Q.890 467 gr gold seized on Delhi airport form NRI Lady - What to do?
nri lady coming from dubai wearing four kadas weigt 467 gr of gold walking from green channel detain by customs
and they seize her gold .but she is not smugller she wants her
gold back she is not permanent living in india her all faimly is in
dubai.
please tell answer
Ganesh Kumar
Answer: Taking 467 grams of gold is way over the allowed limit
of Rupees one lakh duty free allowance on gold jewelry for women
passengers arriving in India. As per rules, failure to declare in
contravention of rules can lead to seizure of goods, fines and even
prosecution [depending on the value] at the discretion of the
customs authorities.
If a passenger claims to have not known about the reporting
requirement and the customs officer believes that the passenger
indeed did make a mistake in not declaring, then perhaps, only the applicable duty would be charged. However
claiming ignorance may be difficult these days as the new entry forms to be filled by passengers arriving in India,
require that passengers must specifically declare any prohibited articles, gold jewelry (over free allowance), gold
bullion and Indian currency exceeding the allowed limit [now Rs. 25,000.]
[Sample declaration form is available at: http://www.travelindiasmart.com/index_htm_files/Arrival_form_india.pdf ]
If the lady in question:
did not understand the rules when reading/filling the declaration form
had no intention of leaving the gold jewelry in India and would
have taken the jewelry back when returning to Dubai
And had no intention of cheating the system and the non-
declaration was an unintentional error on her part.
Then perhaps she should try and discuss with the customs
authorities the circumstances that led to the seizure of her jewelry and request release of the seized items. All said
and done the decision would be that of the customs authorities and would depend on how they perceive the facts of
this case.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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