The Central Board of Indirect Taxes and Customs (CBIC) on April 05, 2021 has issued the Customs (Verification of Identity and Compliance) Regulations, 2021.
The following regulations have been made:
• These regulations shall apply to the following class of persons who are newly engaging in import or export activity after the commencement of these regulations:
1. Importer
2. Exporter
3. Customs Broker
Provided that the Commissioner of Customs may select any person, who may have engaged in import or export activity or availed or claimed the benefits mentioned in sub-clause (a) to (f) of clause (i) of sub-section (3) of section 99B of the Act or engaged as a Customs Broker in such activity or in availing or claiming such benefits prior to the commencement of these regulations and these regulations shall apply to such person.
These regulations shall not apply to the Central Government, State Governments and Public Sector Undertakings.
The person selected shall be informed about such selection immediately through the Common Portal, to the extent available, and in other cases, through such means as deemed appropriate by the Commissioner of Customs.
• The person selected for verification as per regulation 3 shall furnish the following documents or information on the Common Portal within fifteen days of such intimation of selection:
1. document of incorporation, in case of persons other than individuals.
2. On furnishing of documents or information stipulated in sub-regulation (1), every individual, karta, managing director, whole time director, partners, member of managing committee of association, board of trustees, authorised representative, authorized signatory, shall, within the prescribed time limit, undergo on the Common Portal.
• Notwithstanding the verification of identity of persons in terms of regulation 4, the Commissioner of Customs, may, with a view to protecting the interest of revenue or preventing smuggling, cause verification of the compliance to the provisions of the Act or any other law for the time being in force, by such person and for this purpose require the person concerned to produce any document or information in the Customs Automated System.
• The proper officer shall undertake verification in accordance with regulations 4 and 5, and prepare a verification report on the Customs Automated Systems within thirty days of the submission of the documents and information.
• The benefits suspended under regulation 7 shall be restored when the person concerned complies with the requirements of regulation 4 or furnishes correct document or information sought thereunder.
• In case of failure of authentication as required under the sub-section (1) of section 99B, the Commissioner of Customs may, by order, under clause (ii) of sub-section 3 of section 99B of the Act, direct that such person shall not have the benefit of any of the items specified in sub-clause (a) to (f) of clause (i) of sub-section (3) of section 99B of the Act.
[Notification No. 41/2021- Customs (N.T.)]
