Circular No. 402/35/98-CX Kind attention is invited to Board”s instructions as contained in Circular No. 313/29/97-CX (F.No. 390/107/97-JC) dated 6.5.97 and as reiterated in Circular No. 332/48/97-CX dated 9.9.97 on the above subject.
Circular No. 401/34/98-CX The Government of has been concerned about the mounting litigations specially in CEGAT and apex court on carious issues concerning levy and collection of Customs and Central Excise duties and had been seriously examining steps to reduce such litigation. Thus, changes in the basic provisions of the law including rules, notifications and the tariff entries etc.
Circular No. 400/33/98-CX I am directed to draw your attention to notification No. 22/98-CE(NT) dated 4th June, 1998 (hereinafter referred to as the said notification) issued under the provisions of rule 174, superseding notification No. 13/92-CE (NT) dated 14.5.92. The provisions for exemption from registration under rule 174 and filing of a “declaration” remains the same as in the erstwhile notification 13/92-CE(NT), ibid, except the following changes that have been brought about by notification No. 22/98-CE (NT
I am directed to say that there is need to reduce the number of show cause notice which are being issued by the Assistant Commissioner of Customs as a routine. A large number of such show cause notices are dropped at the time of adjudication. It has been observed that assessments are being changed by the Appraisser/ Assistant Commissioners at their level without proper scrutiny
Attention is invited to paragraph 7.25 of the Exim Policy (RE-98) 1997-2002 which only allows DEPB credit for exports made in freely convertible currency. Clarifications have been sought as to whether exports made under counter trade agreement and export proceeds realised through ‘Escrow Account’ in US$ shall be entitled for DEPB benefits or not. The matter has been taken with the RBI which inturn has clarified that export made to Russian Federation against non-repatriable US dollars shall not be covered under the category of freely convertible currency and thus shall not be entitled for DEPB benefit. Accordingly, exports made under counter trade. agreement and export proceeds realised through ‘Escrow account’ in US$ is not entitled for DEPB benefit.
Payment of fees: The credit will be given for fees paid by the earlier merchant banking entity (transferor) to the entity to which the registration is being transferred (transferee).
F.No. 354/62/97-TRU Attention to drawn to notification No. 15/98CE(NT) dated 2.6.98 wherein a proviso is added to Sub-Rule (7) of Rule 52A. By insertion of this Sub-Rule Commissioners may be general or special order exempt an assessee or class of assesses from pre-authenticating each foil of invoice book and from intimating serial number of the invoices.
Each port office will report the position of quota utilisation after 4 months from the date of release of the ceiling to this office. A quarterly statement showing the name of the exporters, quantity applied for, quantity allowed for exports, FOB value and port of destination may also be sent to this office by the concerned licensing authorities disbursing the Peacock Tail Feathers quota.
Each export consignment alongwith the related documents will be subject to pre-shipment inspection and verification by the Regional Dy. Director, Wild Life, Preservation, Deptt. of Forests & Wildlife, Govt. of India, where necessary permit/certificate of Management Authority in India (Director)/Wildlife Preservation, Department of Forests & Wildlife, Govt. of India under the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) shall also have to be obtained.
Circular No. 399/32/98-CX Attention is invited to Board”s Circular No. 249/83/96-CX.6 dated 11.10.96 issued from F.No. 206/01/96-CX.6 regarding introduction of self assessment. In these instructions it was prescribed, inter alia, that Additional Commissioners/ Deputy Commissioners should scrutinise RT-12 returns of units paying annual revenue of Rs. 5 crores and above.
