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Standing Order No 04 /2013

OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORT)
JAWAHARLAL NEHRU CUSTOMS HOUSE, NHAVA-SHEVA
TAL URAN, DIST-RAIGAD, MAHARASHTRA – 400 707

F.No. S-12/Gen-218/2012 DBK-JNCH      Date:  18.01.2013.

STANDING ORDER NO 04/ 2013

Sub:  Special measures for liquidation of Drawback claims pending on account of Un-answered queries- reg.

1.Attention of all officers  and staff is invited to the Public Notice 66/2012 dated 06.12.2012 issued by Commissioner of Customs (X) JNCH, Nhava Sheva with regard to special measures being taken to liquidate the pendency of drawback claims that are pending in the exporters queue for submission of replies to the quires raised during the processing of the claims.

2.A large number of drawback claims are lying under “Query raised” from time to time since introduction of EDI System in 1998. These are technically not pending with the department and are shown pending with exporters for reply as per Rule 13(3) of the Drawback Rules 1995. In this connection the exporters and their associates in some in stances have contended that are exporters are unable to reply to the queries as these are  not communicated to them.

3. It is to mention that under the EDI system the drawback claims are processed online in paperless manner and queries are raised online. As per para 18.9 of the Public Notice No 39/97 dated 12.11.1997, the status of the shipping bills  and sanction of drawback claims under EDI system has to be ascertained from the services centre. A printout of  the  query/deficiency has to be obtained from the  service centre and the replies to such queries shall be entered in the EDI system at the service centre. There is no provision or practice under the EDI or Manual System to suo-motu intimate queries to the exporters through individual official letters. However, to facilitate the exporters in this regard a Drawback Help Desk was created vide Public Notice No 47/2005 dated 27.09.2005 and Public Notice No 08/2007 dated 20.02.2007 and it was requested to make full use of this facility. Further, this office vide Facility Notice no 10/08 dated 18.01.2008 has introduced a system of automatic e-mail based response to enquiries made by the exporters regarding status of their drawback claims by using internet. Apart from Facility Notice No 10/08 the procedure for availing this facility is also explained in the JNCH website www.jawaharcustoms.govt.in. This facility can be accessed by anyone from     anywhere anytime free of cost. The query status is also informed to the exporters on receipt of letters from them.

4.The exporters whose shipping bills are pending for want of replies to the queries raised as on 30.06.2012 were requested to submit the replies latest by 15.12.2012. It has been decided to process such shipping bills pending under query raised before 30.06.2012 on merit, subject to production of BRC and other relevant documents pertaining to the said query. The cases where BRC/Documents is not produced, Shipping bills will be processed at zero drawback, without affecting the right of the exporter to claim the drawback amount by filing supplementary claim subsequently.

Sd/- 16.01.2013
(MANOJ KRISHNA)
COMMISSIONER OF CUSTOMS

Copy to :

1)Chief Commissioner of Customs, JNCH, Mumbai II.
2)Commissioner of Customs (IMP), JNCH, Mumbai II
3)All Addl/Joint Commissioner of Customs, JNCH, Mumbai II
4)All Concerned Dy/ Asstt Commissioner of Customs II
5)Website of JNCH

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