Defaulter order issued by jdgft
This query is : Resolved
05 August 2012
Advance license was issued in 1995 and EO was also made by the licensee. The firm closed in 1998. Now in 2011, the firm was issued SCN asking for the EO Compliance details.
Defaulter order has also been pasted outside
the premises of the proprietor of the firm.
a) What is the time-limit of keeping EO
records by licensee ?
b) Is there any time-limit for issuing
SCN after non-compliance of EO ?
c) Suggest the course of action.
Regards
CA Pravin Saraswat
Defaulter order has also been pasted outside
the premises of the proprietor of the firm.
a) What is the time-limit of keeping EO
records by licensee ?
b) Is there any time-limit for issuing
SCN after non-compliance of EO ?
c) Suggest the course of action.
Regards
CA Pravin Saraswat
06 August 2012
As per para 4.22 of handbook of procedure:
EO period for Advance Authorizations issued with input (s) as mentioned in Appendix 30A shall be as per the period stipulated against each entry therein. Facility of extension of EOP shall not be allowed in case of Advance Authorisation issued for these inputs. RA shall make an endorsement in Advance Authorisation to this effect.
As Per Para 4.22.1
"Whenever a ban / restriction is imposed on export of any product, export obligation period in respect of Advance Authorisation already issued prior to imposition of ban, would stand automatically extended for a period equivalent to the duration of ban, without any composition fee.
For the Advance Authorisation (erstwhile licences) where raw sugar has been imported between 21.09.04 and 15.4.08, but the export obligation is yet to be fulfilled, the export obligation period stands automatically extended upto 31.03.2011 without payment of composition fee. Advance licence / authorisation holder has the option to pay the customs duty as applicable, on the date of import for the quantity of import proportionate to unfulfilled E.O. and get the case regularized accordingly.
(This para is amended by DGFT PUBLIC NOTICE No 29/2009-14, Dated : 07-01-2010 )
EO period for Advance Authorizations issued with input (s) as mentioned in Appendix 30A shall be as per the period stipulated against each entry therein. Facility of extension of EOP shall not be allowed in case of Advance Authorisation issued for these inputs. RA shall make an endorsement in Advance Authorisation to this effect.
As Per Para 4.22.1
"Whenever a ban / restriction is imposed on export of any product, export obligation period in respect of Advance Authorisation already issued prior to imposition of ban, would stand automatically extended for a period equivalent to the duration of ban, without any composition fee.
For the Advance Authorisation (erstwhile licences) where raw sugar has been imported between 21.09.04 and 15.4.08, but the export obligation is yet to be fulfilled, the export obligation period stands automatically extended upto 31.03.2011 without payment of composition fee. Advance licence / authorisation holder has the option to pay the customs duty as applicable, on the date of import for the quantity of import proportionate to unfulfilled E.O. and get the case regularized accordingly.
(This para is amended by DGFT PUBLIC NOTICE No 29/2009-14, Dated : 07-01-2010 )
06 August 2012
Dear Verma Ji,
The closed firm is not having any records
with them after passage of around 15 years.
However the licensee has fulfilled the
obligation has per his knowledge.
I understand that licensee is liable for
keeping the records for 3 years. Should
the licensee extract the documents by
way of RTI from JDGFT ?
Regards
CA Pravin Saraswat
The closed firm is not having any records
with them after passage of around 15 years.
However the licensee has fulfilled the
obligation has per his knowledge.
I understand that licensee is liable for
keeping the records for 3 years. Should
the licensee extract the documents by
way of RTI from JDGFT ?
Regards
CA Pravin Saraswat
07 August 2012
Respected Author,
yes i will agree that the Party must Approach to RTI information Regarding the captioned subject.
Regards,
yes i will agree that the Party must Approach to RTI information Regarding the captioned subject.
Regards,
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