Page 8 - Bullion World Volume 3 Issue 9 September 2023
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Bullion World | Volume 3 | Issue 9 | September 2023

          IGC 2023: Highlights Part 1

           Norms and guidelines for Bullion


           import from UAE through CEPA



          Speakers: Mr Prem Nath, FinMet Pte. Ltd & Mr Ashok Gautam, IIBX IFSC



                                             Mr Prem Nath, FinMet Pte. Ltd.    Since April 2023, the eligibility
                                             CEPA between India and UAE, valid   conditions have been relaxed in April
                                             for 10 years, was signed in March   2023 with an Indian entity having an
                                             2022. Gold can be imported into   IEC Code can apply for the allotment
                                             India at a custom duty of 1% lower   of TRQ for importing gold. The total
                                             than the effective rate of duty. The   annual quantity of TRQ to all eligible
                                             Quantity of gold imports is under   entities can be a maximum of 120
                                             the Tariff Rate Quota (TRQ) system,   tonnes for the first year starting with
                                             where the eligible entities in India   FY 2022-23, 140 tonnes for the
                                             have to apply online to the DGFT for   second year, i.e. FY 2023-24 and so
                                             allotment of the quantity of gold to be   on increased by 20 tonnes over the
                                             imported under TRQ.               preceding year in the third, fourth and
                                                                               fifth year. So the total quantity of TRQ
                                             Eligibility conditions were stringent   of gold from the fifth to the tenth year
                    Mr Prem Nath             at the beginning, where only those   would be capped at 200 tonnes.
                                             entities who were in the gold jewellery
                                             business with some stipulated     The IGCRS rules for the import of
                                             minimum average annual sale       gold into India and the challenges
                                             turnover during the last three years   faced are mentioned in the tables
                                             could be eligible                 below:-

            IGCRS Rules:-
            1.  Import of Goods at Concessional Rate of Duty or for Specified End Use Rules 2022 have been notified vide
               Custom Notification (NT) No. 74/2022 dated 9th September 2022.
            2.  In this notification, the definition of Job Work excludes gold, jewellery and articles thereof, and other precious
               metals or stones vide para 3(g) of this Notification.
            3.  CBIC issued a clarification to the above Notification of 9th September 2022 in its Custom Circular No. 18/2022
               dated 10th September 2022 in which clarification about job work vide para no. 4.2(f) is as follows :
            4.  Para 4.2(f): The restrictions on job work are only relating to the case where it is undertaken on the goods
               belonging to the importer and does not apply to the end-use recipient who receives the goods on the supply and
               deals with it as stipulated in the notification.

            Challenges:-
            1.  TRQ holders taking supply of gold from Nominated Agencies can use the gold for manufacturing of jewellery on
               job work basis as per IGCRS Rules 2022. But the QJs importing gold against TRQs in their own name through
               IIBX must be manufacturers themselves as job work is restricted for them in IGCRS Rules.
            2.  There has to be a level playing field for those importing TRQ gold through IIBX also.
            3.  Low utilization of TRQs allotted last year
            4.  TRQ holders taking supply from Nominated Agencies have to submit a custom duty margin of 1% to the
               Nominated Agencies.
            5.  Nominated Agencies have to submit a custom duty bond to the Customs Authorities to the extent of 1% for the
               import of gold under TRQs of CEPA with UAE.


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