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Cus - Subsequent to order under challenge, Customs Broker Licence of appellant has been revoked, appeal becomes infructuous: CESTATCus - Since the licence has ultimately been revoked, appeal directed against confirmation of suspension of Customs Broker licence, has been rendered infructuous: CESTATCus - Once verification of address is complete, if client moves to a new premises and does not inform authorities or does not get his documents amended, such act or omission of client cannot be held against Customs Broker: CESTATCus - Once verification of address is complete, if client moves to a new premises and does not inform authorities or does not get his documents amended, such act or omission of client cannot be held against Customs Broker: CESTATCus - Subsequent to order under challenge, Customs Broker Licence of appellant has been revoked, appeal becomes infructuous: CESTATCus - Subsequent to order under challenge, Customs Broker Licence of appellant has been revoked, appeal becomes infructuous: CESTATSuspension & Revocation of Customs Broker LicenseIranian President Ebrahim Raisi, foreign minister die in chopper crash in northwestern IranI-T - Escapement of income due to claim of deduction u/s 80-IB(10) was certainly a subject matter of appeal and admittedly so and on this income reassessment is not permissible : HCPatanjali staffers jailed after much-hyped ‘Soan Papdi’ fails food standardsFSSAI alerts Fruit Traders against use of Calcium Carbide in Fruit RipeningBlowback for Sunak mulling curbs on post-study visas for foreign studentsI-T - Additions framed u/s 68 on account of unexplained cash credit cannot be sustained where AO does not specify how such additions had been computed: ITATIranian President Raisi’s death confirmed in copter crashPoll-related seizures piling up close to Rs 9,000 croresI-T - Charitable organisation cannot be denied registration u/s 12AB solely on grounds that it is managed by one person, but where its activities are for the benefit of the entire society at large: ITATIndonesian volcano turns active; 7 villages evacuatedCitizens join big time with EC to check electoral malpracticesCongo Military claims it foiled serious bid of coup involving Americans and British menI-T - Material to be considered for invoking Search assessment should be seized in course of search u/s 132 of the Act on searched action or requisitioned u/s 132A: ITATNew Taiwanese President assumes office amid rising tensions from China889 candidates to contest elections in Phase 6I-T - Failure of AO in recording the satisfaction based on any material seized during the course of the search, vitiates search assessment proceeding: ITATECI seizures inches close to Rs 9000 Cr; 45% of seizures are drugsPMLA - If accused appears before Special Court pursuant to summons, he shall not be treated as if he is in custody and it is not necessary for him to apply for bail : SC (See 'TIOLCorplaws')Delhi logs 44.4 degrees temperature on SundayCus - Warehoused goods cleared for export & was bound for foreign-going vessel; Customs officers issued Let Export order; Department's allegation of goods being diverted not backed by evidence, hence unsustainable: CESTATAmnesty Scheme for exporters: Govt recovers Rs 852 CroreCustoms - CBIC prescribes undertaking from importers of lubrication oil for clearance of consignmentGas tanker blast in Pune; Hotels, houses guttedST - Dry Leasing - Agreement between assessee & party for leasing jet aircraft with possession solely at risk of lessee along with maintenance, is not Supply of Tangible Goods; transaction amounts to Deemed Sale under Article 366(29A) of Constitution & hence excluded from Service Tax levy: CESTATViolations of economic sanctions: Criminal penalties come into forceST - Commissionerate at Raipur lacks jurisdiction to issue SCN demanding tax for such service which was provided by assessee's unit in Delhi, where service in question is rendered outside jurisdiction of Raipur Commissionerate: CESTATBengaluru Customs nabs 4 pax with gold powder worth Rs 1.96 CroreST - No question of suppression of facts would arise where assessee regularly files returns & maintains proper books; extended limitation need not be invoked in these circumstances: CESTAT
 
Amnesty Scheme - Advance & EPCG Authorisations

JUNE 06, 2023

By Dr Sanjay Kalra, LLM., Ph.D.(GST Law), Advocate, KPS Legal

THE Directorate General of Foreign Trade (DGFT) vide Public Notice No. 02 dated April 01, 2023 has notified a procedure under category of regularization of bona fide defaults, in which all pending cases of the default in meeting Export Obligation (EO) may be regularized by the Authorization Holder on payment of applicable Customs duty, corresponding to the shortfall in EO. Interest payable is capped at maximum of 100% of the Basic Customs Duties saved. However, no interest is payable on the portion of Additional Customs Duty and Special Additional Customs Duty saved.

To implement the aforesaid Public Notice dated April 01, 2023, Notification No.32/2023-Customs dated April 26, 2023 and   Circular No. 11/2023-Customs dated May 17, 2023   have also been issued accordingly.

Benefits : Amnesty Scheme is expected to ease the burden on Exporters and facilitate compliance with Export Obligations, ultimately promoting smoother trade activities. Holders of Advance and EPCG Authorisations who have defaulted on their export obligations can now avail the following benefits in regularizing these licenses under the Amnesty Scheme:

(i) Case can be closed on payment of full Customs Duty (BCD+ACD+SAD) only for the part of Export Obligation that could not be fulfilled.

(ii) Interest payable is capped at maximum of 100% of Basic Customs Duty only.

(iii) No interest to be paid on the portion of Additional Customs Duty and Special Additional Customs Duty.

(iv) Cases already Adjudicated or pending in Appeal can also be regularised.

(v) No penalty or fine to be paid

Eligibility / Coverage : Holders of the following category of Authorisations and EPCG Licenses are eligible for the Amnesty Scheme:

(i) All Authorizations issued under the Advance Authorization scheme and the EPCG scheme issued under the Foreign Trade Policy 2009 - 2014 till 31.03.2015; and

(ii) All Authorisations issued under Advance Authorization Scheme and EPCG Scheme under the Foreign Trade Policy 2004 - 2009 and before, but limited to those authorisation whose Export Obligation Period (EOP) was valid till 12.08.2013.

Exclusion : Following cases are kept outside the purview of this Amnesty Scheme:

(i) Cases where duty with applicable interest already paid in full;

(ii) Cases under investigation / cases Adjudicated involving fraud, misdeclaration, or unauthorized diversion of material and/or capital goods;

How to avail Amnesty Scheme :

(i) Interested Authorization Holders must register and apply on the website https://dgft.gov.in by June 30, 2023.

(ii) In cases where entire EO could not fulfilled, Applicant can directly pay the Customs duty and the applicable Interest to the Jurisdictional Customs Authorities before 30.09.2023 and submit the proof of payment to the concerned the Regional Authority of DGFT.

(iii) In case of a shortfall in EO fulfilment, Applicant must approach DGFT to obtain details of the customs duty and interest payable. Subsequently, the Applicant must make the payment to the jurisdictional customs authority and submit proof of payment to the DGFT.

Conclusion:

This Amnesty Scheme has provided one time settlement of default in EO by the Advance and EPCG Authorisation Holders to rectify their non-compliance by depositing Customs Duties with the limited Interest on the Basic Customs Duty only, for the shortfall in EO.

[The views expressed are strictly personal.]

(DISCLAIMER : The views expressed are strictly of the author and Taxindiaonline.com doesn't necessarily subscribe to the same. Taxindiaonline.com Pvt. Ltd. is not responsible or liable for any loss or damage caused to anyone due to any interpretation, error, omission in the articles being hosted on the site)

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