PARA 3.23.13

(i) In case the FOB value realized in free foreign exchange is lower as per BRC, when compared to the FOB value in free foreign exchange as declared on the Shipping Bill(s) on which the original duty credit scrip was issued, excess duty credit scrip so granted earlier shall be adjusted from any future claim(s) (of any Duty Credit Scrip, including DEPB), or by way of cash deposit (TR as proof of cash deposit in the Customs Head as indicated in Para 4.29). In case there is no pending claim and there is no cash deposit towards the amount immediately after the expiry of 12 months time period from the date of issuance of the Scrip, the RA shall initiate necessary action. If the Scrip holder does not pay the amount within 60 days of the expiry of aforesaid 12 months time period, the scrip holder shall be required to pay the said amount along with 15% interest per annum from the date of issuance of the Scrip(s) for the Duty Credit for which BRC or Documentary evidence (evidencing realisation of export proceeds as required under FTP or the Procedure laid thereunder) could not be produced. In case the Scrip holder surrenders the unutilized / partially unutilized Duty Credit Scrip, then unutilized / partially unutilized credit shall be deduced from the payable amount. [OLD- In case there is no pending claim and there is no cash deposit towards recovery within 18 months of the issuance of duty credit scrip, then beneficiary applicant shall be declared defaulter and action under FTDR act should be initiated immediately. ]

(In clause (i) last sentence has been substituted vide PN. No. 167/2008, DT. 30/03/2009)

(ii) In case the FOB value realized in free foreign exchange is higher as per BRC, when compared to the FOB value in free foreign exchange as declared on the Shipping Bill(s) on which the original duty credit scrip was issued, supplementary claim shall be filed within a period of six months from the date of realization.

(Above Para 3.23.13 has been added vide PN. NO. 151/2008, DT. 26/02/2009)