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Amnesty Scheme for one time settlement of default in export obligation byAdvance License and EPCG authorization holders as per Public Notice 2/2023-DGFT dated 01.04.2023, as amended, from time to time-Reg. - Customs - PUBLIC NOTICE No. 04/2024Extract OFFICE OF THE PRINCIPAL COMMONER OF CUSTOMS ( AIR CARGO ) NEW CUSTOMS HOUSE , CHENNAI VII COMMISSIONERATE AIR CARGO COMPLEX , MEENAMBAKKAM, CHENNAI 600016 File No. CUS/EPCG/MISC/107/2024-EODC Date : 05-03-2024 PUBLIC NOTICE No. 04/2024 Sub : Amnesty Scheme for one time settlement of default in export obligation by Advance License and EPCG authorization holders as per Public Notice 2/2023-DGFT dated 01.04.2023, as amended, from time to time-Reg. Ref: Notification No.32/2023-Customs dated 26.04.2023, read with Board s Circular No. 11/2023-Customs dated 17.05.2023 issued vide F.No-605/06/2023-DBK ***** 1. The Ministry has issued Notification No.32/2023-Customs dated 26.04.2023 to amend 13 customs notification pertaining to Advance Authorization (AA) and Export Promotion Capital Goods (EPCG) Schemes. This is to implement Public Notice No. 02/2023 dated 01.04.2023 notified by DGFT that has provided a procedure, under category of regularization of bona fide defaults, in which all pending cases of the default in meeting export obligation (EO) may be regularized by the authorization holders on payment of applicable customs duty corresponding to the shortfall of EO. Interest payable is capped at maximum of 100% of such duties exempted on which interest is payable as specified in the said Public Notice dated the 01.04.2023. However, no interest is payable on the portion of Additional Customs Duty and Special Additional Customs Duty. The authorization holder choosing to avail this procedure must complete the process of payment on or before 31.03.2024 as per Public Notice No. 20/2023 dated 30.06.2023 issued by DGFT. 2. The amendments made by the Notification No. 32/2023-Customs provide that in a case of default in export obligation, when the duty on the goods is paid to regularize the default in term of Public Notice No. 02/2023 dated 01.04.2023 notified by DGFT, the amount of interest to be paid by the importer shall be payable as specified in the said Public Notice dated 01.04.2023. No other change is involved. 3. It may be noted that the cases under any investigation or adjudicated for involving fraud, mis-declaration or un-authorized diversion of material and /or capital goods are not covered in the scheme. Authorization holder shall not claim CENVAT Credit or Refund, under any provision of law, of any amount on duties paid under this scheme. However, there may be cases of calculation mistakes which are to be dealt on merits. Also, the DGFT PN No. 02/2023 dated 01.04.2023 specifies the necessary procedures which would be required to be followed. In this regard, Authorization holders who have opted for Amnesty scheme are directed to make the mandatory duty payments along with applicable interest and submit the TR6 Challan, copy of all Bill of Entries pertaining to above mentioned Licenses and Deficiency Letter (if any) from DGFT as per the timelines mentioned in the Public Notice 02/2023 dated 1.04.2023 as amended from time to time. If the Authorization holders fail to adhere to the conditions of the said Amnesty scheme, they will not be eligible under the same and action will be initiated as per the conditions of license mentioned above, bond executed u/s 143 of Customs Act, 1962 read with relevant customs notification. 4. All Trade/Customs broker associations are requested to take note and publicize the contents of this Public Notice among their member/constituents. 5. This Public Notice should be considered as Standing Order for the purpose of Officers/Staff of Chennai VII (Air Cargo) Commissionerate, Chennai. 6. Difficulties, if any faced by the Trade/Importers/Customs Brokers in implementation of the above may be brought to notice of the undersigned through email: [email protected] or [email protected]. ( M Mathew Jolly ) Principal Commissioner of Customs , Chennai - VII
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