Liquidation of pendency of Drawback Claims regarding. - Customs - 03/2014

OFFICE OF THE COMMISSIONER OF CUSTOMS: EXPORT: NEW CUSTOM HOUSE, NEAR I.G.I AIRPORT, NEW DELHI. C. No. VIII/DBK/ACE/728/11/ Dated: 22.01.2014 PUBLIC NOTICE NO. 03/2014 dated the 22 nd January, 2014. Subject: Liquidation of pendency of Drawback Claims regarding. Kind attention of exporters, Members of the Trade/CHAs' is invited to Export Commissionerate, Air Cargo (Export) Public Notice No. 14/2013 dated 27.08.2013 whereby drawback shipping bills pending, on account of non-submission of EGM/International EGM Gate or rectification of EGM Error by the Airlines for the period prior to Let Export Order dt. 01.07.2013, were shut out . Exporters were advised to file supplementary drawback claim within the stipulated period along with documents as mentioned in the said Public Notice. Similarly, Shipping Bills pending fixation of Brand Rate by the jurisdictional Central Excise authorities having jurisdiction over the manufacturing unit, of the manufacture/Exporter or of the supporting manufacturer, under Rule 6 or 7 of the Customs and Central Excise Duties Service Tax Drawback Rules, 1995 were removed from the drawback pendency upon processing the same to 'Zero' amount of drawback with advice to all concerned to file drawback claims with complete documents. 2. It has now been decided to 'shut out' all drawback Shipping Bills (EDI) prior to LEO dated 01.10.2013 in 'EGM', 'EGM - ERROR' 'EGM - GATE' queues pending due to non-filing of EGM/EGM - GATE' or non-rectification of 'EGM - ERROR' by the Airlines. 3. Exporters whose Shipping Bills have been 'shut out' and shown in EDI system as SB is withdrawn , can check the status of their Shipping Bills on ICEGATE website www.icegate.gov.in by clicking at Tracking at ICES and then at Tracking at ICES 1.5 . Exporters are hereby informed that for claiming drawback of duties in respect of such Shipping Bills they may file the Drawback Claim in the Proforma for supplementary claims for drawback in terms of the procedure laid down under Rule 15 of Customs and Central Excise Duties Service Tax Drawback Rules, 1995 within a period of three months. In exceptional cases on sufficient cause being shown, the said period is extendable by 9 months by the Assistant/Deputy Commissioner (DBK) and by a further period of six months by the Commissioner on payment of an application fee. 4. The Drawback Claims in respect of 'shut out' Shipping Bills shall be accompanied with the following documents: a) Original EP copy of the Shipping Bills or EP copy of the Shipping bill duly certified by the officer of DGFT in case the original is retained by DGFT for any export incentive. b) Self-attested Copies of export documents viz. export invoice packing list and Airway Bill. c) Declaration regarding non-availment of CENVAT facility under the CENVAT credit Rules, 2001 in Annexure-A Board s Circular No. 65/2003-Cus dated 28.07.2003. d) Bank Certification of export and Realization (BRC) duly attested by the Bank. e) Hard copy of EGM/Cargo Manifest with complete details of Loading of Cargo Shipping Bill wise and House Airway Bill wise. f) An undertaking that in case drawback is received twice for the same Shipping Bill, it shall be refunded to the Government with interest as applicable. 5. Further to the Public Notice No.14/2013 dated 27.08.2013, it has been decided that drawback shipping bills up to the LEO date 30.09.2013 which are pending fixation of Brand Rate under Rule 6 or Rule 7 of the Customs and Central Excise Duties Service Tax Drawback Rules, 1995 from the jurisdictional Central Excise authorities shall be removed from `Brand Rate' queue. Exporters can file the drawback claim with the Brand Rate letter issued by the jurisdictional Central Excise authorities and related export documents for payment of drawback as per the existing practice. For processing and sanction of such claims the exporters shall not be required to file any additional paper/document. The claim under Brand Rate of drawback shall be processed in the EDI system upon receipt of complete documents. 6. The time limit of three months laid down under Rule 15 of the Customs and Central Excise Duties Service Tax Drawback Rules, 1995, shall mutatis-mutandis apply to drawback claim filed by the exporters. 7. It is reiterated for the information of the exporters that they should browse the ICEGATE website to check the status of the Shipping Bill/claim for sanction of drawback. In case of any query raised/deficiency noticed in the drawback claim, the exporter himself or through his authorized representative should expeditiously submit the reply to the Deputy Commissioner drawback for approval and get the same entered in EDI system through the CMC Service Centre located at the Air Cargo Complex, New Delhi. 8 In case of any difficulties,Exporters may contact Shri J.P. Singh Additional Commissioner of Customs (Export) at Phone No.011-25654772 or Deputy Commissioner (Drawback) at Phone No.011-2565 4390. (RAJEEV TANDON) COMMISSIONER OF CUSTOM (EXPORT) Copy to: (As per the mailing list).