WCL emerges as Growth Engine of Coal India, Records Strong Growth in Production (See 'Corp Brief') A&C - Judicial intervention in arbitral proceedings is warranted only in exceptional cases, such as where party is left remediless under the statute or where clear bad faith is established: HC (See 'Legal Desk') DPIIT implements Special Campaign to minimise Pendency Across Offices (See 'Corp Brief') SEBI ACT - Provisions of SEBI (Prohibition of Insider Trading) Regulations are violated where an employee of the Company, possessed & communicated Unpublished Price Sensitive Information regarding its forthcoming financial results to an outsider who then traded in company's shares based on such information: SAT (See 'Legal Desk') CCI approves acquisition of certain stake in Vodafone Group PLC by Vega SAS (See 'Corp Brief') CCI approves acquisition of equity of Solenergi Power by Aditya Birla Renewables (See 'Corp Brief') CCI approves acquisition of certain shareholding in Navi Ltd by MIH Payments (See 'Corp Brief') Insolvency and Bankruptcy Code, 2016 - A post-admission settlement can automatically bypass statutory mechanism mandated under Section 12A of the IBC, 2016, particularly in light of stringent amended provisions governing withdrawal of admitted applications: NCLAT (See 'Legal Desk') CCI approves acquisition of equity share capital of IntelliSmart Infrastructure by Adani Energy (See 'Corp Brief') CCI approves merger of Sapphire Foods India with and into Devyani International (See 'Corp Brief') 87 Crores Individuals Screened for Oral, Breast and Cervical Cancers (See 'Corp Brief') Insolvency and Bankruptcy Code, 2016 - Liquidator's claim for refund cannot be adjudicated in the summary jurisdiction under Section 60(5) of the Code, more so where the parties' claims have not been crystallised through adjudication: NCLT (See 'Legal Desk') India-BLEU Joint Economic Commission Session Held in Luxembourg (See 'Corp Brief') India to promote South-South Cooperation and share Agricultural Innovations (See 'Corp Brief') Companies Act, 2013 - Pendency of challenge to a judgment before a Division Bench does not extinguish its binding force, where judgment is neither set aside nor stayed: HC (See 'Legal Desk') Of 137 commercial mines allocated since 2020, 25 are producing (See 'Corp Brief') MoS releases Foreign Language Compendium of DRDO Products for engagement with international partners (See 'Corp Brief') Trade Marks Act, 1999 - Court's intervention is needed where the parties furnish affidavits making undertakings that effectively resolve the issues at hand: HC (See 'Legal Desk') An unsuccessful 'success fee' litigation (See CORP EINSICHT)

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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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