Date: |
12-07-2019
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Notification No: |
ECA Circular No. 26/2015-20
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Issuing Authority: |
DGFT
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Type: |
Circular
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File No: |
F.No. 18/04/ HQ/ 2019-20/ECA-II/345 |
Subject: |
Action for recovery of Penalty, Pending Appeals/Reviews
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F.No. 18/04/ HQ/ 2019-20/ECA-II/345 Government of of India
Ministry of Commerce and Industry Directorate General of Foreign Trade
‘H’-Wing, Udyog Bhawan, New Delhi Web : http://dgft.gov.in
New Delhi, the 12th July, 2019.
ECA Circular No. 26/2015-20
To
All Regional Authorities/SEZs
Subject:- Action for recovery of
penalty, pending Appeals/Reviews.
While processing Appeal and Review
Petitions filed by various aggrieved parties u/s 15 & 16 of FT(D&R) Act, 1992
against Adjudication/Appellate orders passed by various RAs/SEZs, it is observed
that in majority of such cases, no concrete action is taken up by the
Adjudicating Authorities to recover the penalty amount. In some cases, the
parties have filed appeals long back but have not bothered to attend the
appeal/review procedures. This modus operandi is adopted by the unscrupulous
parties as the RAs/SEZs do not take stricter action for recovery. The
Adjudicating Authorities may please note that filing of an Appeal/Review does
not tantamount to stay on recovery unless & until a specific order is made by
the appropriate authority to stay recovery of such penalty.
2. Therefore,
all the Adjudicating Authorities in RAs and SEZs are advised to review such
cases where adjudication orderswere passed by them and penalty has been imposed.
Recovery of penalties should be immediately initiated by the Adjudicating
Authorities where no stay has been granted by the Appellate Authority/Reviewing
Authority or any court of law.
3. A report giving details of all such
cases along with action taken for recovery in each such case should be furnished
to this Directorate withina period of 30 days from issue of this instruction.
This issues with approval of the Director General of Foreign Trade.
(Rajbir Sharma) Joint Director General of Foreign Trade Tele: 23061056
Email:rajbir.sharma@nic.in
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