TaxTMI 
TaxTMI 
Disposal of Red Sanders seized by DRI and Customs field formations
X X X X Extracts X X X X
X X X X Extracts X X X X
....Manual also provides that on account of having notional custody, the custodian shall safeguard the interest of the Government in respect of confiscated goods left with the Port Trusts or other agencies. 2. It has been observed that in many cases, Red Sanders seized by DRI and field formations are pending disposal, resulting in grievances from the Port Trusts or other agencies including custodians of ICDs/CFSs, where the seized goods are kept. A doubt also persists whether field formations are required to undertake the disposal of Red Sanders seized by DRI, due to disposal process taken up by DRI in the past. 3. In view to streamline and expedite the disposal process, it is to clarify that the disposal of Red Sanders seized by DRI should also be undertaken by the Disposal units of the jurisdictional Customs field formations, as is being done in case of all other seized goods. 4. For guidance of the field formations, procedure to be followed for disposal of Red Sanders has already been informed vide this office letter of even no. dated 17.04.2025 (copy enclosed as Annexure A). However, as there is separate allocation of quota by DGFT for disposal of Red Sanders by export for....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s of Arunachal Pradesh, Assam, Manipur Meghalaya, Mizoram, Nagaland and Tripura. However, such confiscated timber and timber products should be disposed off through open auction/sealed tender through the respective state Forest department and the sale proceeds, after deducting the expenses, should be deposited with the concerned Central Government Department. 3. MoEFCC had issued letter dt. 30.04.21 addressed to Pr. Secretaries (Forest) to all States/UT's desiring compliance with the directions of Hon'ble SC's enabling judgement and referring to MoEFCC's letter dt. 11.08.2014 wherein inter-alia it was informed that DRI and BSF may like to take necessary action as per orders of Hon'ble apex court. The letter from MoEFCC had also been circulated, to all Customs field formations and DRI for necessary action vide this office letter dt. 04.06.2021 (copies enclosed). 4. It is noticed that there has been little traction on ground in terms of actual disposal of seized and confiscated Red Sanders. Active interdiction by Customs/DRI has led to ever burgeoning stocks of seized/confiscated red sanders, taking up valuable storage space incurring recurring security and ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....formations/DRI for issuance of Certificate of Origin. x. Upon receipt of CoO, PSU/STC/STE applies to Directorate General of Foreign Trade (DGFT), New Delhi for issue of Export License. xi. DGFT upon receipt of applications, processes the same and forwards it to Ministry of Environment Forest and Climate Change (MoEFCC). MoEFCC after processing the same, sends same to CITES for NOC. xii. After granting of NOC, CITES sends it back to MoEFCC. xiii. MoEFCC finally sends its NOC to DGFT, New Delhi. xiv. DGFT, New Delhi issues necessary instructions to Jt. DGFT of the concerned State for issuance of Export License. xv. Upon receipt of Export License, PSU/STE approaches buyer to complete the export formalities and receive the final payment. xvi. PSU/STC/STE remits the money to Customs formations/DRI after making necessary deductions. F. No. 711/34/2011-Cus (AS) Pt.IV * Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes & Customs (Investigation - Customs) 10th Floor, Tower-2, Jeevan Bharti Building, Parliament Street, New Delhi-110001. Tel. 011-21400625 Email ID: inv-customs@go....
X X X X Extracts X X X X
X X X X Extracts X X X X
..../ sealed tender through the respective State Forest Department and the sale proceeds, after deducting the expenses, should be deposited with the concerned Central Government Department." The undersigned has been directed to request compliance with the directions of the Hon'ble Supreme Court as above, and the Ministry's letter F. No. 5-2/2001-SU (Pt.) dated 11 August 2014. Yours faithfully, (Rakesh Kumar Jagenia) Deputy Inspector General of Forests (WL) Email: [email protected] Encl: As above. Validity un Toward of Indirect Taxes and Customs, Ministry of Finance, Government of Copy to: ·Thi Digitally signed by Pakesi All States/UT's (WL)/PPS to IGF (WL)/PS to JD (WL). MoEFCC. New Delhi KUMAR JAGENIN Date: 2021/04-80 09:50:22 IST 1 r File No. 711/34/2011-Commr.(Inv .- Cus.)Pt-IV (Computer No. 300508438) Generated from eOffice by PRATEEK RANA, CBIC-SUP(PR)-INV-CUSTOM, SUPERINTENDENT, CBEC on 03/03/2025 03:23 pm 788 COMMR CUS PATNA 20 E 8 2015 17:03 06122505506 #2973 P. 001 3/8 212 . . . (27).100 . 199 F. No. 5-2/2001-SU (PL) Governnient of India Ministry of Environment, Forests & Climate Change (SU Division) 6....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Supreme Court. Further it. is also informed that MoBF & CC vide lis letter number 4-11/2007-WL-I dated 17h July, 2013 (copy enclosed) issued directions in modification of its carlier advice of even number dated 26 September, 2011 regarding disposal of seized red sanders wood. As per the direction, State Government and Union Territories may deal with forest produces in accordance with :policies/rules/regulations/conventions: in force and directions of the Courts in "this "jegarde-as applicable. Further, as the Red Sanders is listed under appendix Ilif the SITES and a quota has been notified regarding export, clearance of CITES Management Authority in MoEF &CC is mandatory including . reporting of the origin and quantity of the material to be exported in each case. For this purpose, the Ministry has issued detailed instructions and proformas for stock keeping and issue of Certificate of ' Origin vide letter number 4-14/2012 - WL dated 7th August 2012 and 5-3/2012-SU dated 23" August, 2013. The action in accordance with these directions may be taken in the cases of applications seeking export of Red Sanders specimens disposed off