NHAI Successfully defends Major Arbitration Case to Safeguard Public Funds (See 'Corp Brief') Companies Act - Coal beneficiation cannot per se be excluded from ambit of manufacturing process to justify quashing of criminal complaint at preliminary stage: HC (See 'Legal Desk') Digital India BHASHINI conducts Multilingual AI Workshop for Haryana Vidhan Sabha (See 'Corp Brief') MISC - RBI, possessing superior expertise in financial administration over cooperative authorities, has independent power to supersede board of a cooperative bank under the Banking Regulation Act - Principles of natural justice do not apply to Section 36AAA of Banking Regulation Act 1949: HC (See 'Legal Desk') Youth Unrest & CJP Agitation: Key Learnings (See CORP EINSICHT) IPR - Patent offices cannot rely on mere hypotheses or hindsight to dismiss technical advancement: HC (See 'Legal Desk') 'Corporate Mitra Scheme' Awareness Webinar Successfully Organized by IICA Shillong (See 'Corp Brief') Rajya Sabha organises Orientation Programme for newly elected Members (See 'Corp Brief') IBC - Service of insolvency petition on corporate debtor's registered email address available in MCA records constitutes valid service, if accompanied by attempts at service at registered office and publication in accordance with NCLT Rules: NCLAT (See 'Legal Desk') Coast Guard rescues 170 Persons in Flood Relief Operations across Daman, Dadra & Nagar Haveli (See 'Corp Brief') IBC - Prior or parallel proceedings under SARFAESI and before DRT do not bar Section 95 insolvency application: NCLT (See 'Legal Desk') Public Advisory: Beware of Fraudulent Air Suvidha 2.0 Websites (See 'Corp Brief') IBC - Liquidation application allowed where corporate debtor is not a going concern, has prima facie nil asset value & where requirements of Section 33 of IBC 2016 are met: NCLT (See 'Legal Desk') Committee discusses consumer-centric framework for parallel distribution licensing (See 'Corp Brief') NHA convenes BRICS Dialogue on strengthening Continuum of Care Through Digital Health (See 'Corp Brief') IPR - Storing copyrighted literary works solely for training LLM constitutes 'Fair Dealing' u/s 52(1)(a) of Copyright Act: HC (See 'Legal Desk') PM Ekta Malls and PMFME Scheme strengthen Market Access for ODOP Products (See 'Corp Brief') AP Postal Circle Emerges as Nation's Best Performer in Q1 (See 'Corp Brief') PM Vishwakarma Scheme rolls out in West Bengal (See 'Corp Brief') NHAI extends 'Clean Toilet Picture Challenge' till 30th June 2027 (See 'Corp Brief') IPR - Statutory timelines for entering national phase and requesting examination under Patents Act are rigid, mandatory, and cannot be extended: HC (See 'Legal Desk') NICDC organises Cross-Learning Site Visit to AURIC Smart City (See 'Corp Brief') IPC and CSIR-CIMAP renew collaboration to advance Medicinal Plant Research (See 'Corp Brief') PMLA - ED can validly attach specific commercial units equivalent to value of diverted crime proceeds regardless of whether entity was named in predicate FIR: SAFEMA (See 'Legal Desk') CCI approves acquisition of 100% equity share capital of NCR Atleos Corporation (See 'Corp Brief') Chouhan to provide relief to Totapuri mango farmers of AP, TN and Karnataka (See 'Corp Brief') IPR - In passing off action, plaintiff must prove not only similar name but actual misrepresentation and strong likelihood of consumer confusion: HC (See 'Legal Desk') 3.75 Lakh Students and Researchers Benefited Under INSPIRE Programme: MoS (See 'Corp Brief') NHAI strengthens Framework for Engaging Professionals in Highway Consultancy (See 'Corp Brief') IPR - Passing off action can be seamlessly expanded into infringement action if they share common factual foundation: HC (See 'Legal Desk') Expanded BRICS represents Opportunity to shape the Future of Global Health (See 'Corp Brief') IBC - Disputes involving 'rights in rem' that affect overarching corporate structure and public interest, cannot be settled in private arbitration: NCLT (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.

TIOL CORP SEARCH

TIOL GROUP WEBSITES