Provisional release of export-goods detained for investigation - Board STRONGLY reiterates earlier instructions
FIELD formations never take Board instructions seriously, as this column has reported on several occasions. The CBEC invites the attention of all Chief Commissioners and Commissioners to its earlier Circular No. 01/2011-Customs dated 04.01.2011 regarding provisional release of export goods that are detained or seized and which Circular was issued with the objective of expediting the clearance of export goods and to ensure that where permissible by law, exports should not get unduly delayed, thereby causing congestion in ports as well as delays in fulfilment of export orders.
It has been brought to the notice of the Board that the above instructions are not being implemented by certain field formations and exporting community is aggrieved by the long detention of exports goods. The matter has been raised in many forums and the issue of congestion in ports has also been highlighted by Inter-Ministerial Committee for boosting exports from Micro, Small & Medium Enterprises (MSMEs) sector, which pointed out that, besides the Boards aforementioned instructions, paragraph 2.42 of the Foreign Trade Policy also provides that export consignments shall not be withheld / delayed for any reason.
So, the Board has re-examined the matter and observes -
"3... The view is that there can be no justification to hold up export consignments for long periods unless the export goods are prohibited under Customs Act, 1962 or ITC (HS) Policy. Essentially genuine exports must be facilitated and there should be no delays or hold ups of export goods. Therefore, the Board strongly reiterates the instruction dated 04.01.2011 referred above. It shall be the responsibility of Commissioner of Customs concerned to ensure strict compliance of these instructions. Needless to state any deviation or lapse shall be proceeded against by the Board."
While reporting the Circular No. dated 04.01.2011, DDT said in DDT 1523-06.01.2011,
"When the Board knows that its instructions are not followed, why should the Board helplessly issue another circular? If the previous circular was disobeyed, is there any good reason as to why this Circular should be obeyed? What will the Board do when these instructions are also flouted? Issue another Circular after five years!
It is high time that Board takes a serious decision. Either enforce its instructions scrupulously or stop giving instructions.
Detaining export cargo illegally should be treated as a serious crime against the Nation and the offenders should be punished."
We were wrong; it didn't take them five years to issue the next circular; it took only two and a half years. Can we expect the next circular in one year?
Strong - stronger - strongest. Probably the next level of reiteration would be at the strongest level - i.e. charge sheet the officer concerned for not showing any concern.
CBEC Circular No. 30/2013 - Customs, Dated: August 05, 2013