NOT SUBMITTED PROOF OF EXPORT WITHIN 6 MONTHS

[Guest]

Hello Experts,

I have not submitted the proof of export to the range office within the 6 months period. The main reason behind non-submission is our CHA misplaced and they will get the duplicate of the EP copy.

The EP copy is the only document that is misplaced.

We shipped in the month of feb 2013. Kindly suggest a way wherein i can submit the proof of export (once the CHA get the duplicate of EP copy) and not pay any fine. also suggest along with the notification no.

Lots of Thanks.

 

[Mritunjay Kumar]

As per the requirement of Central Excise Notification No.42/2001-CE(NT), one is required to submit the export documents within the period of 6 months.

In your case, CHA has misplaced EP copy and as I get you, CHA has already applied for the duplicate copy of EP Copy. Further, you need to give the written intimation to the Divisional Officer(Concerned officer) regarding the loss of EP copy and subsequent application for obtaining duplicate copy. This will establish your intention for not evading the duty payment to the department. When the circumstances are bonafide and duly intimated to the departmental officers, then no penalty will be leviable to you in this case. Case law, 2008 (1) TMI 149 - CESTAT BANGALORE may be referred for your help.

[Mahir S]

At least submit the other relevant documents pertaining to proof of export to the department and request for extension of time period for submission of EP Copy.

[MANDAVILLI RAMAKRISHNA]

mr. naveed is correct.

 

submit immediately proof of export like bank statement, CA certificate, invoice / receipts of your custom handling agents, correspondence with the foreign buyer etc., and request time of 3 months.

 

 

AI Summary

Guidance on Avoiding Penalties for Delayed Export Proof Submission Due to Misplaced EP Copy by Customs Agent. An individual inquired about not submitting proof of export within six months due to a misplaced Export Promotion (EP) copy by their Customs House Agent (CHA). They sought advice on avoiding penalties and requested guidance on relevant notifications. Respondents suggested notifying the concerned divisional officer about the loss and application for a duplicate EP copy, which could prevent penalties if intentions are clear. Additionally, they advised submitting other export-related documents, like bank statements and invoices, and requesting an extension for submitting the EP copy. Reference to a relevant case law was also recommended for further assistance.