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Original ARE-1 requirement

HITENDRA DAVE

we have submitted proof of export with all documents( Zerox Copies ) to the range superintendent of the direct export,original ARE-1 and duplicate copy of ARE-1 ans other misplaced , superintendent told me submit original document instead of zerox due to we prodece to the Division office other wise you debit the duty amount non submission please advice it is right as per law

Lost Export Documents: Attested Photocopies or FIR May Suffice for Proof; No Duty Demand If Export Proven. A discussion on a forum addresses the issue of submitting proof of export documents to a Central Excise superintendent. The original ARE-1 and duplicate documents were misplaced, and the superintendent requested original documents instead of photocopies. One response suggests that attested photocopies of shipping bills, customs-endorsed bills of lading, and foreign exchange remittance certificates should suffice. Another suggests submitting a copy of a First Information Report (FIR) if the originals were lost. It is emphasized that if proof of export is provided, no valid demand for duty should persist, and the situation should be handled based on specific circumstances. (AI Summary)
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Guest on Jun 17, 2009
These documents are sufficient to cater the need of submission of proof of export:- In the case of direct export by the Manufacture- exporter(i) Duly attested photocopy of shipping bill (Export Promotion Copy) bearing the particulars and date of clearance document under which the goods are cleared from the factory of production, having endorsement on its reverse by the Customs of the particulars of mate's receipt no. (wherever applicable), name of the ship/ flight no., of the aircraft, vehicle no. - by which the goods were exported out, date of export, and EGM Number/ Airway Bill Number (wherever applicable); ii)Duly Custom's attested copy of Bill of lading; and (iii) Foreign Exchange Remittance Certificates. Regards, Pradeep Khatri, Consultant - Indirect Taxation, [email protected]
SPIROTECHHEATEXCHANGERS PVTLTD on Jun 17, 2009
YOU CAN GIVE COPY OF FIR THERE IS MENTAINED THAT ORIGIONAL PARER HAS BEEN FELL DOWN IN THAT AREA WHERE FIR LODGED.
Madhukar N Hiregange on Jun 17, 2009
Once goods are exported due to lack of documents no valid demand would survive if the proof of having exported is provided. Please ensure you provide the same and obtian acknoweldgement in writing for the same seeking conodnation. If SCN is issued fight the same.
Prabhakar Vennalaganti on Jun 21, 2009
Misplaced - where? Whether customs endorsed copies are recived? By whom? ......the circumstance under which the documents are missed or not traceable will play vital role in this issue. Ensure whether proof of export is submitted within the prescribed timelimt. The action u have initiated for recovery of the misplaced documents is another evidence which will help before the adjudcicating authorities. As exemption is granted, the Departmental officers are bound to demand duty unless appropriate documents are furnsihed. This type of issues aree to be addressed case to case depending on the merits.
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