for licence

[Guest]

dear sir/madam

I give my epcg licence to a party for clearing my import now they use my licence to other party for clearing.

now they didnt give my licence back to my and i need it for bnk subcidy. i have no copy of bill infentory no bill no

epcg copy. no how can i get my licence

[CSSANJAY MALHOTRA]

Please draft your question properly to revert with right opinion. Who is first party ?????and who is second party ?????

[KASTURI SETHI]

SH.CS SANJAY MALHOTRA JI,

Sir I think the questioner does not want to express in clear terms. He does not want to name the offenders. He wants to just know how the department can help technically.

[CSSANJAY MALHOTRA]

Respected Sh. Kasturi ji,

Thanks for the comments.

Mr. Gagan,

As far as I understand that you have given EPCG Licence to CHA for clearance of Import shipments, who might have given same to another CHA for custom clearance of your goods. You are neither in possession of EPCG Licence and Copy of Bill of Entry.

Submissions

• Please do check in your factory whether the shipment cleared has been received against the EPCG Licence and whether the copy of B/E is accompanied with the same.
• Importer has to submit the B/E copy meant for Bank (Exchange Control Copy) with Bank, Agreed with you and if the CHA is not responding to same, please file FIR report for loss of EPCG Licence and share the copy of same with the office of your range DGFT for issuance of Duplicate EPCG Licence.
• In the meantime, also arrange for Duty Debit Ledger against the EPCG Licence from Customs Port.
• Report the matter to Custom and file Affidavit and Indemnity letter for re-print of Duplicate Copy of B/E, but important is to check out the status of Import shipment, where the same is lying, if the copy of B/E has been generated.

Please feel free to share / ask anything if the issues does not get resolved.

[KASTURI SETHI]

SH.CS SANJAY MALHOTRA JI,

Sir, your reply has quenched my thirst. Thanks a lot.

[CSSANJAY MALHOTRA]

Respected Sh. Kasturi ji,

It's all your greatness. We stand by you in ensuring issue resolution and knowledge sharing.

Thanks once again.

[KASTURI SETHI]

SH.CS SANJAY MALHOTRA JI,

Sir, After exhausting the measures advised by you, if the querist fails to get his EPCG lincense back , then will this case be fit for FIR with Police ? Thanks a lot.

[Mahir S]

Well answered Sanjay ji..

Such queries are answered mostly due to deep knowledge of the subject..

[CSSANJAY MALHOTRA]

Respected Kasturi ji,

100% in agreement with you. Recently, Exporter in Punjab has followed the same step and the concerned person is behind the bars and licence is under cancellation.

Thank Mr. Mahir..

[Guest]

Hello Sorry. for late reply sir I buy Chinese machines from agent he make my epcg license to import my machines now my machines come India through him ...now he have my license my agent make a high seas agreement hr didn't back to me anything ..CHA give agent bill of entry epcg back.now agent speak with me he say I have to him my half subcidy amount cash so he give me my documents back

[CSSANJAY MALHOTRA]

Dear Mr. Gagan,

You need to look into your Commercial arrangement as to sharing of subsidy.

What;s is the status of Machines clearance. Has the same been cleared under EPCG Licence during executing High Sea Sales transaction or cleared by Agent on payment of Duty????????

Please confirm to resolve your issue.

[Guest]

There is no agreement for subcidy. Agent sale machines high seas under epcg license to save duty

AI Summary

EPCG licence misuse: file FIR, obtain duty ledger and apply for duplicate licence to recover Exchange Control documents. Where an EPCG licence and Exchange Control copy of the Bill of Entry are withheld or lost after clearance by a CHA/agent, verify receipt of goods, seek the B/E copy from the CHA, file an FIR for loss or misappropriation, apply to the regional DGFT for a duplicate EPCG licence with the FIR, obtain a Duty Debit Ledger from Customs, and file an affidavit and indemnity to request reprinting of the Exchange Control copy of the Bill of Entry; criminal prosecution and licence cancellation may follow for diversion or unlawful high-seas sale.