Registration of the authorised carrier shall be invalid, if the authorised carrier is found to be inactive for a period of 1 year; Form IA introduced for renewal; notified vide the Sea Cargo Manifest and Transhipment (Fifth Amendment) Regulations, 2021

The Central Board of Indirect Taxes (CBIC) with effect from July 23, 2021 has notified the Sea Cargo Manifest and Transhipment (Fifth Amendment) Regulations, 2021. The CBIC has amended the Sea Cargo Manifest and Transhipment Regulations, 2018 in the following manner:

  • Substitution of Regulation 3(2): The Jurisdictional Commissioner of Customs may register the applicant for transacting business under these regulations, when satisfied with the information provided by the applicant in the Form-I of Sea Cargo Manifest and Transhipment Regulations, 2018.
  • Substitution of Reg 3(4): The registration shall be valid unless and until revoked in terms of the provisions under regulation 3A or regulation 11 but the registration of the authorised carrier shall be deemed invalid if the authorised carrier is found to be inactive for a period of one year.
  • Insertion of Regulation 3A, surrender of registration: An authorised carrier may surrender his registration issued under regulation 3 through a written request to the Jurisdictional Commissioner of Customs. The Jurisdictional Commissioner of Customs may revoke the registration, if, –

(a) the authorised carrier has paid all dues payable to the Central Government under the provisions of the Act, rules or regulations made thereunder; and
(b) no proceedings are pending against the authorised carrier.

  • Insertion after Regulation 3(5)- After the registration has been deemed invalid under sub regulation (4), an application can be made by the authorised carrier in Form IA and the Jurisdictional Commissioner of Customs may renew the registration from the date of expiration, if satisfied that the applicant is otherwise eligible for registration under this regulation within one month of the date of receipt of the application.
  • Substitution of Regulation 11(2), Grounds for suspension of operations of authorised carrier:

The Commissioner of Customs may suspend the operations of authorised carrier on any of the following grounds—

  1. Breach of any of the provisions of these regulations;
  2. Breach of any of the conditions of the bond executed by him under these regulations;
  3. any misconduct which renders him unfit to transact any business in the Customs Station;
  4. adjudicated as an insolvent;
  5. of unsound mind;
  6. convicted by a competent court for an offence involving moral turpitude or otherwise.
  • Substitution of Regulation 12(5):

A report of Inquiry shall be prepared and submitted upon conclusion of the inquiry by the Deputy Commissioner of Customs or Assistant Commissioner of Customs within a period of ninety days from the date of issue of a notice.

 


*Tanvi Singh, Editorial Assistant has reported this brief.

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