RTI Customs /TR / import of AR
Posted: Tue Dec 22, 2009 5:25 pm
I submitted an RTI with the customs. Response given by Customs:
Information sought: Import of Air Rifle and procedure for bringing in firearm under Transfer of Residence rule
1a). What is the procedure for bringing in firearm under Transfer of Residence (TR) rule?
1b). Documents required for bringing in firearm on TR as part of personal baggage and
1c). What is the duty on firearm on TR?
2a). Please clarify if .22 calibre air rifle can be imported as part of personal baggage? If so, what documents are required?
2b). What will be duty for import of .22 calibre air rifle?
3a). Please clarify if .177 calibre air rifle can be imported as part of personal baggage? If so, what documents are required?
3b). Please clarify if .177 calibre air rifle can be imported as part of cargo? If so, what documents are required?
3c). Is there different rate of duty if .177 air rifle is imported via cargo or personal baggage?
3d). What is the duty payable on .177 calibre air rifle by those who are members of a Rifle Club / Association for their own use?
The response as given by Customs:
Please refer to your application dated 11.11.2009 received on 12.11.2009 in this office on the above subject.
The information being sought is not appropriately covered in the definition of information as stipulated in the Right to Information Act. For the sake of reference definition of “information” as provided in the act is reproduce below:
“information” means any material in any form, including records, documents, memos, e-mails, opinion, advices, press releases, circulars, orders, logbook, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. For further detailed information, you can have it on the website www.cbec.gov.in & www.dgft.nic.in / www.dgft.gov.in.
However the information sought for by you is as under:
1. (a,b) In terms of Baggage Rules, 1998 issued by Ministry of Finance, Department of Revenue, Notification no. 30 / 1998-Cus (AS) dated 02.06.1998 as amended from time to time.
The TR is defined under Rule 8 of ibid Rules, wherein a person who is transferring residence to India shall be allowed clearance free of duty in addition to what is allowed under Rule 3, or Rule 4 as the case may be, article in his bonafide baggage to the extent mentioned in Column (1) of Appendix F subject to the condition mentioned in the corresponding entry in Column (2) of the said Appendix. In terms of conditions as prescribed under Appendix F ibid the following condition are to be satisfied. (i) Minimum stay of two years abroad immediately proceedings the date of his arrival on TR. (ii) The said passenger has not availed this concession in the proceedings 3 years. (iii) Total stay in India on short visits during the proceedings two years should not exceed 6 months.
In this connection, it is further informed that import of the fire arms is strictly prohibited. Similarly import of cartridges in excess of 50 is also prohibited. Both being listed under the Annexure 1 of the Baggage Rules, ibid.
A passenger can bring firearms permissible bores under TR on the following conditions:
a) The same was in possession and used abroad for a minimum period of one year by the passenger and after clearance shall not be sold, loaned, transferred or otherwise partied with for consideration or otherwise during the life time of such person. The firearms can be allowed in such cases on payment of applicable duty provided the passenger has a valid arms license from the local authorities.
1(c). The rate of duty on firearms on transfer of residence of one firearms of permissible bore @ 153% Adv.
2(a). Not permissible to general passengers.
2(b) Does not arise in view of 2(a).
3(a,b,c). As in 2(a).
3(d). Please refer to Notification no. 147 / 1994 – Cus dated 13.07.1994 as amended from time to time and Notification No. 146 / 1994 as amended.
With this reply your application dated 11.11.2009 under RTI Act, 2005 stands disposed off from the office of the Joint Commissioner of Customs, IGI Airport, New Delhi.
An appeal against this order can be filed before the Appellate Authority, i.e., Joint Commissioner of Customs, IGI Airport, New Delhi within 30 days of the receipt of the decision under section 19(1) of the RTI Act, 2005.
Reply from the office of Mr. R. K. Digvijay, Deputy Commissioner, CPIO.
My Inference: Customs has no idea about what they talking w.r.t Question 2 and 3. They sent me this reply, but I’m not going to let this go. They don't make me wait one month and give me such a reply.
I spoke to the lady who sent me this reply and she started checking with her colleagues not knowing that I could hear her on the phone. The gist of what they were saying is that only Renowned shots are allowed to bring Airgun as part of baggage or Cargo and nobody else. 
Then she kept the phone down without responding and has since stopped picking up the phone. Before anyone jumps to any conclusion with my previous statement, please note that I plan to take this up with the Appellate Authority after Christmas break.
