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India Changes Duty-Free List

July, 1999: The Indian Government has clearly defined the list of items, including the size, which can be imported duty free by travellers as part of baggage. This has put an end to the discretionary powers enjoyed by customs officials at airport. The existing definition was generally vague and defined personal effects to mean, "such as clothing and other articles, new or used, which a tourist may personally and reasonably require taking into account of circumstances for his visit but excluding all merchandise imported for commercial purpose", which gave the customs officials certain amount of leeway in clearances.

The list of items specified includes:

  • Personal jewelry
  • One camera with filmrolls not exceeding 20
  • One video camera/camcorder with accessories and with video cassette not exceeding 12
  • One pair of binoculars
  • One portable color television not exceeding 15 centimeters in size
  • One music system, including compact disc player
  • One portable typewriter
  • One perambulator
  • One tent and other camping equipment
  • One computer (laptop/notebook)
  • One electronic diary
  • One portable wireless receiving set (transistor radio)
  • Professional equipment, instruments and apparatus of appliances including professional audio/video equipment;
  • Sports equipment such as one fishing outfit, one sporting firearm and fifty cartridges, one non-powered bicycle, one canoe or range less than 51 meters long, one pair of skids, two tennis rackets, one golf set (14 pieces, with a dozen golf balls)
  • One cell phone.

 

According to revenue department officials, a similar definition existed under the Tourist Baggage Rules. These rules were replaced by Baggage Rules in 1994. The said rules did not specify the list of items, but permitted customs officials to determine "personal effects" subject to discretion. This led to non-standardization of items permitted to be imported which revenue department officials suspect led to revenue leakage.

For instance, if a camcorder was not allowed to be brought in as part of baggage a 1.2 per cent duty, which amounts to Rs.12000 would be payable on it. So is also in the case of other items.

Simultaneously, in order to reduce harassment to travelers, the department has ruled that customs officials would not be required to establish whether the item is new or used, so long as the item imported is still not in its original package, which can be immediately disposed.

The definition of personal effects under the old Tourist Baggage rules included 14 items. Laptops have now been included by the revenue department in the new list. This inclusion is based is based on the commitments made by the revenue department to the Estimates Committee of the 10th Lok Sabha, demanding a review of the Baggage Rules in favor of importing notebooks.