The Exporters

Export Regulations

The export regulations set the groundwork regarding duties, permissions and other laws governing export transactions. Since alcohol is a subject in the State list under the Seventh schedule of the Constitution of India, the export regulations, especially regarding duties and tariffs vary from state to state. However, here are the general steps to be followed if one wishes to export alcohol out of the country.
 

Application to the Commissioner

Any manufacturer or dealer who wishes to export alcohol must submit an application to the Commissioner. This application must specify :
  1. The name of the consignor.
  2. The name of the consignee.
  3. The description, quantity and strength of each kind of liquor to be exported.
  4. The route of export and the check post at the exit from the state or country.
Further the application to the commissioner must be accomplished by;
  1. A permit or license from the appropriate Excise authority of the State or Union territory to which the liquor is to be exported, authorizing the import of liquor.
  2. Either; i) A duly executed special bond or a reference to the general bond in Force or a document providing the payment of duty information. or, ii) A receipt or challan for having paid the duty with respect to the liquor to be exported in the Government treasury.

The Export Permit

If the application is found to be in order, the Commissioner will issue a permit specifying the name, quantity and strength of each kind of liquor. One copy of this permit will be forwarded to the exporter, the appropriate Excise officer of the State or Union territory to which the alcohol is to be exported, the Excise inspector of the Taluka and the government record respectively.
 

Time Period

Within a reasonable time period, specified by the Commissioner on the permit or bond, the exporter must produce a copy of the import permit endorsed with a certificate signed by the Excise officer of the State or Union territory to which the liquor is to be exported before the Assistant Excise Commissioner of the State concerned in order to certify the due arrival or otherwise of the liquor at its destination. The commissioner, on a written application may extend this time period if good and sufficient reasons are cited.
 

Discharge of the bond

In the case of liquor exported under a special bond, the Commissioner shall discharge the bond on receipt of the certificate, provided none of the conditions of the bond have been infringed. However, if the certificate is not received within the time period mentioned in the bond or permit, or if any conditions on the bond or permit appear to be infringed, the commissioner shall take necessary steps to recover from the executants or his sureties the penalty, if any, due under the permit.
 

Particulars to be painted on the bottle or cask;

1. The name and mark of the distillery or brewery of the state.

2. The number of the cask or other vessel and its capacity.

3. The nature, quantity and strength of its contents.

4. The batch number and date of manufacturing or bottling.

5. The Maximum Retail Price (MRP) wherever applicable in the minimum printing size specified.

  1. On each bottle, cask or any other vessel containing alcohol, there shall be legibly cut or labeled the following:
  2. Samples of the labels ‘for sale in’ or ‘for sale in any other state or country’ shall be lodged with the Commissioner for approval and recording. The commissioner shall approve the labels if they are found to be in order and record the payment of fees as specified per label per annum on notification of the government of India. Application of renewal of such labels shall be granted on payment of the specific fees of renewal. The labels on bottles, casks or any other vessel containing liquor to be exported must clearly contain the words ‘FOR EXPORT’ written in red or black.
The design and format of labels to be used for brands of liquor must be clearly distinguishable. The commissioner of excise cannot be held responsible for claims on brand names arising due to the recording of labels. Fees once paid for recording or renewing labels shall not be returned in case the labels so recorded are cancelled or withdrawn.
 

Execution of bond and payment of fees

  1. The bond to be executed by the importer or exporter can be of two types, general or special, along with two sureties acceptable to the Commissioner.
  2. The fee shall be paid in the form of a court fee stamp affixed to the application made thereof.
  3. As stated earlier, the exact fees vary from state to state, this information can be obtained from the excise officer of the respective location or alternatively, on the respective state website. Please note, it is illegal to manufacture, import or export liquor from Gujarat, Mizoram, Nagaland, Manipur and Lakshadweep (except the island of Bangaram).
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