voter id or Aadhar card or passport copy.

  • Individual’s or company’s or firm’s cancel cheque copies of current bank accounts.

  • Copy of Rent Agreement or Electricity Bill Copy of the premise.

  • A self-addressed envelope for delivery of IEC certificate by registered post.

Also read TDS Returns: Know the Aspects

Benefits of IEC Registration


Expansion of Business

IEC assists you in taking your services or product to the global market and growing your businesses.
 

Procuring Various Benefits

The Companies could avail several benefits of their imports/ exports from the DGFT, Export Promotion Council, Customs, etc., on the basis of their IEC registration.
 

No Filing of returns

IEC does not require the filing of any returns. Once allotted, there isn’t any requirement to follow any sort of process for sustaining its validity. Even for export transactions, there isn’t any requirement for filing any returns with DGFT.
 

Simpler Processing

It is fairly easy to obtain IEC code from the DGFT within a period of 10 to 15 days after submitting the application. There isn’t any need to provide proof of any export or import for getting IEC code.
 

Renewal Need Not There 

IEC code is effective for the lifetime of an entity and requires no renewal. After it is obtained, it could be used by an entity against all export and import transactions.
 

Some Cases Where Import-Export Code (IEC) is Not Mandatory

According to the latest circular issued by the government, IEC is not mandatory for all traders who are registered under GST. In all such cases, the PAN of the trader shall be construed as a new IEC code for the purpose of import and export. Import Export Code (IEC) isn’t required to be taken in case the goods exported or imported is for personal purposes and isn’t used for any commercial purpose. Export/ Import done by the Government of India Departments and Ministries, Notified Charitable institutions need not require getting Import Export Code.

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