Diaspora vital connectors between India and global innovation ecosystems: MoS (See 'Corp Brief') Srinagar Khel Sankalp affirms unified commitment to athlete-centric sports ecosystem (See 'Corp Brief') IBC - If corporate debtor is solvent & functioning company, then insolvency process invoked only to secure payment of individual dues by initiation of CIRP, amounts to misuse of IBC as recovery mechanism: SC (See 'Legal Desk') Reining in Misuse of IBC for Recovery (See CORP EINSICHT) SAMAVESH Portal, NMBA 2.0, SETU and SMILE Beggary Apps Launched at Chandigarh Shivir (See 'Corp Brief') PMLA - Attachment of a residential property upheld where Act itself permits attachment not only of property directly acquired from proceeds of crime, but also of untainted property representing equivalent value where actual proceeds of crime are unavailable or untraceable: HC (See 'Legal Desk') Veep urges Youth to become Job Creators and Nation-Builders (See 'Corp Brief') CCIC launches 'Soul Threads' - A Heritage Designer Collection Celebrating Artisanal Legacy (See 'Corp Brief') IBC - If statutory authority, during subsistence of moratorium u/s 14, directs bank to place lien on bank accounts of Corporate Debtor, and bank acts on same, it would amount to execution against Corporate Debtor and is barred by Sec 14: NCLT (See 'Legal Desk') IPR - As Constitutional Court under Article 215 of Constitution, appropriate orders are warranted to ensure that its directions are not taken in perfunctory or dismissive manner: HC (See 'Legal Desk') Prohibition of Benami Property Transactions Act, 1988 - Mere involvement of cash does not exclude transaction from ambit of benami, particularly where source is undisclosed & transaction is structured to legitimize unaccounted money during demonetization: SAFEMA Tribunal (See 'Legal Desk') PMLA - Mere fact that some allegations in predicate FIR were quashed, or that attached property was allegedly purchased before crime period, did not invalidate attachment if companies were recipients of proceeds of crime: SAFEMA (See 'Legal Desk')

Export Promotion schemes abuse - Penalty imposed in 1374 cases

Published: Jul 10, 2019

By TIOLCORPLAWS News Service

NEW DELHI, JULY 10, 2019: THE Union Minister for Commerce & Industry, Mr Piyush Goyal, today in Parliament mentioned that the Foreign Trade Policy of the Government contains certain export promotion schemes which are primarily aimed at (i) providing customs duty exemption on import of capital goods for promotion of exports, (ii) providing customs duty exemption on raw materials, components and consumables for manufacturing goods for exports and (iii) providing compensation for neutralizing the disadvantages suffered on the goods and services exported.

All these schemes have inbuilt obligations/terms and conditions which are required to be complied by the persons availing such schemes. The Government regularly  monitors such obligations. In case of non-compliance, action is taken against the defaulters. Such actions may include suspension, cancellation of the authorization, black listing the defaulter from availing any export promotion scheme, imposition of fiscal penalty, cancellation/suspension of Importer and Exporter Code number and initiating criminal proceedings. Such penal provisions are contained in the Foreign Trade Policy/ Hand Book of Procedures, Foreign Trade (Development and Regulation) Act, 1992 and Foreign Trade (Regulation) Rules 1993.

During the last three years from April 01, 2016 to March 31, 2019, 1865 persons have been put under “Denied Entity List” denying further benefits under the export promotion schemes and penalties have been imposed in 1374 cases. In addition to the above, action on defaulters is also taken by the Department of Revenue. During the last three years, Department of Revenue has identified and imposed penalties in over 400 cases.

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