Recovery of drawback for non-realization of export proceeds - Customs - Public notice no. 57/2019

GOVERNMENT OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE OFFICE OF THE COMMISSIONER OF CUSTOMS CHENNAI-IV CUSTOM HOUSE, 60, RAJAJI SALAI, CHENNAI-600 001. F.No.S.Misc.34/2019-BRC-DBK Date: 02.08.2019 Public notice no. 57/2019 Sub: Recovery of drawback for non-realization of export proceeds - reg. 1. Attention of Exporters, Customs Brokers and all members of trade is invited to the instructions contained in the Board's Circular No. 05/2009 dated 02.02.2009 and Public Notice No. 44/2009 dated 31.03.2009, Facility Circulars No. 08/2016 dated 15.04.2016 and No. 12/2016 dated 31.05.2016 issued by this Customs House, wherein all exporters were instructed to submit the proof of realization of export proceeds viz. Bank Realization Certificate issued by their concerned Authorised Dealer Bank or Negative Statements obtained from their authorized dealer / Chartered Accountant in respect of EDI Shipping Bills having LEO dates from 01/04/2004 to 31/03/2014. 2. Even after the issuance of the above mentioned Public Notices / Facility Circulars, it is observed that many exporters have not complied with the same. Accordingly Show Cause Notices under Rule 16A of Customs Central Excise duties and Service Tax Drawback Ru)es, 1995 have been issued to the exporters who have not responded to the above said Facility Circulars. The details of such default exporters are attached as annexure to this notice. 3. As the above said SCN's are pending for long period due to no response from side of the notice/exporters, to conclude the matter in these Show Cause Notices, as part of natural justice this Public Notice is being issued to intimate all the Exporters/ their Customs Brokers, that in case, their name figures in the annexure attached to this Public Notice, they should immediately appear before the Deputy Commissioner of Customs, Drawback-BRC Monitoring Cell, Chennai-IV Commissionerate, Custom House, Chennai between 05.08.2019 to 31.08.2019 for Personal Hearing (consider the same as open Personal Hearing date on alt working days between 11:30AM to 05:30PM and the same has been offered following principles of natural justice), and submit all the relevant documents concerned with this issue on anyone of the working days. 4- After 31.08.2019, the Show Cause Notice will be decided by issuing Order-in- Original on ex-parte basis as per available records and revenue recovery action will Be initiated immediately based on the said Order in Original. If the exporters had already submitted proof of realization of export proceeds they should submit the copy of relevant documents in support of the same, to avoid any coercive action. 5. For any enquiry in this regard, they can also contact the Superintendent/Appraiser (BRC) on telephone no. 044-25254328. 6. Any difficulties in the implementation of the above procedure may be brought to the notice of the undersigned immediately. 7. This issue with the approval of Commissioner of Customs. (V. PAZHAANIYANDI) IT. COMMISSIONER OF CUSTOMS (EBR), CHENNAI.IV