Information sought: Import of Air Rifle and procedure for bringing in firearm under Transfer of Residence rule
1a). What is the procedure for bringing in firearm under Transfer of Residence (TR) rule?
1b). Documents required for bringing in firearm on TR as part of personal baggage and
1c). What is the duty on firearm on TR?
2a). Please clarify if .22 calibre air rifle can be imported as part of personal baggage? If so, what documents are required?
2b). What will be duty for import of .22 calibre air rifle?
3a). Please clarify if .177 calibre air rifle can be imported as part of personal baggage? If so, what documents are required?
3b). Please clarify if .177 calibre air rifle can be imported as part of cargo? If so, what documents are required?
3c). Is there different rate of duty if .177 air rifle is imported via cargo or personal baggage?
3d). What is the duty payable on .177 calibre air rifle by those who are members of a Rifle Club / Association for their own use?
The response as given by Customs:
Please refer to your application dated 11.11.2009 received on 12.11.2009 in this office on the above subject.
The information being sought is not appropriately covered in the definition of information as stipulated in the Right to Information Act. For the sake of reference definition of “information” as provided in the act is reproduce below:
“information” means any material in any form, including records, documents, memos, e-mails, opinion, advices, press releases, circulars, orders, logbook, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. For further detailed information, you can have it on the website www.cbec.gov.in & www.dgft.nic.in / www.dgft.gov.in.
However the information sought for by you is as under:
1. (a,b) In terms of Baggage Rules, 1998 issued by Ministry of Finance, Department of Revenue, Notification no. 30 / 1998-Cus (AS) dated 02.06.1998 as amended from time to time.
The TR is defined under Rule 8 of ibid Rules, wherein a person who is transferring residence to India shall be allowed clearance free of duty in addition to what is allowed under Rule 3, or Rule 4 as the case may be, article in his bonafide baggage to the extent mentioned in Column (1) of Appendix F subject to the condition mentioned in the corresponding entry in Column (2) of the said Appendix. In terms of conditions as prescribed under Appendix F ibid the following condition are to be satisfied. (i) Minimum stay of two years abroad immediately proceedings the date of his arrival on TR. (ii) The said passenger has not availed this concession in the proceedings 3 years. (iii) Total stay in India on short visits during the proceedings two years should not exceed 6 months.
In this connection, it is further informed that import of the fire arms is strictly prohibited. Similarly import of cartridges in excess of 50 is also prohibited. Both being listed under the Annexure 1 of the Baggage Rules, ibid.
A passenger can bring firearms permissible bores under TR on the following conditions:
a) The same was in possession and used abroad for a minimum period of one year by the passenger and after clearance shall not be sold, loaned, transferred or otherwise partied with for consideration or otherwise during the life time of such person. The firearms can be allowed in such cases on payment of applicable duty provided the passenger has a valid arms license from the local authorities.
1(c). The rate of duty on firearms on transfer of residence of one firearms of permissible bore @ 153% Adv.
2(a). Not permissible to general passengers.
2(b) Does not arise in view of 2(a).
3(a,b,c). As in 2(a).
3(d). Please refer to Notification no. 147 / 1994 – Cus dated 13.07.1994 as amended from time to time and Notification No. 146 / 1994 as amended.
With this reply your application dated 11.11.2009 under RTI Act, 2005 stands disposed off from the office of the Joint Commissioner of Customs, IGI Airport, New Delhi.
An appeal against this order can be filed before the Appellate Authority, i.e., Joint Commissioner of Customs, IGI Airport, New Delhi within 30 days of the receipt of the decision under section 19(1) of the RTI Act, 2005.
Reply from the office of Mr. R. K. Digvijay, Deputy Commissioner, CPIO.
My Inference: Customs has no idea about what they talking w.r.t Question 2 and 3. They sent me this reply, but I’m not going to let this go. They don't make me wait one month and give me such a reply.
I spoke to the lady who sent me this reply and she started checking with her colleagues not knowing that I could hear her on the phone. The gist of what they were saying is that only Renowned shots are allowed to bring Airgun as part of baggage or Cargo and nobody else. Then she kept the phone down without responding and has since stopped picking up the phone. Before anyone jumps to any conclusion with my previous statement, please note that I plan to take this up with the Appellate Authority after Christmas break. 
nail the ********.
I thought you're busy shooting some already old antiquated dead pig!!