as above. This is for your kind information a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....TICE S.H. KAPADIA For Petitioner (s) Mr. Harish N. Salve, Sr.Adv. (A.C.) (NP) Mr. U.U. Lalit, Sr.Adv. (A.C.) Mr. Sidhartha Chaudhary, Adv. (A.C. ) For Applicants: in IA 994: Mr. T.L.V. Iyer, Sr.Adv. Mr. K.R. Sasiprabhu, Adv. Mr. Sandeep Sethi, Sr.Adv. in IAs.1005-06: Mr. Manish Kumar, Adv. Mr. Shri Prakash Sinha, Adv. Mr. Rahul Kishan, Adv. Mr. R.K. Sharma, Adv. in IAs.1021-22: Mr. H.L. Agrawal, Sr. Adv. 10 Mr. K.K. Gupta, Adv. in IAs.1030-31: Mr. A.P. Sahay, Adv. Mr. Kuldip Singh, Adv. in IA 777: Mr. J.R. Das, Adv. Mr. Swetaketu Mishra, Adv. Ms. Moushumi Gahlot, Adv. in IAs.956, 1121: Mr. S. Ravi Shankar, Adv. (NP) in IA 960: Mr. K.S. Rana, Adv. (NP) in IAs.963-864: Mr. Sreepal Singh, Adv. in IAs.969-970: Mr. Prakash Srivastava, Adv. (NP) in IAs 754-755: Mr. Harish Chander, Sr.Adv. Mr. Naresh Kumar Sharma, Adv. Mr. Swetaketu Mishra, Adv. Ms. Moushumi Gahlot, Adv. Mr. Naresh Sahoo, Adv. in I.A.1036: Mr. V.S. Raju, Adv. Mr. T.N. Rao, Adv. in IAs.1190-91: Mr. Shibashish Misra, Adv. For MOEF: Mr. A.D.N. Rao, Adv. For St.of T.N. in IA 1121: Mrs. Sangeeta Kumar, Adv. For ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....pressed. I.A.Nos.1030-1031 in IA 921 in IAs. 813-815: learned heard counsel and We perused order dated 18th August, 2003 as also the resolution of the Government of Bihar, Department of Environment and Forest, dated 13th November, 2003. Sub-clause (b) of Clause (6) of Par a 4 (B) of Resolution No. 418-E, dated 8thJuly, 2002 reads as under: " (b) The seniority of sawmills falling under Section 5 (b) of the Bihar Saw mills (Regulation) Act, 1990 shall be determined on the basis of their date of registration in the Industries Department. Under this rule only those saw mills shall come who were operational prior to coming into force of the Act and who have applied for license within 30 days from the date of implementation of the Act i.e. 1.5.90 and license has been granted to them. " It is implicit that the aforesaid date would, in fact, be the date when the Rules came into application for grant of license could be filed within operation as thirty days therefrom. This would be kept in view while determining seniority in terms of the order dated 18th August, 2003. The I.As. are disposed of accordingly. I....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hrough open auction/ sealed tender through the respective State Forest Dept. At the time of handling over of the seized goods it is found that the weight of the cargo was 28.360MTs due to reduction in moisture content. Further for the sale of goods , it is informed by the State Forest officials that peeling and cleaning had to be done which would further reduction of weight at the time of auction for sale. The 27.348 MTs of Red Sander wood was sold through an auction for Rs. 1,85,76,303/- . The report on the remaining quantity 1.012 MTs of Red sanders is yet to be obtained from State Forest Dept for which four reminders have been send in regular intervals of time and the report is awaited. Sale by way of Domestic sale , 5 . 17 File No: 3-1/2019WL (Part-2) (Volume-1) Government of India Ministry of Environment, Forest and Climate Change Wildlife Division 1sh Floor, Agni Wing, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi-110003. Date: 12th September 2022 OFFICE MEMORANDUM Sub: Export of Red Sanders (Pterocarpus santalinus) At the request of this Ministry, the Botanical Survey of India, a designated Indian CITES Authority conducted a Non-detrimen....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... export of red sanders from artificially propagated sources does not exceed the total quota of 1190 MT per annum and the individual quotas of the three States mentioned in paragraph 2 above. All CITES Assistant Management Authorities (AMAs) / Regional Deputy Directors (WCCB) will also maintain data for their respective region. The office of the CITES MA will also maintain the register of all export applications, which will be reconciled with the register of the SU Division from time to time, and also with the offices of the CITES AMAs. iv. For harvest of artificially propagated red sanders from Government lands. including forest areas, the State Governments shall be requested to include specific management plans/harvest plans for red sanders with approved rotation periods in the Working Plans of the concerned Divisions. At least 10 percent of the plantation trees shall be left unharvested to allow seed production for future use in keeping with CITES recommendations. v. The concerned State Governments shall be requested to ensure that all future plantations are established through seed / plantation material derived from cultivated parental stock. C. For Seized / Confiscated....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the acquisition, maintenance and utilisation of red sanders stock, including regular verification of stocks. xi. It may be noted that the present OM only concerns permission from the CITES point of view. Decisions relating to other extant laws, rules and regulations applicable in India such as the EXIM Policy. forest legislations, etc .. will be independent of this OM. The SU Division may process applications for export of red sanders keeping those applicable laws, rules, and regulations in mind. xii. The State Governments shall be requested to organize inventory and maintain a database on the standing stock of red sanders both in the wild population as well as artificially propagated areas in their respective territories and report the same to the Ministry. xiii. The State Governments / Agencies shall be requested to strengthen enforcement measures against illegal felling and trade of the species. The State Governments / Agencies may also be requested to allocate a significant part of the sales proceeds of red sanders material to strengthen the protection measures for the wild population of the species and promote artificial propagation of the species to meet the market d....
