India's maritime future will be written by young people: Sonowal (See 'Corp Brief') ICAR-IIAB organises Pre-Rabi Kisan Goshti for 1,500 Farmers (See 'Corp Brief') SARFAESI - Demand notice issued under Rule 7(1) of IBC Rules, 2019 does not, per se, commence insolvency proceedings against personal guarantors or trigger interim moratorium per Section 96 of IBC 2016: HC (See 'Legal Desk') India targets 10% of Global 6G Patents and Standards: MoS (See 'Corp Brief') India highlights Energy Security at 20th EAS Energy Ministers' Meeting (See 'Corp Brief') Special Khadi and Village Industries Exhibition inaugurated at Delhi Haat (See 'Corp Brief') FEMA - Intimation to Customs does not, by itself, constitute proof of import of software, particularly where the software was claimed to have been received through a data communication channel: Tribunal (See 'Legal Desk') India records 21% decline in TB incidence and treatment coverage rises to 92% (See 'Corp Brief') India has moved from following the World to moving alongside it in Science and Technology: MoS (See 'Corp Brief') Yadav underlines scaled-up Climate Finance, Technology Transfer and Capacity-building (See 'Corp Brief') IPR - If defendant adopts mark that is minor phonetic and visual manipulation of well-known registered trademark, coupled with identical colour scheme, get-up, and trade dress, strong prima facie case of trademark & copyright infringement is made out: HC (See 'Legal Desk') CCI approves acquisition of 100% shareholding of Vishavari Tollway by Concessoc 41 SAS (See 'Corp Brief') CCI okays acquisition of sole control over Omega-Meyer by BCPE Wellbeing Holdco Two Ltd (See 'Corp Brief') CCI approves acquisition of equity in Prestige Hospitality Ventures Limited by CPP Investment Board (See 'Corp Brief') Central Zoo Authority and IIFM inaugurate 3-Day Regional Training Programme for Zookeepers at IIFM, Bhopal (See 'Corp Brief') CCI approves proposed combination related to internal restructuring of JSW Group (See 'Corp Brief') RRM Inaugurates SAREX-2026 as 24th NMSAR Board Meeting reviews Maritime SAR Preparedness (See 'Corp Brief') NLMC organises mock E-Auction Training ahead of RINL Land E-Auction (See 'Corp Brief') India, Ghana sign historic MoU to advance Agricultural Research and Technology Transfer (See 'Corp Brief') COP31 should focus on closing Gaps and fulfilling Commitments: Yadav (See 'Corp Brief') CBN conducts Jan Samvad at Malana in Kullu District to create preventive drug awareness (See 'Corp Brief') IBC - Per Section 9 of IBC, where operational debt meets statutory threshold & no pre-existing dispute exists, then application for initiation of CIRP is maintainable: NCLT (See 'Legal Desk') SEBI - Allegation of violations of SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations is serious & cannot be sustained on mere general allegations, individual perceptions, or violations of investment advisory regulations alone: SAT (See 'Legal Desk') IPR - Visual deceptive similarity, phonetic identity, likelihood of public confusion, brand dilution, and misrepresentation of association are sufficient to justify interim injunctive relief: HC (See 'Legal Desk') SARFAESI Act, 2002 - Writ remedy under Article 226 cannot be used to bypass or circumvent this designated statutory remedy & specialized forum, which is uniquely equipped to assess the intricacies of such proceedings: HC (See 'Legal Desk') An unsuccessful 'success fee' litigation (See CORP EINSICHT)

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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