TIOL-DDT 218 · the untouched capture
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<html> <head> <title>Untitled Document</title> <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"> </head> <body bgcolor="#FFFFFF"> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b><font color="#663399" size="3">TIOL-DDT 218</font><br> 07 10 2005<br> Friday</b></font></p> <p align="center"><b><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"> DEPB – DGFT procedure</font></b></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">DGFT had issued detailed instructions on EDI DEPB shipping Bills.</font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">• Details of the EDI Shipping Bills issued on or after 01.10.2005 and received from the Customs Server will be segregated IEC wise by the DGFT Server and will be available in the DEPB ECOM module of the IEC holder.<br> <br> • In cases where a scanned BRC copy is submitted, manual copy of the BRC will not be asked for.<br> <br> • Exporters will also not be required to submit a hard copy of such DEPB applications filed electronically<br> <br> • Data relating to DEPB Licences issued on the basis of EDI DEPB Shipping Bills issued on or after 01.10.2005 shall be sent electronically to the Customs ‘Port of Registration’ as per Para 4.40.1 of Handbook of Procedures (Vol 1) and no manual verification/registration of DEPB licences will be required at the Customs end.<br> <br> • Any amendments which are made subsequent to the issue of DEPB licence will be transmitted electronically to the Customs through the message exchange system. <br> <br> <a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=46&filename=notification/dgft/2005/dgft05cir028.htm">CIRCULAR NO. 28 (RE-2005)/2004-2009, Dated: October 6, 2005</a></font></p> <p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>HI-TECH JUDICIARY </b></font></p> <p align="center"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Information and Communication Technology Enablement of Indian Judiciary – towards easy fast and cheap justice</b></font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> Prime Minister, Dr. Manmohan Singh has inaugurated the Five-year Project for Information and Communication Technology Enablement of Indian Judiciary yesterday evening. Speaking on the occasion, Dr. Singh emphasized the need to increase the speed of disposal of cases and reduce pendency and devise ways to ensure that justice becomes easier, faster and cheaper. He said, a stable and sound legal system which dispensed effective justice was an essential pre-requisite for the sustained economic growth. <br> <br> Affirming his Government’s fullest support to the computerization scheme to streamline judiciary, Dr. Singh asserted that the Government would work hand-in-hand with judiciary to enable it to play its role in the modernization of the economy. <br> <br> Chief Justice Lahoti said this comprehensive Action Plan provides for diverse initiatives like provision of computers with broadband internet access in all 2500 court complexes across the country, laptops for approximately 15,000 District and subordinate court judges, extensive ICT training to judges and court staff, extension of computer facilities from filing counters to judges’ chambers and residential offices, gradual extension of these facilities to all branches and sections of court Registry, facilities for video conferencing between under-trials and the courts, digital archiving, use of advanced ICT tools including biometric facilities, information gateway interface between the court and the governmental agencies, and providing the Wi-Fi system at Supreme Court and High Courts. <br> <br> The Chief Justice further said that the total estimated cost over the entire period of five years is only Rs 854 crores, not too huge a sum, if seen in the context of larger objectives and the expected benefits. Justice Lahoti said that the implementation of this project in judicial sector will embark upon a challenging journey of change. He said that E-governance has the potential to impact all areas including systems, processes and most importantly the institutional human resources. He further said that the <b>computerization would help in providing speedy, qualitative and cost effective justice, reduce harassment and corruption and enhance transparency and accountability.</b></font></p> <p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Fraud by assessee – department files complaint</b></font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The Central Excise, Surat-I Commissionerate has lodged a complaint with the city police against the directors of a 100 per cent export oriented unit at Sachin on charges of producing forged export documents of transaction worth Rs. 1.35 crore.</font></p> <p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"> <b>The Arusha Declaration of WCO CONCERNING INTEGRITY IN CUSTOMS</b></font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>NOTING</b> that Customs is an essential instrument for the effective management of an economy and that it performs simultaneously the vital roles of combating smuggling and facilitating the flow of legitimate trade.