X X X X Extracts X X X X
X X X X Extracts X X X X
....egulation) Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, as amended from time to time, the Central Government hereby amends the policy condition of Red Sanders (Pterocarpussantulinus) under Chapter 44 of ITC (HS), 2018, Schedule - 2 (Export Policy). 2. The existing entries against SI. No. 188 and 188A in Chapter 44 of Schedule 2 of ITC (HS) Classification of Export & Import Items shall be substituted as follows: S.No HS Code Unit Item Description Export Policy Current Policy Condition Revised Policy Condition 188 44039918 44079990 Red Sanders wood in any form. whether raw. processed or unprocessed, except at SI. No. 188A [of cultivation origin obtained from privatc land (including Pattaland)] and SI. No. 189 [specificd value added products of RSW and other handicrafts made from RSW procured from legal sources] below Prohibited Not permitted to be Exported However, in accordance with the recommendations of the BSI NDF Report. MoEF&CC the following annual export quotas for red sanders (Pterocarpussantulinus) is allowed: Λη annual export quota (April to March) of 280 MT for Andhra Pradesh for artificially Propagated red sanders: ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nof current positionof stocks so procured and stocks so procured and available with the available with the applicant given after applicant given after physical verification of physical verification of the stocks.by the the stocks. by the authority nominated authority nominated for the purpose by the for the purpose by the PCCF.should also PCCF.should also accompany application for export license. (iii) The applications shall be considered on merits for issue of export license. which shall be subject to any other conditions such as MEP. quantity ceilings as MEP. quantity ceilings requirements under CITES. etc. as may be prescribed from time to time: requirements under CITES, etc. as may be prescribed from time to time; accompany application for export license. (iii) The applications shall be considered on merits for issue of export license. which shall be subject to any other conditions such (iv)As per there (iv)As per the recommendation of CITES Management Authority India.the MOEF&CC will fix an yearly quota. which commendation of CITES Management Authority India the MOEF&CC will fix an ycarly quota.which may be reviewed based on A 24 4 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....C) for export of red sanders wood and value added products of red sanders, the following Standard Operating procedure shall be followed :- i. The firm intending to export red sanders wood/value added products shall apply to Directorate General of Foreign Trade for issue of export license. ii. The Director General of Foreign Trade shall check the following documents before forwarding the application to the Ministry of Environment, Forest and Climate Change (SU Division) :- (a) Attested copies of certificate of origin issued by the Principal Chief Conservator of Forests (PCCF) of the State from where the stocks were procured, giving details of the date of procurement from legal sources and quantities procured. The Certificate of Origin should have at least six months validity period; (b) In case the red-sanders stock sought to be exported has been transported from the State of procurement to one or more other States for the purpose of processing, storage, export, etc., documents regarding their transport and chain of custody of such stock shall be kept by the exporter till the material is exported from the country exit point; (c) A certificate of the stocks so procured....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... for allowing export of red sanders by DGFT. vii. The concerned State Forest Department/UT shall check the genuineness of the documents attached with the application alongwith the physical inspection report submitted by the concerned officer of the Forest Department. The Physical inspection of the material should be carefully checked by the concerned State Forest Department as the Ministry does not physically verify the material intended to be exported. viii. In future, the concerned State may issue the Certificate of Origin for red sanders including details of geo coordinates. ix. Based on the report received from CITES Management Authority and State/ States Forest Department, the Ministry with the approval of IGF (SU) may issue its 'NoC' to DGFT for issue of export license to the concerned firm/organisation for export of red sanders material. JHAN) ,Sil 5-31/2022-SU 959722/2023/S&U 28 Ã -3- x. The Ministry/SU Division may try to issue NoC for export of red sanders within 30 working days after receipt of the reports from State Forest Department and CITES Management Authority. xi. Based on the NoC of the Ministry, DGFT shall issue export license ....