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Foreign Trade Procedures 2008-2009 - Directorate General of ...

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to deposit an amount equal to 1% <strong>of</strong> shortfall in FOBvalue in Indian Rupee, through TR in authorised branch<strong>of</strong> Central Bank <strong>of</strong> India as above, or through EFT mode.Value wise shortfall shall be calculated with reference toactual quantity <strong>of</strong> exports and FOB value <strong>of</strong> realisationwith reference to prorata quantity <strong>of</strong> imports and CIFvalue. For example, if export performance is only 50%quantitywise, but import has been for complete CIF valuepermitted, then value addition would be calculated on aprorata basis, i.e with reference to 50% <strong>of</strong> CIF value <strong>of</strong>imports. This would accordingly imply that whereAuthorisation holder is unable to export, no penalty onvaluewise shortfall shall be imposed.(iii)(iv)(v)If EO is not fulfilled both in terms <strong>of</strong> quantity and value,the Authorisation holder shall, for the regularisation, payas per (i) and (ii) above.In case an exporter is unable to complete EO undertakenin full and he has not made any import under Authorisation,Authorisation holder will also have an option to get theAuthorisation cancelled and apply for drawback afterobtaining permission from Customs authorities forconversion <strong>of</strong> shipping bills to Drawback Shipping Bills.RA shall compare relevant portion <strong>of</strong> Appendix-23 dulyverified and certified by Chartered Accountant with that<strong>of</strong> norms allowed in Authorisation(s) and actual quantityimported against Authorisation(s) in the beginning <strong>of</strong>licensing year for all such Authorisations redeemed inpreceding licensing year. In this verification process, in caseit is found that Authorisation holder has consumed lesserquantity <strong>of</strong> inputs than imported, Authorisation holder shallbe liable to pay customs duty on unutilized value <strong>of</strong>imported material, alongwith interest thereon as notified,or effect additional export within the EO period.Time Period For 4.29 Customs duty with interest to be recovered from AuthorisationDepositing Fines,holder on account <strong>of</strong> regularisation or enforcement <strong>of</strong> BG / LUT,Customs Duty, Etc.shall be deposited by Authorisation holder in relevant Head <strong>of</strong>Account <strong>of</strong> Customs Revenue i.e., “Major Head 0037 - Customsand minor head 001- Import Duties” in prescribed T.R. Challan,within 30 days <strong>of</strong> demand raised by Regional / Customs Authorityand documentary evidence shall be produced to this effect toRA / Customs authority immediately.On receipt <strong>of</strong> such documentary evidence from Authorisationholder, RA shall intimate details <strong>of</strong> recovery / deposits made to70

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