News Update

Jio turns world’s top telco in terms of data trafficIndia takes part in 'Institutionalization of SMART Government for Improving Service Delivery' in LondonGadkari faints during campaign; Heat takes toll on his health'Sunflowers were the first ones to know' - film by FTII student selected at CannesSARFAESI Act - Award of interest on auction money at rate applicable to fixed deposits is not a correct view and rate of interest deserves to be enhanced: SC (See 'TIOLCorplaws')ST - Chit Funds - Tax was not paid under mistake of law but upon demand by tax authorities - Refund not having been filed within time was rightly rejected: HCSC asks EC to submit more info on reliability of EVMsGST - Without considering reply on merits, proper officer has held that reply is unsatisfactory and, therefore, he is left with no alternative but to create demand - Order set aside: HCGST - Cancellation of registration retrospectively - Show Cause Notice and the impugned order are bereft of any details, accordingly the same cannot be sustained: HCGST - Registration could not have been cancelled retrospectively for the period for which returns were filed and taxpayer was compliant: HCGST - Notfn 11/2017-CTR amended by 03/2022 - Work contracts executed before 18 July 2022 - Petitioners should file refund claims before respondent agitating grievance and same be examined and orders passed within 4 months: HCItaly imposes USD 10 mn fine on Amazon for unfair business practicesGST - Entire tax liability has been realised by appropriating the amount from the petitioner's bank account, therefore, Revenue interest stands fully secured - Since tax proposal was confirmed without participation of petitioner, order set aside and matter remanded: HCCaste Census is my mission, says RahulRight to Sleep - A Legal lullabyUS warns Pak of punitive sanctions against trade deal with IranI-T- Income surrendered before approaching Settlement Commission not covered u/s 115BBE, where this provision did not exist during relevant AYs: HCChinese companies decry anti-subsidy probe by EUI-T- Entire interest expenditure is allowable as deduction if loan funds is not diverted for non-income earning activities/personal purposes : ITATUK to send military aid package worth USD 619 mn to UkraineUS regulator bans non-compete agreements by employeesAir India, Nippon Airways join hands for travel between India and JapanSC grills Baba Ramdev & Balkrishna in misleading ad case
 
Englishman's gift to a poor Indian gets stuck in Customs; Mr FM, Pl do something!

By TIOL News Service

NEW DELHI, JAN 19 : Francesca Poelman, a philanthropic Englishman wanted to give a surprise Christmas gift to a poor Indian, Repalemba Jamir who lives in Shillong. Jamir’s father is dead and his mother ekes out a living by selling candles. He could have never dreamed of buying a guitar. The poor Englishman not knowing the ways of Indian Customs, decided to bring a little cheer to poor Jamir’s life. He bought a second hand guitar and sent it across through a church in Shillong as a very big surprise Christmas gift for Jamir. But Kolkotta Customs does not understand such sentiments. They want Jamir to pay Rs. 40,000/- for the guitar.

Fran Poelman writes to TIOL that neither Jamir, nor the Church through which the guitar was gifted can afford such a huge amount for the guitar. Is Poelman rich? No, He is only good! He tells us that even he can’t afford to pay this amount. He bought a second hand guitar as a gift for an unfortunate Indian. But our Customs doesn’t work on sentiments; they do on stiff rules. Now Poelman does not know what to do. He, the Church and  Jamir cannot afford to pay the 40,000 demanded by Kolkotta Customs. So the only option is to send the guitar back.

The Customs have a system called facility under which if you are big enough, or know the big people, you can walk past the Customs in our Airports with a little more than the allowed free baggage and may be a couple of more scotch bottles than permitted. Who are these people who avail the Customs facility? ­ of evading a small amount of Customs duty? The rich and powerful of the society, who only get thrilled by getting the customs facility. A Sachin Tendulkar can get a Ferrari imported free of duty, but a guitar gifted by a poor Englishman to a poor Indian! No chance! We follow the law strictly. 

Please could you help me? pleads Mr Fran Poelman (See full text of his letter as given below).

TIOL appeals to the Finance Minister, the Chairman, CBEC and the Chief Commissioner, Kolkotta Customs to help. Please hand over that guitar to Repalemba Jamir. Much more than customs duty is involved here.

51 Melbourne Avenue
Chelmsford
Essex. CM1 2DP
England
Fax number – 01245 318701
 
To whom it may concern,

Please, could you help me?

At the beginning of December 2004 I sent a guitar as a gift to a friend, Repalemba Jamir. He lives in a town called Shillong in Meghalaya. I had bought the guitar in February last year. In December I wanted to send it to my friend in India as his father has died and he has absolutely no way of being able to buy a guitar for himself now that his mother has very little money to spend. The small amount she does make selling candles just helps them to make ends meet. I decided that I wanted to bless Repalemba and send him the guitar I had bought in February as a very big surprise for Christmas. When I spoke to the company here in England, Ocean International, based in Southampton, they assured me that there would be no problem in sending the guitar and that as I was sending as a gift to Repalemba through his church in Shillong then the customs tax needed to be paid should not be too much.

However, the guitar is still at the Federal Express depot in Calcutta and the customs official has reported to Repalemba that they will not deliver the guitar until he pays Rs 40000/-. This works out to be approximately Ł550. This is terrible as the guitar and the accessories I sent with it are valued at no more than Ł600 now that is second hand.

I have spoken to some of the Indian traders I know here in Essex and they informed me that a mistake must have been made because this amount is much too much.
 
I would be grateful if you could let me know if the amount that the customs officials are asking for in Calcutta is correct. My friend cannot pay this money, neither can the church we are sending it to and neither can I as it cost me quite a lot of money to send it in the first place. Please could you assist me in this matter? I would be grateful if you could deal with my request in writing, either by fax or letter, so that I can forward any information you give me to Repalemba. I fear that if this is the correct amount then we will have to ask Federal Express to return the guitar back to England.
 
Yours faithfully,

Francesca Poelman
franpoelman@hotmail.com


 RECENT DISCUSSION(S) POST YOUR COMMENTS
   
 
Sub: Englishman's gift

Suggest that FM/CBEC should formulate a rules & regulation so that the GENIUNE persons are benefited by the loved gift given by others

Posted by MURALIKRISHNAMURTHY MURALIKRISHNAMURTHY
 

TIOL Tube Latest

Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.


Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.