Board has received references from trade and industry highlighting difficulties being faced in clearance of imported substances listed in Schedule 3 of the Insecticides Act, 1968 that are meant for non-insecticidal purposes. Reportedly, on account of varying interpretations of the relevant legal provisions, the Custom Houses are adopting different practices which are adversely impacting the smooth clearances of such items being imported for non-insecticidal use.
It has been observed that the Commissionerates often correspond on sensitive and policy related issues directly with the Ministry of Commerce / DGFT without keeping Board posted. In one case where sensitive war material was found in a consignment of heavy melting scrap (HMS) despite a certificate to the contrary from an authorized inspection agency listed in Appendix-5, DGFT Hand Book of Procedures (HBP) (Volume –I), the Commissionerate directly referred the matter to DGFT for appropriate action against the said agency without informing the Board.
It has been brought to the notice of the Head Office that, in some case of grant of exemption, funds have not been transferred to the PF trusts, subsequent to the grant of exemption/relaxation, by the Appropriate Authority. It is therefore requested that, the matter may be examined and wherever required, necessary action for transfer of funds to the PF trusts granted relaxation/exemption by the Appropriate Authorities may be initiated immediately. Details of all such cases along with the reasons for non- transfer of funds, also be submitted to Head Office within one week.
G.S.R. (E) .- In the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 46/2011-Customs dated the 1st June, 2011 published in the Gazette of India, vide number G.S.R. 423 (E), dated the 1st June, 2011, in proviso for ‘Appendix I’ read ‘Appendix I or Appendix II, as the case may be
It has been decided, as precautionary measure, that Food Safety and Standards Authority of India (FSSAI) would test samples of fresh Fruits and Vegetables consignments imported from Europe into India for E.Colli bacteria. FSSAI has directed their Authorised Officers to have the food articles tested for E.Colli bacterial contamination before issuing ‘No Objection Certificate’ to Customs.
While reviewing prosecution cases it was decided to review pending prosecution cases. Ministry of Corporate Affairs has decided following actions to be taken by RDs and ROCs immediately. Lok Adalats should be organized on 9th, 16th, 23rd & 30th June by RDs in the offices of concerned ROCs within your jurisdiction between 10.00 AM to 1.00 P.M by giving an advance advertisement in the local Newspapers to this effect through DAVP. The chapters of ICSI, ICWAI, ICAI and Bar Council may be used for wide publicity and efforts should be made to dispose off compoundable offences there itself. In next month, two Lok Adalats will be held by each RD per month. These would be held on Saturdays. F.No.3/57/2011-CL.II New Delhi-110001.Dated 03.06.2011
Transparency in Survey operations – For bringing transparency in survey operations and obviate the possibility of any grievance to the taxpayers, it is decided that henceforth: Survey teams visiting taxpayer’s premises under the provisions of section 133 A of the Income tax Act will, before the commencement of survey proceedings,provide to the taxpayer the names, designations & contact numbers of their Chief Commissioner, Commissioner &Additional/ Joint Commissioner of Income Tax.
INSTRUCTION NO. 7 /2011 Section 260A of the Income-tax Act, 1961 – High Court – Appeal to – Instructions regarding Standard Operating Procedure on filing of appeals to High Court under section 260A and related matters. The Government has formulated the National Litigation Policy 2010, for conduct of litigation on its behalf. The policy declares: Government must cease to be a compulsive litigant. The philosophy that matters should be left to the courts for ultimate decision has to be discarded. The easy approach, ‘let the court decide’, must be eschewed and condemned.
The Board has taken a serious note of the cases of misuse detected on account of manual documentation as well as of casual manner in which this facility is being extended, which is prone to be detrimental to revenue. Accordingly, to redress the issue it has been decided that manual processing and clearance of import/export goods shall be allowed only in exceptional and genuine cases when it is not feasible to process the import/export documents through EDI. Further, in accordance with Sections 46 and 50 of the Customs Act, 1962, this authority shall be exercised only by the Commissioner of Customs. It is reiterated that the facility of manual processing of import/exports documents shall be provided as an exception to the rule of EDI processing and whenever granted it shall be withdrawn no sooner EDI processing is feasible
New Reporting format CAP II though finalized, development of software to facilitate this process is taking time. While every effort is being made to complete the process quickly, field officers are advised to use the existing reporting format for now.
