MARKING OF BIS WEBSITE REF IS MANDATORY FROM 01.03.2019- VERY IMPORTANT TO MANUFACTURERS

AMENDMENT OF SHIPPING BILL TO AVAIL MEIS BENEFITS - SELECTION OF OPTION "NO" WHILE FILING SB BY OVERSIGHT IS NOT A GROUND TO DISALLOW SCHEME BENEFITS

Update of current status as on 07.09.2019

Subsequent to below updates, we understand from reliable Chennai sources that Customs has allowed amendment of MEIS status in old SB's and some of the Shippers got MEIS also for pending cases.Readers are requested to check with their respective customs locations pl

Update of current status as on 31.05.2019

Dear friends

Pl ref below my original post dated 21.02.2019.We understand from authentic sources that Chennai Customs has gone to appeal against below Madras High Court order and NOC is not issued so far to said Shipper. Hence Shippers who are not availed MEIS benefit same as per following case, have to wait further to see the outcome of Customs Appeal.

Below is the original post dated 21.02.2019

Dear friends,

As we are aware most of the times, shippers / Customs Brokers selected option “ No”  instead of “Yes” against MEIS benefits when filing online shipping bills for which subsequent amendment of Shipping Bills is not an easy task. Refer below Madras High Court Judgement which is a big relief for shippers to avail MEIS benefits after getting NOC from customs.

MADRAS HIGH COURT

M/S. PASHA INTERNATIONAL VERSUS THE COMMISSIONER OF CUSTOMS, THE ASSISTANT/DEPUTY COMMISSIONER OF CUSTOMS (EXPORTS) , THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE

Amendment in shipping bills - Benefit under Merchandise Exports from India Scheme (MEIS) - petitioner inadvertently opted for “No” instead of “Yes” in the shipping bills - Corrections to be made is denied on the ground that now the EDI system is being followed and not manual system is in place - Held that:- Identical issue decided in the case of SAINT GOBAIN INDIA PVT. LTD. VERSUS UNION OF INDIA [2018 (11) TMI 536 - KERALA HIGH COURT], where it was held that petitioner shall produce the said NOC before the 4th respondent and seek the benefits from the 4th respondent.

In the present case also, the second respondent can be directed to issue N.O.C. to enable the petitioner to avail the benefit from the third respondent - petition allowed.

No.- W.P.(MD)No.25252 of 2018 And W.M.P.(MD)No.22857 of 2018

Dated.- January 10, 2019

Citations:

1.         SAINT GOBAIN INDIA PVT. LTD. Versus UNION OF INDIA - 2018 (11) TMI 536 - KERALA HIGH COURT

Mr. Justice G.R. Swaminatha

For the Petitioner : Mr.A.K.Jayaraj

For the Respondents : Mr.R.Aravindan

ORDER

Heard the learned counsel appearing for the Writ petitioner and the learned Standing counsel appearing for the respondents.

2. The Writ petitioner is a manufacturer and exporter of “Bags and made-ups”. They had filed shipping bill Nos.5450964/09.06.2018, 5671009/20.06.2018 and 5146758/26.05.2018 for export of cotton shopping bags. The Writ petitioner actually intended to claim benefit under what is known as Merchandise Exports from India Scheme(M.E.I.S).

But while filling up the shipping bills, the Writ petitioner inadvertently opted for “No” instead of “Yes”. When the system was done manually, the corrections can be made in view of the enabling provision in Section 149 of the Customs Act, but now that E.D.I. system is being followed, the corrections cannot be done. But then, the petitioner cannot suffer for an inadvertent mistake committed by him.

3. The learned counsel appearing for the Writ petitioner points out that in an identical situation, the High Court of Kerala in the decision reported in 2018 (361) E.L.T. 1000(Ker.) (Saint Gobain India Pvt. Ltd., V. Union of India), held as follows:-

“6. ... it is the specific contention of the 3rd respondent that there can be no amendment in the shipping bills, since the entire procedure is operated by the system.

However, it is stated that the 3rd respondent is ready to issue 'No Objection Certificate' to enable the petitioner to avail the benefits from the 4th respondent. In the above view of the matter, there will be a direction to the 3rd respondent to issue the necessary 'No Objection Certificate' to the petitioner.

The petitioner shall produce the said NOC before the 4th respondent and seek the benefits from the 4th respondent. The 4th respondent shall consider such claim and pass orders thereon expeditiously, at any rate within a period of three months from the date of receipt of a copy of this Judgment.”

4. I am of the view that a similar direction can be given in the present case also. Of course in the present case, the learned counsel for the respondent is only seeking time.

