PDUNASS inaugurates Joint EPFO-ITC-ILO Training Programme (See 'Corp Brief') IBC - It is impermissible for NCLT to examine merits of dispute while considering application for CIRP u/s 9 by operational creditor: SC (See 'Legal Desk') Companies Act - It cannot be expected that registering authority would, in every case, independently identify whether every newly registered company name is identical with or similar to existing company name: HC (See 'Legal Desk') Patents - Claims must be construed as a whole without dissection - product claims are exempt - Section 3(m) objections remain independent of novelty, inventive step & Section 3(k) computer-related evaluations: HC (See 'Legal Desk') IBC - Subsequent efforts to sell mortgaged property does not amount to waiver of financial creditors rights: NCLAT (See 'Legal Desk') Prevention and Healthy Lifestyles must Go Hand in Hand with Disease Treatment : Jadhav (See 'Corp Brief') Ministry of Textiles to organise IIHT SUTRA 2026 (See 'Corp Brief') A&C - Award is patently illegal and liable to be set aside if it ignores vital evidence, applies circular logic, or blocks party from presenting its case: HC (See 'Legal Desk') In a first, 'Vande Mataram' to be sung from ramparts of historic Red Fort (See 'Corp Brief') National Handloom Designers' Conclave showcases Design-Led Innovation (See 'Corp Brief') PBPT - Routing of funds through company to appellant squarely attracts Section 2(9)(A) of the Act as property stood in name of benamidar while consideration emanated from beneficial owner: SAFEMA Tribunal (See 'Legal Desk') PM-YASASVI Scheme implementation in Maharashtra reviewed Regularly: Govt (See 'Corp Brief') MoS calls for greater Private Sector Participation in Biotechnology Ecosystem (See 'Corp Brief') IBC - Right of Personal Guarantor to invoke insolvency provisions of Sec 94 of IBC is statutory right that cannot be extinguished merely because Financial Creditor has initiated recovery proceedings under SARFAESI: NCLT (See 'Legal Desk') Empowering Nari Shakti: 1 crore houses allotted to women (See 'Corp Brief') MoS dedicates to nation first-of-its-kind 'Eco-Educational Hub' (See 'Corp Brief') NI Act - Moratorium protects corporate debtor in respect of insolvency proceedings, but does not grant immunity to natural persons from criminal liability already incurred on account of cheque dishonour: HC (See 'Legal Desk') XI BRICS Culture Ministers' meeting concludes in Bhopal (See 'Corp Brief') A&C - If prima facie arbitration agreement exists and non-signatories have shown conduct aligning with contract, referral court should allow arbitrator to finalize list of parties based on detailed evidence: HC (See 'Legal Desk') Railways approves introduction of Daily Itarsi-Madan Mahal Passenger Service (See 'Corp Brief') A&C - Arbitral award is patently illegal if it is rendered in summary manner without allowing parties to lead evidence or be heard on critical pleadings: HC (See 'Legal Desk') 13th BRICS Education Ministers' meeting concludes with Declaration (See 'Corp Brief') IEPFA organises Stakeholder Engagement with Nodal Officers of Companies on Portal 2.0 (See 'Corp Brief') SARFAESI - Any tenancy created after issuance of notice u/s 13(2) without prior written consent of secured creditor, is void ab initio: HC National Handloom Day celebrates Tribal Weaves of India (See 'Corp Brief') Tete-a-tete around AI in banking sector often begins with algorithms (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.

TIOL CORP SEARCH

TIOL GROUP WEBSITES