Submission of Bill of Entrt
This query is : Resolved
10 July 2016
in 2008 I import a spare from china through courier and transfer the fund in foreighn currency through bank. that time bank did't demand anything but now after 8 years bank is demanding bill of entry for such import.
plz advise me that, is it required to submit the bill of entry in case of import through courier and of yes then what is the consequences for non submission.
30 July 2016
According to clause 7.2 of Foreign Exchange Management (Current Account) Rules 2000, the Bank may accept in lieu of Bill of Entry a certificate from the CEO or Auditor of the Company that the Goods for which remittance was made, have actually been imported in to India. provided, the amount of foreign exchange remitted is less than USD 1,000,000. Other wise , fiscal penalty may be imposed under Foreign Exchange Management Act-1999.
30 July 2016
in case of proprity bussiness, declaration of propriter is sufficient ???
30 July 2016
In that case Auditor of your firm must issue a certificate that goods for which remittance was made have actually been imported in to India.
30 July 2016
ok thnk u, i will try for certificate from auditior because after 8 years it is in doubt that auditor will provide in written that goods has been received
26 July 2025
Yes, the bank asking for the **Bill of Entry** or an **Auditor’s certificate** even after 8 years is not unusual, especially for imports involving foreign exchange remittances.
### Key points for your case:
1. **Bill of Entry Requirement:**
For imports into India, a Bill of Entry is generally mandatory to clear the goods through customs and for regulatory compliance.
2. **Imports via Courier:**
Even if the goods came via courier, customs clearance procedures apply. Usually, courier companies handle the customs clearance and file the Bill of Entry, but you should have documentation.
3. **Bank’s Role:**
Under FEMA rules, banks need proof that the funds remitted for imports are backed by actual import of goods.
4. **If Bill of Entry is Missing:**
* You can submit an **Auditor’s certificate** stating the goods were imported and received.
* In case the auditor refuses (due to lapse of time or lack of documents), this could raise compliance issues.
5. **Consequences of Non-Submission:**
* Bank may report to RBI or authorities for non-compliance.
* There could be **fiscal penalties under FEMA** for non-submission or lack of proof.
* Difficulty in future foreign exchange transactions or audits.
---
### Suggested course of action:
* Try to locate any proof of import — courier receipts, customs paperwork, invoices.
* Get an auditor’s certificate confirming the import of goods (if possible).
* Explain the situation to the bank with supporting documents.
* If auditor refuses due to time lapse, try to get a **proprietor’s declaration** supported by available records.
---
If you want, I can help you draft a sample auditor’s certificate or a letter to the bank explaining your situation. Would that help?
### Key points for your case:
1. **Bill of Entry Requirement:**
For imports into India, a Bill of Entry is generally mandatory to clear the goods through customs and for regulatory compliance.
2. **Imports via Courier:**
Even if the goods came via courier, customs clearance procedures apply. Usually, courier companies handle the customs clearance and file the Bill of Entry, but you should have documentation.
3. **Bank’s Role:**
Under FEMA rules, banks need proof that the funds remitted for imports are backed by actual import of goods.
4. **If Bill of Entry is Missing:**
* You can submit an **Auditor’s certificate** stating the goods were imported and received.
* In case the auditor refuses (due to lapse of time or lack of documents), this could raise compliance issues.
5. **Consequences of Non-Submission:**
* Bank may report to RBI or authorities for non-compliance.
* There could be **fiscal penalties under FEMA** for non-submission or lack of proof.
* Difficulty in future foreign exchange transactions or audits.
---
### Suggested course of action:
* Try to locate any proof of import — courier receipts, customs paperwork, invoices.
* Get an auditor’s certificate confirming the import of goods (if possible).
* Explain the situation to the bank with supporting documents.
* If auditor refuses due to time lapse, try to get a **proprietor’s declaration** supported by available records.
---
If you want, I can help you draft a sample auditor’s certificate or a letter to the bank explaining your situation. Would that help?
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