Considering the facts and circumstances of this case, the second respondent can be directed to issue N.O.C. to enable the petitioner to avail the benefit from the third respondent.

The third respondent shall consider the claim of the Writ petitioner and pass appropriate orders thereon expeditiously.

This order is passed, taking note of the fact that only due to inadvertence, the Writ petitioner instead of putting “Yes”, had put “No” in the form.

5. The Writ petition stands disposed of, accordingly. No costs. Consequently, connected Miscellaneous petition is closed.

ANOTHER MILESTONE IN PAPERLESS PROCESS - Discontinuation of physical copy of Advance /EPCG Authorisations issued from 01.03.2019 onwards, for EDI ports

Dear Friends

As we are regularly updating Government of India's paper less Customs clearance initiatives in this blog, refer below long awaited AA/EPCG sanctions in digital mode. Here after no worry of misplacing duty free scripts and losing money !!!

Directorate General of Foreign Trade

Udyog Bhawan, New Delhi

Policy Circular No. 19/2015-2020

Dated: 14th February 2019

To,
All Regional Authorities (RAs) of DGFT
All Customs Authorities
All EPCs/FIEO
Members of Trade and Industry
Sub: Discontinuation of physical copy of Advance /EPCG Authorisations issued from 01.03.2019 onwards, for EDI ports
In order to improve ease of doing business and improving online transactions, it has been decided to discontinue issue of physical copy of Advance/EPCG Authorisations issued on or after 01.03.2019 by Regional Authorities, in respect of EDI ports
2.   Applicants will continue to apply for Advance/EPCG Authorisations as per current practice on DGFT website (www.dgft.gov.in). Regional Authorities will not issue any hard copy of authorisation to the applicants. Instead, in case of approval by the RA, the applicant will get the following message on the Mobile and email address (as filled in the eCommunication for eAuthorisation window) that,
"Authorisation No... ... . ...dated... .. .....has been issued against RA File No... ... ... . .. ........No Authorisation on security paper is required to be issued. You can print/view Authorisation details online.
3.   In order to take printout of the authorisation, the applicant needs to log on DGFT website (www.dgft.gov.in) choosing respective scheme. After login, in the first window, details of all applications submitted during the last one year will appear. For getting the status in respect of any particular file, applicant needs to double click on that file. In case authorisation has been issued by the RA, the applicant can print/save the Authorisation. On the basis of PDF copy of Authorisation, the exporter can approach the Customs Authority concerned at registered EDI port for execution of BG/LUT, as the case may be. In such cases the Customs Authority shall not insist for Authorisation on the security paper as was the practice so far.
4.   Only the latest amended version of the Authorisation is available in the System in pdf format for print. Exporters are advised to print/save the Authorisation so issued/amended by the DGFT RA, on an immediate basis, at every stage [whether fresh issue or amendment] for their record/future use.
5.   RA will continue to examine the application as per current practice and, after approval, shall take a print out of the Authorisation on plain paper and keep the same in the relevant file. DGFT RAs shall also, as is being done earlier, continue to send the Authorisation details to other Agencies/Departments wherever required [a system generated version may be used by the RA for this purpose].
It is being emphasized that henceforth Regional Authority shall ensure that all data/information (including additional conditions or endorsements, if any) relating to the AA/EPCG so issued is transmitted to DGFT server at the end of each working day through ECOM client server [as there is no scope for a paper copy]. Any amendment(s) made in AA/EPCG will be done by the Regional Authority on T + 2 working day [where T is the earlier transmission date for the Authorisation] to take care of the systems transmission lag.
6.   The applicant intending to procure goods from domestic sources shall make request for issue of Invalidation/ARO to the RA concerned. In such cases, as per the current practice, RA shall amend Authorisation making quantity and value invalid for direct import and issue the Invalidation Letter /ARO [endorsing one copy to supplier of goods and another copy to RA of the supplier]. In all such cases, this will also be done by the Regional Authority on T + 2 working day [where T is the earlier transmission date for the Authorisation] to ensure data transmission to the DGFT/Customs server without any error.
7.   No TRA facility under such Advance/EPCG Authorisations issued from 01.03.2019 onwards will be available from EDI ports to non-EDI ports.
8.   In case an applicant chooses a non EDI port as Port of Registration while filing application for Advance/EPCG Authorisation, existing system of printing of Authorisation on security paper will continue.
9.   Difficulties, if any, in implementation of these provisions may please be brought to the notice of this Directorate immediately.
This is issued with the approval of Director General Foreign Trade.