<br> <br> <b>ACKNOWLEDGING</b> that:</font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++ corruption can destroy the efficient functioning of any society and diminish the ability of the Customs to accomplish its mission;<br> <br> ++ a corrupt Customs <br> <br> • will not deliver the revenue that is properly due to the State,<br> <br> • will not be effective in the fight against illicit trafficking, and<br> <br> • will obstruct the growth of legitimate international trade and hinder economic development;<br> <br> ++ the Customs has no right to public recognition or trust if its staff break the law habitually.<br> <br> <b>CONSIDERING</b> that corruption can be combated effectively only as part of a comprehensive national effort;<br> <br> <b>DECLARES</b> that a top priority for all Governments should be to ensure that Customs is free of corruption. This requires a firm commitment at the highest political and administrative levels to maintaining a high standard of integrity throughout the civil service and particularly in the Customs.<br> <br> <b>DECLARES</b> that a national Customs integrity programme must take account of the following key factors:<br> <br> 1. Customs legislation should be clear and precise. Import tariffs should be moderated where possible. The number of rates should be limited. Administrative regulation of trade should be reduced to the absolute minimum. There should be as few exemptions to the standard rules as possible.<br> <br> 2. Customs procedures should be simple, consistent, and easily accessible, and should include a procedure for appealing against decisions of the Customs, with the possibility of recourse to independent adjudication in the final instance. They could be based on the Kyoto Convention and should be so framed as to reduce to a minimum the inappropriate exercise of discretion.<br> <br> 3. <b>Automation (including EDI) is a powerful tool against corruption, and its utilization should have priority.</b><br> <br> 4. In order to reduce the opportunities for malpractice, Customs managers should employ such measures as strategic segregation of functions, rotation of assignments and random allocation of examinations among Customs officers and, in certain circumstances, regular relocation of staff. <br> <br> 5. Line managers should have prime responsibility for identifying weaknesses in working methods and in the integrity of their staff, and for taking steps to rectify such weaknesses.<br> <br> 6. Internal and external auditing are essential, effective internal auditing being a particularly useful means of ensuring that Customs procedures are appropriate and are being implemented correctly. The internal auditing arrangements should be complemented by an internal affairs unit that has the specific task of investigating all cases of suspected malpractice.<br> <br> 7. <b>The management should instill in its officers loyalty and pride in their service, an "esprit de corps" and a desire to co-operate in measures to reduce their exposure to the possibility of corruption.</b><br> <br> 8. The processes for the recruitment and advancement of Customs officers should be objective and immune<br> <br> 1. from interference. <br> <br> 2. They should include a means of identifying applicants who have, and are likely to maintain, a high standard of personal ethics.<br> <br> 9. Customs officers should be issued with a Code of Conduct, the implications of which should be fully explained to them. There should be effective disciplinary measures, which should include the possibility of dismissal.<br> <br> 10. <b>Customs officers should receive adequate professional training throughout their careers, which should include coverage of ethics and integrity issues.</b><br> <br> 11. <b>The remuneration received by Customs officers should be sufficient to afford them a decent standard of living,</b> and may in certain circumstances include social benefits such as health care and housing facilities, and/or incentive payments (bonuses, rewards, etc.).<br> <br> 12. Customs administrations should foster an open and transparent relationship with Customs brokers and with the relevant sectors of the business community. Liaison committees are useful in this respect.<br> <br> This was made at Arusha, Tanzania on the 7th day of July, 1993 (81st/82nd Council Sessions). <b>After 12 years what is our status?</b></font></p> <p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>DEPB – Department’s Export Policy Bungling?</b></font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> The extension of DEPB benefits by the new notification No. 89/2005 has created more problems than it solved. Last minute patch up is always bound to cause confusion as this hurriedly issued notification after waiting for too long has proved. Please see our story today for implications of the new notification.<br> <br> <font color="#FF6666"><b>Until Monday with more DDT</b></font></font></p> <p align="justify"><font color="#FF6666"><b><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Have a nice Weekend. <br> <br> Mail your comments to</font></b></font><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> <a href="vijaywrite@taxindiaonline.com">vijaywrite@taxindiaonline.com </a></font></p> </body> </html>