GOVERNMENT OF
MINISTRY OF COMMERCE AND
INDUSTRY
PUBLIC NOTICE NO . 79
(RE-2005)/2004-2009
In exercise of powers conferred under Paragraph 2.4
of the Foreign Trade Policy, 2004-09, the Director General of Foreign Trade
hereby lays down the following guidelines in consultation with Department of
Revenue for disposal of the old cases of advance licences issued before
31.03.2002 where the licencee is unable to produce the
logged DEEC books. :
1.
In respect of Quantity Based Advance Licence (QABAL) cases, the licensee
is required to furnish the following documents before the RLA for processing the
case for E.O. discharge:-
i.
Original or
Duplicate E.P. Copy or DEEC copy of the shipping bills with endorsement of
customs examination report;
ii.
Original or bank
attested duplicate copy of bank realization certificate;
iii.
Customs attested
invoice/packing list;
iv.
An affidavit
indemnifying the RLAs and the customs along with an undertaking that the export
documents have not been utilized for obtaining benefits under any other Export
Promotion Schemes etc. except the schemes which were allowed in addition to
advance licence scheme against the same shipping bills as per the format annexed
with this Public Notice;
v.
A copy of the
MODVAT Non-availment certificate duly countersigned by
Central excise Authority.
2.
In respect of Value Based Advance Licence(VABAL) cases, the licensee is
required to furnish the following documents before the RLA for processing the
case for E.O. discharge:-
i.
Original or Duplicate E.P. Copy or DEEC copy of the shipping bills with
endorsement of customs examination report;
ii.
Original or bank
attested duplicate copy of bank realization certificate;
iii. An affidavit
indemnifying the RLAs and the customs along with an undertaking that the export documents
have not been utilized for obtaining benefits under any other Export Promotion
Schemes etc except the schemes which were allowed in addition to advance licence
scheme against the same shipping bills as per the format annexed with this
Public Notice;
iv.
A copy of the
MODVAT Non-availment certificate duly countersigned by
Central excise Authorities;
v.
Shortfall in
Exports obligation to be regularised in terms of Policy Circular No. 28(RE-2000) dated
22.9.2000;
vi.
In case there is no report/remark by the
customs authority on over-valuation/under-valuation of price of import or export
consignment, the price data available with the licensing authority shall be
considered for disposal of the case.
3.
Before redemption of Bond/Bank Guarantee/LUT against advance licence for
physical exports, the customs Authority at the port of registration shall verify
that the details of exports given are as per their
records.
4. Once the E.O. is discharged by RLA, a copy of the
E.O discharge letter along with the required documents should be forwarded to
the concerned customs authority. In addition, all RLAs are instructed to send
monthly reports to the concerned commissioner of customs giving details of
advance licences which have been discharged by RLAs based on above stipulated
conditions.
5.
However, the provisions of paragraph 1 to 2 stated above shall not be
allowed in respect of the advance licences where mis-representation / fraud has come to the notice of the
licencing/customs authorities and in respect of
advance licences for Marble where import of rough marble was permitted. Further in respect of licences where
adjudication orders have already been passed on account of non-submission of
documents evidencing fulfillment of export obligation, other than logged DEEC
books, the aforesaid provision stipulated in paragraph 1 to 2 shall not be
admissible.
6.
The Regional Licensing Authorities shall forward a Monthly Report to the
Customs Authority at the
This issues in public interest.
Sd/-
(K.T. CHACKO)
DIRECTOR GENERAL OF FOREIGN
TRADE
(Issued from F.No.
01/94/180/PN/AM06/PC-I)
Annexure to Public Notice No.79 dated
02.01.2006
AFFIDAVIT
CUM INDEMNITY BOND
I / We hereby solemnly affirm and declare that the shipping bills as
stated below have been filed and shipments cleared by the Customs under advance
licence No. dated
issued from the office of
..(name of the licensing authority) from
F.No
and the raw-material(s) allowed as per
the licence has been cleared against Customs Exemption Notification No .
..
dated
.
Sl.No. Shipping Bill
No. & date
Export Product
Weight
Value (in Rs.)
I/We confirm that goods have been exported against above shipping bills
and the export proceeds have been realized. I /We further affirm and declare
that shipping bills, as stated above, have not been taken into account for
fulfillment of export obligation against any other licence except the Schemes
which were allowed in addition to Advance Licence Scheme against the same
shipping bill(s). I/We further
declare that neither any adjudication order have been
passed nor any court case is pending for the matter related to aforesaid
shipping bills or the advance licence. I/We further declare that photo copies of
the documents submitted
are the true copies of the genuine original documents.
I/We solemnly affirm and declare that whatever is
stated above is true to the best of my / our knowledge and record. I/We further indemnify the Government of
India to recover the amount, if any for any revenue loss which may occur (might
have occurred) due to the above submission made by me /
us.
DATE :
NAME:
PLACE:
SIGNATURE:
DESIGNATION:
ADDRESS:
Note:
1. This indemnity bond should be
submitted on Rs.150/- Stamp Paper.
2. The bond is required to notorised.
3. Proprietors /Partners / Directors / Authorised Signatory has to sign
the bond alongwith their name and residential address.
In case the bond is signed by authorized signatory, copy of power of attorney in
favour of authorized signatory needs to be
enclosed.