(Vijay Kumar)

Additional Director General of Foreign Trade

CBLR18 AMENDED AND EXAM WILL BE CONDUCTED BY NACIN DURING MARCH 19 & Eligibility conditions

From the below latest notification we can understand that proviso to Regulation 6 got amended and exam will be conducted by NACIN. Online line written exam will be conducted First Quarter of each calendar year. Hence it is clear that before 31.03.2019 exam will be conducted by NACIN 

Eligibility to appear CBLR 18 exam ?

5. Conditions to be fulfilled by the applicants.-(1) The applicant for a license to act as a Customs Broker in a Customs Station, shall before applying to the Principal Commissioner of Customs or Commissioner of Customs, meet the following conditions that: -
(a) he is a citizen of India;
(b) he is a person of sound mind;
(c) he is not adjudicated as insolvent;
(d) he holds an Aadhaarnumber;
(e) he holds a valid PAN card;
(f) he has not been penalised for any offence under the Act, the Central Excise Act, 1944 (1 of 1944), the Finance Act, 1994(32 of 1994), the Central Goods and Services Act, 2017 (12 of 2017) and Integrated Goods and Services Tax Act, 2017 (13 of 2017);
(g) he has neither been convicted by a competent court for an offence nor any criminal proceeding is pending against him in any court of law;
(h) an individual applicant or in case the applicant is a firm, its partner or in the case of a company, its director or an authorised employee who may handle the Customs work shall-

(i) be a graduate from a recognized University; and

(ii) possess a professional degree such as Masters or equivalent degree in Accounting, Finance or Management, CA/CS/MBA/LLM/ACMA/FCMA or Diploma in Customs Clearance work from any Institutes or University recognised by the Government oris having at least two years’ experience in transacting Customs Broker work as G-Card holder;

(i) the applicant has financial viability as evidenced by a certificate issued by a Scheduled Bank or such other proof acceptable to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, in terms of possession of assets of value of not less than five lakhs rupees.
(2) A retired Group A officer from the Indian Revenue Service(Customs and Central Excise)having a minimum of five years’ experience in Group 'A' post shall also be eligible to apply for a license to act as a Customs Broker provided he satisfies the conditions specified at (a), (b), (c), (d), (e), (f), (g) and (i)of sub-regulation (1) above.
(3) The Principal Commissioner or Commissioner of Customs, as the case may be, may for the purpose of this regulation, make such enquiries to verify the eligibility of the applicant as he may deem fit before forwarding the application to Directorate General of Performance Management.

Notification No. 08/2019 - Customs (N.T.)

New Delhi, the 6th February, 2019

G.S.R. 96 (E).- In exercise of the powers conferred by sub-section (2) of section 146 of the Customs Act, 1962 (52 of 1962), the Central Board of Indirect Taxes and Customs hereby makes the following regulations to amend the Customs Brokers Licensing Regulations, 2018, namely:-
1.  (1) These regulations may be called the Customs Brokers Licensing (Amendment) Regulations, 2019.
     (2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Customs Brokers Licensing Regulations, 2018 (hereinafter referred to as the said regulations), for the words and brackets “Directorate General of Performance Management (DGPM)” and “Directorate General of Performance Management”, wherever they occur, the words and brackets, “National Academy of Customs, Indirect Taxes and Narcotics (NACIN)” shall respectively be substituted.
3. In the said regulations, in regulation 4, -

(a) in sub- regulation(1), for the word, “April”, the word, “August” shall be substituted;

(b) after sub-regulation(1), the following proviso shall be inserted, namely:-

“Provided that in respect of the applications invited by the Directorate General of Performance Management (DGPM) in April, 2018, the online written examination shall be conducted by the National Academy of Customs, Indirect Taxes and Narcotics (NACIN) in the first quarter of the calendar year 2019.”.

4. In the said regulations, in regulation 6, -

(a) in sub-regulation (1), the words and brackets “(preferably online)” shall be omitted;

(b) for sub-regulations (2) and (3), the following sub-regulations shall be substituted, namely:-

“(2) The online written examination shall be conducted by the National Academy of Customs, Indirect Taxes and Narcotics (NACIN) in the first quarter of each calendar year for which intimation shall be sent individually to applicants in advance before the date of examination and the result of the said examination shall be declared preferably within one month of the date of examination.

(3) The applicant who is declared successful in the written examination shall be called for an oral examination on specified dates in the second quarter of the same calendar year, the result of which shall be declared in the month of July of the same calendar year.”.

[F. No. 502/07/2013- Cus.VI]

(Zubair Riaz Kamili)

Director (Customs