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Systems Alert for monitoring realization of export proceeds in EDI under the BRC module for ICES (introduced in year 2009) and the new RBI BRC Module introduced under DG (Systems) letter dated 28.08.2014, reg.

Customs - 06/2016 - Dated:- 22-3-2016 - OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, NAVARANGPURA, AHMEDABAD F. No. VIII/48-15/Cus/Systems/2014 Date : 22.03.2016 PUBLIC NOTICE NO. 06/2016 Sub: Attention of the Exporters, Custom House Agents and Trade is invited to Board's Circular No.5/2009-Cus, Instruction No.609/119/2010-DBK dated 18.01.2011, Instruction No.609/35/2013-DBK dated 4.4.2013 and para 3 of Instruction No.603/01/2011-DBK dated 11.10.2013 which, amongst other as .....

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tion 75 (1) of the Customs Act, 1962 read with sub-rule 16A(1) of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, where an amount of drawback has been paid to an exporter but the sale proceeds in respect of such exported goods have not been realized within the time allowed under the Foreign Exchange Management Act (FEMA), 1999, such drawback amount is to be recovered. Sub-rule 16A (2) stipulates that if the exporter fails to produce evidence in respect of realization of .....

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olidated half-yearly Statement giving details of all Export Bills outstanding beyond the period prescribed for realization within 15 days from the close of the half year i.e. June/December. However, following the issuance of RBI Circular No. 61 dated 31.1.2004 dispensing with submission of declarations for export goods of value not exceeding US $ 25,000, it is observed that a large number of the export consignments fall outside the purview of monitoring mechanism through XOS inasmuch as the ship .....

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dustry in this regard, and subsequently, the matter was examined by the Board. For monitoring the realization of export proceeds for drawback purposes, the Board has decided that the exporters will submit a certificate from the authorized dealer(s) or chartered accountant providing details of shipment which remain outstanding beyond the prescribed time limit including the extended time, if any, allowed by the authorized dealer/RBI on a 6 monthly basis. Such certificate shall be furnished by the .....

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S/Bs) under drawback shall furnish a declaration to the Assistant Commissioner/Deputy Commissioner (Drawback) providing the details of all Authorised Dealers (AD), their codes and addresses through whom they intend to realize the export proceeds. Such a declaration shall be filed at each port of export through which the exporters export their goods. In case, there is a new addition of AD, the same is to be intimated to the concerned Custom House at the port of export. (b) The system would genera .....

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s also have the option of giving a BRC from the concerned authorized dealer(s). (d) Such certificates shall be furnished by the exporters on a 6 monthly basis before the 7th day of January and July in respect of exports which have become due for realization in the previous 6 months. (e) Such certificates shall be filed by the exporter AD wise at each port/lCD. The relevant date for filing certificates shall be the date of Let Export Order (LEO) which is the date when the export goods are permitt .....

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ails of Foreign Exchange Realisation. (i) If the exporter furnishes the BRCs as a proof of foreign exchange realization, the officer will choose option (1) and enter the specific Shipping Bill numbers and dates. Such Shipping Bills will be deleted by the system from the list of shipping bills pending for realization of export proceeds. (ii) If the exporter produces a "negative statement" for a specified six monthly period from the AD/chartered accountant that no foreign exchange is pen .....

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ll other SIBS) then, the officer will choose option (3). This will allow the officer to enter the SIBS for which the BRCs are pending. Thereafter, all S/Bs except such pending S/Bs will be deleted from the list. (iv) The BRC entry module also enables the Department to remove the list of S/Bs from the pendency list if drawback is recovered subsequently. In such cases, the officer may choose option (1) and enter the order No./challan no. and date and also the no. and date of all shipping bills for .....

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