Project Imports Regulations - Fresh Instructions
THE C&AG has taken a serious view on the weak monitoring of the Project Imports and on the substantial delay in finalization of Project Imports. Based on the CAG report, CBEC has taken certain decisions:
++ Finalization of assessments under Project imports should completed within a period of 60 days from the date of submission of required documents by the importer. However, in exceptional circumstances where it is not possible to complete the finalization within the time limit for justifiable reasons, the time limit may be extended by the jurisdictional Commissioner of Customs for such further period as may be decided by him and for the reasons to be recorded in writing.
++ In cases where the importers have not submitted the requisite documents in time, it may be ensured that the bank guarantees are kept alive until finalization of project imports so that resultant delay does not adversely affect the interests of revenue.
++ Commissioners should ensure that in cases where the requisite Statement/documents under Regulation 7 of PIR , 1986 is not submitted in time or submitted incomplete, then necessary action for enforcing bond / undertaking, cash security/ bank guarantees executed in this regard, issue of notice for demand of duty, penalty for non-compliance with the provisions of the Regulations may be initiated against the importer. The adjudicating authority is expected to appreciate the evidence on record including documents submitted, if any, to arrive at a decision whether duty is to be confirmed and/or penalty imposed.
++ Importer and his Custom House Agent should ensure that the provisionally assessed Bills of Entry for the imported goods at the ports other than the port of registration of project imports are finally assessed and audited at the respective ports, and should be submitted along with the documents submitted for finalization of Project Imports. In these cases the concerned Commissioner should ensure that such Bills of Entry are finalized without undue delay.
++ Jurisdictional Central Excise Commissionerate should ensure that Plant Site Verification, where ever applicable, is completed within 15 days of submission of relevant documents by the importers. However, in cases of Government Departments and Public Sector Undertakings, the requirement of PSV under project imports can be fulfilled by means of issuing appropriate Certificate by the Head of PSU / Government Undertaking in the rank of Chairman / Executive Director.
++ Proper records of the Contracts registered under Project Imports along with requisite particulars, amendments to contracts, if any, as required under Regulation 5 of PIR shall be maintained by the respective Custom Houses for the purpose of monitoring.
++ Commissioner of Customs should monitor the pendency of project imports cases and submit a monthly report to the Chief Commissioner of Customs in charge of the Zone, in the prescribed format.
++ The Chief Commissioner of Customs will monitor the pendency and send a quarterly consolidated report of the Zone by 15 th of next month to the Directorate General of Inspection (Customs & Central Excise), New Delhi in prescribed format.
++ The DGIC&CE will in turn monitor the pendency at All India level, in centralized manner and will report to the Board on a quarterly basis about the progress made in finalization of project imports, trend of compliance etc. and suggest corrective measures to be taken, if any.
CBEC Circular No.22/2011-Customs, Dated : May 4, 2011