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Circular No. 117/95-Cus.
dated 17/11/95
F.No. 605/14/95-DBK
Government of India
Ministry of Finance
Department of Revenue, New Delhi

Subject : Issue of Telegraphic Release Advice for imports under DEEC – further clarification – regarding

Please refer to the Ministry’s earlier Circular No. 12/95-Cus. dated 20.2.95 and Circular No. 51/95-Cus. dated 24th May, 1995 regarding issue of Telegraphic Release Advice (TRA) for imports under DEEC Scheme. Some representations have been received form the trade circles complaining about  delay in issue of TRA.  Reasons cited for delay in the representations are that the Customs House insist on furnishing the following documents by the importer:-

(a)  Production of advance licence duly registered with the Customs House for the purpose of debiting the same before issue of TRA.

(b) Production of DEEC book Part-I for the purpose of verifying details of particulars mentioned in the advance licence for correlation with the DEEC book Part-I. The Customs Houses also insist on details of LUT / bond executed by the exporter with the licensing authority for  the licences issued prior to 1.4.95. In addition, details about bond and Bank Guarantee executed with the Customs House in respect of licences issued on or after 1.4.95 is also insisted upon for the purpose of making an entry in the DEEC book.

(c)  A copy of Invoice is insisted upon for the purpose of verifying the description, quantity and value  of the goods under the Advance Licence and DEEC book.

(d) A copy of Bill of Lading / Air Freight Bill is insisted upon to verify that the shipment is covered by the licence.

The matter has been examined by the Ministry and it is felt that whereas the documents listed at (a) to (c) are required to be produced to the Customs House before issue of TRA, but insistence on Bill of Lading / Air Freight Bill does not appear to be correct as there is no need for the Customs House to verify whether shipment is covered y the licence produced as all these aspects regarding licence can be verified at the Customs House/ Port / ICD at which the goods are imported and sought to be cleared.

The Ministry’s earlier instructions issued on the matter applied mulatis mutandis to the consignments received both by sea and by air. On further reconsideration of the matter on a representation received from the trade circulars about issue of TRA on the basis of Proforma Invoice.  When the consignment arrives by air, it has been decided that there should be no objection of issuing TRA on the basis of Proforma Invoice because TRA is only a sort of intimation to the Port of Clearance which after its debit is sent back to the port of Registration of the licence. There should, therefore, be no difficulty in debiting the amount of TRa in the licence/ DEEC book by the Customs Houses at which the same are registered. The earlier instructions issued on this behalf stand modified to this extent as far as import of consignment by air is concerned.

 In view of the above, your are requested to issue necessary public notice for the benefit of trade and standing order for the guidance of the departmental officers. A copy of Public Notice and Standing Order issued by the Customs House may be sent to this Directorate and Director General of inspection and Audit (C & CE).

Sd/-
(Sunil Kumar)
Director (Drawback)

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