Customs Department of India has recently announced an extension to the Amnesty Scheme, designed to aid defaulters in meeting their Export Obligations under Advance and Export Promotion Capital Goods (EPCG) Authorisations.
Extension of Deadline
One of the most noteworthy aspects of Public Notice No: 76/2023-JNCH is the extension of deadlines. Importers and exporters now have until December 31, 2023, to register for the scheme. Additionally, the deadline for payment of duties and interest has been pushed to March 31, 2024. This extension provides a window of opportunity for businesses that have fallen behind in fulfilling their export obligations.
Procedural Guidelines
The Amnesty Scheme outlines a clear procedure for availing of its benefits. Applicants must submit a set of documents, including a proof of registration or deficiency letter from the Directorate General of Foreign Trade (DGFT), an installation certificate if required, and a copy of Show Cause Notice (SCN) or any adjudicatory orders if applicable. All documents should be submitted to the Export Promotion Schemes Monitoring and Management Cell (EPSMMC).
Declaration Requirement
An integral part of this process is the submission of a declaration, stipulating that the applicant has no cases involving fraud, misdeclaration, or unauthorized diversion of material. Moreover, it should be confirmed that duties and interest have not been fully deposited in the past and that no CENVAT Credit or Refund will be claimed on these amounts in the future.
Implications for Stakeholders
This scheme will significantly impact various stakeholders, including Custom House Brokers, and Partner Government Agencies. It serves as an important resolution mechanism for those who have defaulted on their export obligations, providing a legal way to settle their liabilities and regularize their operations.
Conclusion
The extended Amnesty Scheme for One Time Settlement of Default in Export Obligations by Advance and EPCG Authorisation Holders serves as a lifeline for importers and exporters struggling to meet their obligations. By extending deadlines and outlining clear procedures, the scheme gives a fair chance to defaulting businesses to regularize their status. However, it’s crucial for all stakeholders to understand the detailed requirements and timelines to fully leverage this opportunity. This initiative showcases the government’s commitment to facilitating trade, and it’s in the best interest of all involved parties to take advantage of it.
*****
Office of the Commissioner of Customs (N. S.II)
Jawaharlal Nehru Custom House Nhava Shava
Tal. Uran, Dist- Raigad, Maharashtra-400 707.
F.No; CUS/EPCG/MISC/1995/2023- EPSMMC-O/o Commr- Cus -Nhava Sheva-II
Public Notice No: 76/2023-JNCH| Dated: 05/09/2023
Sub: Amnesty Scheme for One Time Settlement of Default in Export Obligation by Advance and EPCG Authorisation Holders.
Attention of all Importers, Exporters and Custom House Brokers is invited to the Public Notices No 02/2023 dated 01.04.2023 and 07/2023 dated 18.04.2023 issued by DGFT, New Delhi and PN No. 47 dated 25.05.2023 Of this Customs House.
2. It is brought to the notice of trade that the deadline for registration for availing the “AMNESTY SCHEME FOR ONE TIME SETTLEMENT OF DEFAULT IN EXPORT OBLIGATION BY ADVANCE AND EPCG AUTHORISATION HOLDERS” has been extended to 31.12.2023 and the date of payment of duty and interest has been extended to 31.03.2024.
3. In order to facilitate the importers availing the “Amnesty Scheme”, the following procedure is being prescribed-
i. The applicants availing the scheme shall submit the following documents in the Export Promotion Schemes Monitoring and Management Cell (EPSMMC):
a. A proof of registration under “Amnesty Scheme” or a Deficiency letter from DGFT indicating the payment to be made
b. Installation certificate, wherever required
c. A declaration as given in Annexure at page 2 of this Public Notice. All those applicants who have not submitted the declaration, in past, are requested to submit the same to Export Promotion Schemes Monitoring and Management Cell, immediately.
d. A copy of SCN or 0 in 0 of Adjudicating Authority or Order of Appellate Authority, wherever applicable.
ii. On receiving the above documents the concerned officer from EPSMMC shall process the application in the original file available with EPSMMC to avoid duplication of files for same authorisations and for payment of duty and interest.
4. All such importers who were unable to meet their Export Obligations under Advance Authorisations and EPCG Authorisations are advised to avail the “Amnesty Scheme” and regularise the default in Export Obligations.
(SANJEEV KUMAR SINGH)
Commissioner N S-II / JNCH
Mumbai Customs Zone II
Copy to: –
To
1. For information to PS to the Chief Commissioner of Customs, JNCH
2. AC/DC, EDI for uploading on JNCH website.
3. CHS Section for Notice Board.
4. Customs Broker Associations-BCBA/WISA.
5. All Partner Government Agencies (PGAs).
6. Members of the Trade (MANSA/CFSAI/CSLA).
ANNEXURE
DECLARATION
This is to declare that:
i) there is / are no cases under investigation or cases adjudicated or pending for adjudication for/ involving fraud, misdeclaration or unauthorised diversion of material and /or capital goods against the Advance Authorisations / EPCG Authorisations issued to us against which the “Amnesty Scheme’ is being availed.
ii) that duty along with applicable interest has not already been deposited in full against the Advance Authorisations / EPCG Authorisations for default in Export Obligations.
iii) that neither CENVAT Credit nor Refund, under any provision of law, of any amount shall be claimed by us on duties paid under this scheme.
(Name of authorised signatory)
Name of the company & seal
Date:
