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Amendment of notifications under Duty Exemption Scheme and EPGG Scheme
for recovery of interest in case of default
Circular No. 131 dated 22nd
December 1995
Attention is
invited to Ministry's telex of even number dated the 21st Sept, 1995 whereby
amendments made to Notifications under Duty Exemption Scheme and Export
Promotion Capital Goods (EPGG) Scheme were communicated. Copies of the
Notification Nos. 140/95-Csutoms to 147/95-Csutoms all dated 19th September 1995
have also been forwarded with post copy of the said telex. These notification
have amended respectively Notification No. 107/ 95-Customs, 80/ 95-Csutoms,
160/95-Customs, 10/95-Customs, 128/94-Customs, 111/95-Customs, 110/95-Csutoms
and 79/95-Customs.
2. The effect of the
amendments is as under: -
(a) The requirements of
execution of Bond/ Legal Undertaking with the Licencing authorities and
production of evidence in this regard has been done away with.
(b)
In case of non-fulfilment of the conditions of the notifications,
interest at the rate of 24% per annum on the duty becoming
payable shall also be recoverable from the date of clearance of imported
goods till the date of payment; and
(c)
The exporter will be required to produce evidence to the satisfaction of
the Assistant commissioner of Customs regarding discharge
of export obligation (other than the certificate from the Licencing authority)
and compliance with other condition of the notification.
3. The requirements
of seeking a certificate from the Licencing authority in evidence of discharge
of export obligation has been done away with and the exporter is now required to
produce evidence of discharge of export obligation to the satisfaction of the
Assistant commissioner of Customs directly. Such evidence in case of exports
made under Duty Exemption Scheme should be in the form of endorsement in Part F
of DEEC Book by the proper officer of the Customs supported by DEEC (triplicate)
copy of the relevant Shipping Bill and Bills of Lading. Under the E.P.C.G
Scheme, a statement of export signed by the exporter and certified by the
Chartered Accountant, supported by export promotion copies of Shipping
Bills with respective Bill of Lading could be accepted as evidence of discharge
of export obligation. The statement should also include a declaration from the
exporters confirming that goods exported were manufactured using the
capital goods imported under the E.P.C.G. Scheme against the particular licence.
4. Change
made in the notification may please be brought to the notice of public through
suitable public Notice and also departmental orders issued for guidance of the
staff.
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