04 November 2015
Our shipping bills filed between January and March 2015 are not reflecting on DGFT website whereby we are deprived of to avail incentive under FPS / FMS - Chapter 3 of Foreign Trade Policy 2009-2014.
Subject shipping bills have been uploaded severally but still the same are not getting reflected on DGFT website. On discussing the issue with Customs Authority we are informed that since "YES" is not shown under "SCHEME REWARD" the shipping bills are not getting transmitted to DGFT website. In short what we understand from Custom Officials is that the Declaration Of Intent is required.
It is to be recollected that the declaration of intent was first introduced vide Public Notice No. 82/2009-14 dated 16.07.2010 and this was to take effect from 01.01.2011 in order to claim benefits of Chapter 3 of foreign trade policy. This declaration read as " I/We, hereby, declare that I/We shall claim the benefits, as admissible, under Chapter 3 of FTP" was required on all categories of shipping bills. In short no claim under Chapter 3 was admissible without this declaration.
Subsequently the condition of mentioning declaration of intent on shipping bills was dispensed with vide public notice no.53(RE-2010)/2009-14 dated 03.06.2011 and para 3.11.8 was accordingly amended. However the export shipments filed under the free shipping bills category were necessarily required to carry declaration of intent which read as "We intend to claim chapter 3 benefits". Free Shipping Bills as we understand from Chapter 3 of Customs Manual, means a shipping bill where there is no export incentive.
Then vide public notice no. 12(RE-2012)/2009-14 dated 26.07.2012 the existing para 3.11.8 was replaced to read as under.
3.11.8 Declaration of Intent on Free Shipping Bills
(a) “Export shipments filed under the Free Shipping Bill category, would need the following declaration on the Shipping Bills in order to be eligible for claiming benefits under chapter 3 of FTP:
‘We intend to claim benefits under Chapter 3.’
(b) Such declaration shall not be required for export shipments under any of the schemes of Chapter 4 (including drawback), Chapter 5 or Chapter 6 of FTP.
(c) If there is a decision subsequently / later to include any new product or new market to avail such benefit, then:
(i) For exports of such products/ export to such markets, a grace period of one month from the date of decision/ notification/public notice will be allowed for making this declaration of intent on free shipping bills.
(ii) After the grace period of one month, all exports (of such products or to such markets) would have to include the declaration of intent on the free shipping bills.
(iii) For exports made prior to date of decision/notification/public notice of products/markets, such a declaration will not be required since such exports would have already taken place.”
Since we are not agreeing to the reason offered by Customs Official, by addressing this message we seek your advise to know what could be the reason / reasons which is preventing our shipping bills to get transmitted to DGFT website.
CAclubindia
