Lost of DBK Copy of SB

[Tikam Rawat]

Our DBK Copy of SB has been lost some where. We have submitted Police FR, Undertaking and Affadavit to Customs to release the Draw Back Claim, but Customs asking us is there any notification, circular to release the Draw Back in such circustances. Please advise, if any or further procedure to file the claim for Draw Back

Thanks

[YAGAY andSUN]

Dear Sir,

Please get the documents re-constructed from the Commissioner of Customs. On the basis of reconstructed copy of the Shipping Bill, you can file the claim.

Reards,

Pradeep Khatri

 

OFFICE OF THE COMMISSIONER OF CUSTOMS (EXPORT)

JAWAHARLAL NEHRU CUSTOM HOUSE, SHEVA, DISTT. RAIGAD

MAHARASHTRA- 400 707

 

F.No. S/12-Gen- 42/2008-09 A(M) Export JNCH                              

Date :  04.02.2009   

Standing Order No. 03 /2009

 Sub : Procedure for reconstruction of Export Promotion (E.P.) Copy Shipping bills – reg.

Representations have been received from Members attending the Permanent Trade Facilitation Committee meetings that there is no uniform policy in dealing with applications made by them for reconstruction of Export Promotion (E.P.) Copy of Shipping Bills in cases where such documents have been lost or misplaced. 

It has been decided that applications for reconstruction of E.P. Copy of Shipping Bill which are not more than 5 years old shall be considered in terms of the following guidelines laying down a uniform and streamlined procedure for reconstruction of E.P. Copy of Shipping Bills.

 All requests for reconstruction of E.P. Copy of Shipping Bill would be centralized at CFS Dronagiri under the supervision of AC/DC (Admn).

 He will nominate one Examiner to scrutinize such applications.  The exporter’s request should be accompanied with the following documents:-

1. FIR of loss of documents
2. Bill of Lading
3. Any original copy of Shipping Bill, generated by the System
4. Customs/Central Excise Attested Invoice and Packing List
5. Mates’ Receipt
6. AR-4/ARE-1 etc.
7. Bank Realisation Certificate.
8. The proof of payment of fees as applicable under the Customs Act, 1962.

 3.    Reconstruction process shall start only if all the above said documents are found in order.  Further, if any deficiency is noticed, the same should be conveyed to the exporter/CHA by issuing Deficiency Memo. Later on the examiner should take a Print Out of the S/bill from the EDI System.

 4.  The file shall then be put up to Appraising Officer (A.O.), who will cross-check the particulars of Shipping Bill submitted by the exporter and the print out of Shipping Bill from EDI system.  The A.O. shall obtain a “No Objection Certificate” from the concerned verification section to the effect that no benefit has been obtained earlier on the Shipping Bill for which reconstruction has been requested.  After that the application shall be put up to the AC/DC (Admn) for permission to grant the reconstruction.

 5.  After a decision is taken permitting reconstruction of E.P. copy of Shipping Bill, the exporter would be required to furnish an indemnity bond indemnifying the amount of benefit availed under that particular Shipping Bill.  The indemnity bond shall be kept in the safe custody by the Examiner deputed for the reconstruction after its acceptance by proper officers. .

6.   A separate register in the following format shall be maintained by concerned section clerk containing details of receipts of requests for reconstruction of Shipping Bills and their disposal. The same will be put up to the concerned AC/DC incharge in the 1^st week of following month for information and endorsement with name and dated signatures each month.

 

(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
S.No.	F.No.	Name of Exporter	Name of CHA	Type of S/Bill	S/B No. and date	FOB Value of export	Item of Export

 

(9)	(10)	(11)	(12)	(13)
Reasons for reconstruction	Receipt date of request for reconstruction	Date of approval of reconstruction	Reconstructed Copy handed over to exporter on	Remarks, if any

 

7.         The E.P. copy of Shipping Bill will be reconstructed after proper remarks are given in the manual register against the shipping bill that “Reconstruction allowed as per order dated ……… by the Asstt./Dy. Commissioner of Customs (E.P.) vide F.No………………..”.  The register shall be put up to the Appraiser and the Asstt. Commissioner/Dy. Commissioner of Customs for their countersignatures. Further, before handing over the reconstructed copy of the S/Bill, the file should also be forwarded to the EDI section for updating of the record in the EDI system for the relevant S/Bill.  

 8. The above procedure is devised basically to ensure that there is no double use of the Shipping Bills.  In case, it comes to the notice that lost Shipping Bills are presented for taking benefit again, such matter should immediately be brought to the notice of the Asstt. Commissioner/Dy. Commissioner of Customs in charge who will deal with such cases very sternly.

9.  It is clarified that requests for reconstruction of documents more than five years old shall not be accepted for reconstruction. Only exception in entertaining request of reconstruction of E.P. Copy of Shipping Bills more than five years old shall be where it is evidenced with documentary proof that the Shipping Bill, for which reconstruction is being sought, was lost from the office of Customs/DGFT or any other government office where it was submitted for any statutory requirement. 

 10.   In respect of those cases, which have been rejected in the past solely on the ground of delay in making the request for reconstruction, fresh requests for reconstruction can be made in terms of this Standing Order provided the Shipping Bills are not more than five years old at the time of making the first request.

            The above guidelines come into force with immediate effect should be strictly followed by the concerned officers and staff.

 

  (K.L.GOYAL)

          COMMISSIONER OF CUSTOMS (EXPORT)  

To

All the Concerned Officers

 Copy for information to :

1.  The Chief Commissioner of Customs, JNCH, Sheva

2.  The Commissioner of Customs (Import), JNCH, Sheva.

3.  All the Addl./Commissioners of Customs (Export), JNCH, Sheva.

4.  All the Asstt./Commissioners of Customs (Export), JNCH, Sheva.

5.  Office file.

AI Summary

Reconstruction of Shipping Bill copies permitted under standardized procedure; documentation and indemnity required to prevent double benefits. Centralized procedure requires submission of specified supporting documents (FIR, Bill of Lading, system-generated shipping bill copy, attested invoice and packing list, mates' receipt, AR-4/ARE-1, Bank Realisation Certificate, fee proof) to CFS Dronagiri where an Examiner and Appraising Officer verify particulars against an EDI printout, obtain a No Objection Certificate, secure AC/DC (Admn) permission, and require an indemnity bond before reconstructing the E.P. copy; reconstruction is generally limited to shipping bills not more than five years old, with narrow exceptions and controls to prevent double claiming.