This circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992, to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.
Further, the field formations have also expressed doubts regarding para 4(i) of the Board’s Circular No.56/2004-Cus, dated 18.10.2004 as to whether in such cases the containers should be allowed to be removed after payment of Customs duty or in bond . It is clarified that such facility has been provided to manufacturer importers of metals scrap which have landed on or before 25.10.2004.
The facilities extended to this sector include, interalia, (a) duty free import entitlement of specified trimmings and embellishments at 5% of FOB value of exports made during the previous financial year; and (b) duty free import of old pieces of hand knotted carpets on consignment basis for re-export. To give effect to the Policy provision at (a) above, S.No.167 of notification No. 21/2002-Cus.
In the light of these Policy provisions, the issue regarding execution of Bond/BG under DEEC and EPCG Schemes has been reviewed by the Board and in supersession of earlier DOR Circular Nos. 45/96-Cus., dated 28.8.96, 71/98-Cus., dated 15.9.98, 48/2003-Cus., dated 6.6.2003, 74/2003-Cus., dated 21.8.2003 and 79/2003-Cus., dated 4.9.2003, the following revised norms are prescribed for the purpose of furnishing Bond and BG under the said Schemes.
It is, therefore, clarified that the benefit of DEPB Scheme should be allowed on exports even though the inputs used in the manufacture of the export product were cleared through DEPB route. The letter F.No.605/11/2004-DBK dated 12.4.2004 of OSD.
The whole issue has since been reviewed in the background of the recent explosion at the premises of a scrap importer at Ghaziabad resulting in the death of ten persons. Consultations have been held with the concerned Ministries, namely Commerce & Industry, Home, Shipping, Steel and External Affairs. Discussions have also taken place between the concerned Trade Associations and the Government of India.
It is hereby clarified that the Type Approval Certificate is required to be issued as per EEC directive 70/156/EEC by one of the testing agencies notified in Policy Circular No.26 dated 9.2.2004. For the European Union, a certificate from the country of origin need not be insisted upon. However, the certificate must come from a signatory country to the 1958 Agreement under WP 29. A list of such signatories is available at web site: www.unece.org.
Clarification has been sought as to whether 10% Bank Guarantee is to be insisted upon in the case of those show cause notices involving an issue which has already been decided against the revenue and department has preferred appeal against such decision. The issue has been considered in the Board. If the decision of the Tribunal is in favour of the assessee, strictly speaking, no duty is payable, notwithstanding the fact that Department has preferred appeal.
Amendment to Para 4.4.2 relating to reduction in carat from 0.50 to 0.25 under the Gem and Jewellery Scheme and paras 6.39.1 to 6.39.13 of the HOP relating to Fast Track clearances for EOU’s, are under review and its implementation may be deferred till a final view is communicated by this Ministry.
The matter has been examined by the Board and to state that the instruction contained in the Regulation 4(d) and 4(e) of Foreign Exchange Management (Exports of Goods and Services ) Regulations, 2000 as amended vide notification No.FEMA.116/2004-RB, dated the 25th March, 2004 may kindly be implemented in letter and spirit.
