Latest Expert Exchange Queries

GST Demo Service software link: https://ims.go2customer.com
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
 
 
 
 
Popular Search: VAT Audit :: Central Excise rule to resale the machines to a new company :: ARTICLES ON INPUT TAX CREDIT IN VAT :: VAT RATES :: form 3cd :: empanelment :: TAX RATES - GOODS TAXABLE @ 4% :: cpt :: ACCOUNTING STANDARDS :: list of goods taxed at 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ACCOUNTING STANDARD :: articles on VAT and GST in India :: due date for vat payment :: TDS
 
 
« Latest Circulars »
 Risk Management and Inter-Bank Dealings – Facilities for Hedging Trade Exposures invoiced in Indian Rupees
 Exim Bank's Government of India supported Line of Credit of USD 1 billion to the Government of Mongolia
 Master Circular –Scheme of Penalties for bank branches based on performance in rendering customer service to the members of public
 Bilingual/Hindi House Magazine Competition for Public Sector Banks/ Financial Institutions – (2016-17)- Inviting Entries
 Master Direction on Issuance and Operation of Prepaid Payment Instruments
 The Bhavana Rishi Co-operative Urban Bank Ltd., Hyderabad, Telangana – Penalised
 RBI launches Quarterly Order Books, Inventories and Capacity Utilisation Survey: July-September (Round 39)
 RBI-Sovereign Gold Bond Scheme (Revised)
 RBI-Sovereign Gold Bonds Scheme, Operational Guidelines (Revised)
 RBI-Sovereign Gold Bond Scheme
 RBI-Sovereign Gold Bonds Scheme, Operational Guidelines

Regarding mandatory e-filing of Central Excise returns in ACES thereby amending CENVAT Credit Rules, 2004 Fourth Amendment
October, 14th 2011

Circular No. 45/2011-Cus.

 

 

F. No. 605/49/2009-DBK

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

 

 

New Delhi,  dated 13th October, 2011.

 

To

All Chief Commissioners of Customs/ Customs (Preventive)

All Chief Commissioners of Customs & Central Excise

All Director Generals under CBEC,

All Commissioners of Customs/ Customs (Preventive),

All Commissioners of Customs & Central Excise.

 

Sir/Madam,

 

Subject : Re-Export of goods imported under reward schemes and DEPB Re-credit of dutyReg.

 

 

Reference is invited to Boards Circular No. 75/2000-Cus dated 11.09.2011; No. 21/2006-Cus dated 10.08. 2006 and 25/2009-Cus dated 29.09.2009 regarding procedure to be followed for allowing of re-export of goods and re-credit of duty credit  scrip in respect of DEPB, SFIS/VKGUY, TPS / DFCE / FMS / FPS / HTPEPS/SHIS/ Agri Infrastructure Incentive scheme under VKGUY respectively.

 

2.         In terms of the said circulars, goods imported under DEPB or other schemes mentioned above, which have to be re-exported because such imported goods were found defective or unfit for use were allowed for re-export subject to the fulfillment of certain conditions specified therein and provided necessary permission for such re-export was given by the Commissioner of Customs concerned. 

 

3.         In this regard, representations have been received from the trade and industry that the extant circulars do not provide for situations, where such re-export takes place, for reasons other than the goods having been found to be defective/ unfit.  The matter has been examined.

 

4.         It is observed that the provision for re-export of defective/ unfit goods stipulated under para 3.11.6 of the Hand Book of Procedures Vol. I (HBP v1) has been amended by the DGFT vide Public Notice No. 22/2009-14 (RE 2010) dated 14.01.2011 wherein re-export of imported goods subject to re-assessment of debited duty and re-export on account of any other reason was allowed in addition to export of defective/ unfit goods that was already provided in the said para 3.11.6 of HBP v1.  Further, the procedure for issuance of fresh scrip by concerned Regional Authority (RA) of DGFT has also been replaced with re-credit certificate issued by the Customs.

 

5.         In view of the above said amendments by DGFT in the HBP v1, it is clarified that in respect of reward schemes specified under Chapter 3 of FTP and DEPB scheme, re-export of imported goods, which are found to be defective /unfit and/ or for re-export on account of any other reason, may be permitted by the Commissioner of Customs, subject to fulfillment of the following conditions:

 

(i)        re-export of goods shall take place from the same port from where the goods were imported;

(ii)       the goods are re-exported within 6 months from the date of import;

(iii)      the Asstt. /Dy. Commissioner of Customs is satisfied about the identity of the goods;

(iv)     The goods are not put into use after import;

(v)      At the time of allowing the re-export, Customs shall issue a re-credit Certificate containing particulars of scrip used, date of import of re-exported goods and amount debited while importing such goods. There shall be no need for issue of fresh scrip in such cases by DGFT regional offices;

(vi)     Customs shall permit use of the said re-credit amount to the extent of 98% only;

(vii)    The validity of re-credit certificate shall be for six months from the date of issuance of re-credit certificate; and

(viii)    The remittances have to be properly accounted for as per the prevalent guidelines for the import and the export of the goods.

 

6.         The above clarification will be effective from the date of issue of Public Notice No. 22/2009-14 (RE 2010) i.e. w.e.f. 14.01.2011.

 

7.    Suitable Public Notice for information of the trade and standing orders for guidance of the staff may kindly be issued on the above lines.

 

8.    Receipt of the Circular may please be acknowledged.

 

Yours faithfully, 

 

(Rajesh Kumar Agarwal)

Under Secretary (Drawback)

 

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Company Overview

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions