DBK 2011-12

[Pradeep Jain]

Dear Sir,

We need to file DBK clam instead of  DEPB License w.e.f. 22.09.11 Circular No. 42/2010 Cus. dated 22.09.10.

In this connection ,  Since  our shippling bill EP copy  was hold  before Customs  for last one and half year  now  we have received in last week  now we seek  your  advice on the following points:-

1- What is time limit for filing the DBK 

2- If there is delay in filing the DBK benefits , what is the proedure for getting delay condone for the department .

Regards

Pradeep Jain

[YAGAY andSUN]

You could have file your DBK application without EP copy of the Shipping bill and state the facts to the jurisdictional Commissioner of Central Excise, DC and the Range Superintendent.

The commissioner may condone the delay of 60 days in this regard.  I am afraid that you may loose the benefit under DBK under section 75 of the Customs Acts read with DBK Rules 6 or 7 as may be applicable.

AI Summary

DBK claim filing may proceed without the shipping bill EP copy; seek commissioner condonation to avoid loss of entitlement. Filing a DBK claim may proceed without the shipping bill EP copy by stating the facts to the jurisdictional Commissioner and range officers and seeking condonation of any short delay; the Commissioner has discretion to condone delay, but failure to obtain condonation or comply with DBK Rules risks loss of entitlement under the relevant Customs statute.