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India Notifies E-Commerce Inventory Exception for Export-Only Sales

India Notifies E-Commerce Inventory Exception for Export-Only Sales
Centre Eases E-Commerce FDI Rules, Allows Inventory-Based Model For Exports · timesnownews.com

India has changed its rules for online shopping companies that receive foreign investment.

These companies can now keep products in their own warehouses if they plan to sell those products in other countries.

The products must be made or produced in India.

They cannot use this permission to sell their own inventory directly to Indian shoppers.

The rule was announced in July and became effective after a September 2 notification.

The companies must follow India’s export policies.

They must also show where the products came from and report that export payments were received.

The policy is intended to help Indian businesses sell more goods abroad while keeping domestic retail protections in place.

Key facts

Rule change
E-commerce entities may use an inventory-based model exclusively for exports.
Eligible goods
Goods or products manufactured or produced in India.
Domestic sales
Foreign investment in inventory-based e-commerce retailing for domestic consumption remains prohibited.
Legal instrument
Foreign Exchange Management (Non-debt Instruments) Rules, 2019.
Effective date
The provision was notified on September 2 and implements the decision announced in July.
Compliance
Companies must comply with the Foreign Trade Policy 2023, its Handbook of Procedures, and foreign-exchange export regulations.
Verification
Entities must demonstrate the goods’ Indian origin, export, and realization and reporting of export proceeds.

Quotes

Department of Economic Affairs

Finance Ministry department issuing the amended foreign-exchange rules

“The restrictions on Business to Consumer (B2C) and the inventory-based model of e-commerce stipulated under the provisions…shall not apply to the export of goods or products through e-commerce…”
livemint.com

Amit Agarwal

Senior Partner at Nangia & Co LLP commenting on the amendment

“now an FDI-invested e-commerce entity can hold and sell its own inventory of Indian-origin goods, so long as the end-use is export and not domestic consumption.”
livemint.com

The provision

The quoted text of the e-commerce foreign investment provision.

“An e-commerce entity is permitted to engage in inventory-based model of e-commerce exclusively for the export of goods or products manufactured or produced in India”
timesnownews.com

Sources

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