I am directed to enclose a copy of letter No.Ash/Misc/1/2003, dated the 17th February, 2003, along with its enclosures, received from Embassy of India, Ashgabat on the subject mentioned above for information and necessary action.
In exercise of the powers conferred by clause (a) of sub-section (1) and sub-section (3) of Section 7, sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in partial modification of its Notification No. FEMA 23/2000-RB dated 3rd May 2000, Reserve Bank of India makes the following amendments in the Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 as amended from time to time, namely.
Further the Company is not doing / carrying on any business right from the date of its incorporation and the Company is also not intending to do any business or commercial activity as laid down in the main objects of its Memorandum of Association in future.
I am directed to refer to this Department’s Office Memorandum F.No.467/104/2001 – Cus-V dated 12th December, 2001 (Circular No. 81 of 2001) wherein guidelines for considering requests for ad-hoc exemption from payment of customs duty under Section 25(2) of the Customs Act, 1962 have been issued. It has generally been observed that the importers are not aware of the correct procedure for seeking ad-hoc exemption as also the details of the documents/information that are required to be submitted along with the request. The importers invariably approach this Ministry only after the goods have arrived at the port of import resulting in payment of heavy demurrage charges.
The said instruction will apply to all EOUs and EHTP/STP/SEZ units whether they are engaged in activities of development of software or otherwise.
On the other hand the amendment in PN 64 dated 19.02.2003 pertains to such established domestic companies who fulfil certain specified criteria like being registered with both the central excise and state sales tax authorities and having paid both the taxes unless exempted and having a minimum investment in plant and machinery of Rs 50 lakhs. The Advance Licence issued to such domestic companies would carry an endorsement that the bond/ BG furnished would be as per the terms and conditions stipulated by the Department of Revenue.
Further, any new company which gets listed in the exchanges shall also be required to upload financial statements/documents on-line in the EDIFAR web site.
It may not be out of place to mention here that the proper officer should follow the procedure laid down under Rule 10A of Customs Valuation Rules, 1988 to satisfy himself about the possible under-valuation. He should then intimate the importer in writing the ground for doubting the truth or accuracy of the value declared in relation to the goods imported and also provide a reasonable opportunity of being heard, before rejecting the declared value.
Circular No.702/18/2003-CX I am directed to say that a doubt has arisen whether the refund claims of unutilized deemed credit of duty on procurement of grey fabrics used in the making of processed fabrics ultimately exported can be refunded in the background of the objection raised by C&AG about the admissibility of deemed credit on grey fabrics. C&AG has raised an objection that since grey fabrics is not mentioned as ‘declared inputs’ in the notification No.29/96-CE(NT) dated 03.09.96 (relevant at the material time),
Attention is invited to Public Notice No.392 (PN)/92-97 dated 1.1.1997 according to which import of Plastic Waste/Scrap (except PET Bottle Waste/Scarp) and animal dung or animal excreta shall not, be permitted, except against a license. Applicants while submitting the application as per provisions laid down in para 1(iv) of the said public notice shall adhere to all guidelines / conditions of this public notice. They shall also furnish the following additional information / details while submitting the application to DGFT.
