Five laws govern every shipment
Importing or exporting goods from India is never about a single rulebook. Each shipment touches five distinct legal regimes at once — and a misstep in any one can stop your cargo, block your money or trigger a penalty. Understanding how they fit together is the foundation of smooth, compliant trade.
Getting started — what you need
Before your first shipment, these registrations must be in place. With documents ready, a new importer-exporter can typically be fully set up within two to three weeks.
Customs duties — types & how they stack
When goods enter India, customs duty is levied on the assessable value (generally the CIF value — cost, insurance and freight). Several duties can apply together, and they stack in a specific order. Rates depend entirely on the goods' HSN classification.
| Duty / Levy | What it is | Typical basis & rate | Creditable? |
|---|---|---|---|
| Basic Customs Duty (BCD) | Core customs levy on imported goods | On assessable (CIF) value; rate varies by HSN — commonly 0%–40% | No — adds to cost |
| Social Welfare Surcharge | Surcharge funding social welfare | Usually 10% of BCD | No |
| IGST on imports | GST levy on imported goods | On (assessable value + BCD + other duties); rate = the good's GST rate (commonly 5%/12%/18%/28%) | Yes — ITC available |
| GST Compensation Cess | Cess on specified goods (e.g. tobacco, certain vehicles) | On (assessable value + BCD) | Yes — limited use |
| Agriculture Infra & Dev Cess (AIDC) | Cess on specified items | On assessable value, for notified goods | No |
| Anti-Dumping Duty | Protects against goods dumped below fair value | Product & country specific, as notified | No |
| Safeguard Duty | Temporary protection against import surges | As notified for specific goods | No |
| Countervailing Duty (CVD) | Offsets foreign export subsidies | As notified | No |
How import duty stacks — a worked example
GST on imports & exports
GST treats the two directions of trade very differently — imports are taxed, exports are relieved of tax entirely.
Imports — Taxed
- IGST applies on the assessable value plus BCD and other duties, at the good's GST rate.
- Credit available — a registered importer can claim the IGST paid as input tax credit.
- Reverse charge may apply on import of certain services associated with the goods.
- Net effect — IGST is largely recoverable, so it's a cash-flow item rather than a permanent cost.
Exports — Zero-Rated
- Zero-rated supply — exports bear no net GST.
- Option A: Export under LUT — no IGST paid upfront; claim refund of unutilised input credit.
- Option B: Pay IGST & refund — pay IGST on export, then claim it back via the shipping bill.
- Best for cash flow — most regular exporters file an LUT (form RFD-11) once a year.
Your goods may clear customs in days — but if the money isn't realised correctly under FEMA, the transaction is never truly complete.
FEMA & RBI — governing the money
While customs governs the goods, FEMA (Foreign Exchange Management Act) and the RBI govern the foreign currency that flows in and out. Every import payment and export receipt is tracked by your Authorised Dealer (AD) bank and reported to the RBI. These are the rules that matter most:
Methods of realising payment
International trade payments balance two competing needs — the exporter wants payment certainty, the importer wants delivery certainty. These are the established methods, ordered roughly from most secure for the exporter to least:
Income tax on import-export trade
Profits from cross-border trade are taxed as ordinary business income, but international transactions bring a few extra obligations:
| Aspect | How it applies |
|---|---|
| Business income | Trade profits are taxed at normal slab or corporate rates; all trade expenses, duties and freight are deductible. |
| Transfer pricing | Where you trade with associated enterprises abroad, prices must be at arm's length, with documentation and a Form 3CEB report above thresholds. |
| TDS / withholding on payments abroad | Payments to non-residents (commission, royalty, technical fees) may require tax withholding under the Act read with the relevant DTAA. |
| SEZ deduction (sec 10AA) | Units in Special Economic Zones may claim profit-linked deductions, subject to conditions and phase-out timelines. |
| Foreign tax credit | Tax paid abroad on the same income may be credited in India under the applicable DTAA, avoiding double taxation. |
| Documentation | Maintain invoices, shipping bills, bills of entry, e-BRCs and contracts — essential for assessments and refund claims. |
A few practical income-tax points importers and exporters frequently overlook: customs duty paid is a deductible business expense, but only in the year the liability is incurred; foreign exchange gains and losses on trade receivables and payables are taxable or deductible and must be accounted correctly; and where you pay commission, royalty or technical fees to a non-resident, withholding tax at the rate under the Act or the applicable DTAA (whichever is more beneficial) must be deducted and a Form 15CA/15CB filed before remittance. Keeping your books, GST records and customs documents reconciled makes assessments and refund claims far smoother.
Master document checklist
Documentation is where most shipments get delayed. Keep every paper ready before the goods move — a missing certificate or a mismatched invoice can hold cargo at the port and stall your payment. Here is the complete set for each direction, grouped by stage.
Export Documents
Import Documents
The perfect chronology — hassle-free trade
Doing the right things in the right order is what separates smooth trade from stuck cargo and blocked payments. This is the ideal sequence we guide clients through — follow it and nearly every common problem is avoided before it arises.
Foundation — before any deal
Weeks 1–3 · one-timeDeal structuring — per transaction
Before order confirmationExecution — moving the goods
Shipment stageClosure — completing compliantly
Post-shipment · within FEMA timelinesIncoterms — who bears what
Incoterms are the internationally recognised rules that define exactly where the seller's responsibility ends and the buyer's begins — for cost, risk and insurance. Agreeing the right one upfront prevents the most common cross-border disputes. The most used in Indian trade:
Step-by-step procedures
The end-to-end flow for each direction of trade, from registration to closing the transaction:
Export Procedure
- Obtain IEC from DGFT and complete GST registration.
- File LUT (RFD-11) to export without paying IGST, and register your AD Code at the port.
- Prepare documents — commercial invoice, packing list, certificate of origin and any licences.
- File the Shipping Bill on ICEGATE (also the claim for IGST refund & incentives).
- Customs clearance — examination and issue of the Let Export Order.
- Goods shipped and the carrier issues the Bill of Lading / Airway Bill.
- Realise payment within the FEMA timeline and obtain the e-BRC.
- Claim incentives — RoDTEP, duty drawback and ITC refund; bank closes the entry in EDPMS.
Import Procedure
- Obtain IEC and GST registration; identify the correct HSN and applicable duties.
- Place the order and agree Incoterms (who bears freight, insurance, risk).
- Arrange payment terms — LC, advance or open account, through your AD bank.
- Goods shipped by the supplier with invoice, packing list and Bill of Lading.
- File the Bill of Entry on ICEGATE and classify the goods.
- Pay customs duty & IGST as assessed.
- Customs clearance — examination and Out of Charge order; take delivery.
- Remit payment within the FEMA timeline; bank reconciles in IDPMS, and claim IGST credit.
40 frequently asked questions
A complete reference for importers and exporters in Hapur, Ghaziabad, Noida, Delhi NCR and beyond. Use the search box to jump to any topic.
Trading across borders? Make every law work in your favour.
From IEC and GST setup to customs, LUT, refunds, FEMA payment realisation and international taxation — Lalit Tyagi & Company guides importers and exporters across Hapur, Ghaziabad, Noida, Delhi NCR and worldwide.