Eximkey - India Export Import Policy 2004 2013 Exim Policy

10.15 The procedure for claiming benefits under paragraph 10.3 (b) and (c) of the Policy shall be as under:

(i) An application in the form given in Appendix-17, alongwith the documents prescribed therein, shall be made to the Regional Licensing Authority concerned.

(ii) The claim shall be filed against payment certificate received on monthly basis/quarterly basis/half yearly basis, except for supplies under paragraph 10.2 (d) (e) (f) and (g) where it shall be filed either on the basis of payment certificate or on the basis of proof of supplies effected. . However, in respect of supplies effected prior to 1.4.99, the supplier shall have the option to file claim either on the basis of the payment certificate received or on the basis of supplies effected.

(Above para has been amended vide Public Noices:16(RE-00)/1997-2002 dt 30-6-2000 2nd sentence of para 10.15(ii)has been deleted)

(ii) (A) "In case of supplies under paragraph 10.2(d),(e),(f) and (g), the indigenous supplier shall produce documentary evidence substantiating the relisation of proceeds from the recipient through the normal banking channel or should receive the payment through an account payee cheque."

(This paragraph has been added vide PN.No.No.39(RE-00)/1997-2002 dated 1/11/2000)

(iii) The application shall be filed within a period of six months from the end of the monthly /quarterly /half yearly period, as per the option of the applicant. Such claims may also be filed even where part payment certificates have been received.

(iv) Where no All Industry Rate of Drawback is available or the same is less than 4/5th of duties actually paid on the materials or components used in the production or manufacture of the said goods, the exporter/supplier may apply to the DGFT (Hqr.)for fixation of brand rate in the form given in Appendix-17. In such cases, for each claim filed with concerned licensing authority, a corresponding application for fixation of brand rate shall be filed with DGFT (Hqr.) indicating the RLA file/correspondence no., if any to facilitate cross referencing.

The time limit, frequency, etc.for filing applications for fixation of brand rate of duty drawback shall be the same as for filing the claims indicated in sub paras (ii) & (iii) above. The provision of late cut as given in paragraph 15.16 shall also be applicable under this sub-paragraph.

(This paragraph has been amended vide PN No.50/(RE-00)/1997-2002 dated 01/01/2001

(v) Subject to the procedure laid down in this Handbook, the Customs and Central Excise Duty Drawback Rules, 1995 shall apply mutatis-mutandis to deemed exports.

(vi) Regional Licensing Authorities may consider provisional payment to the extent of 75% of the Drawback claim in the case of private companies and 90% in the case of Public Sector Undertakings, pending fixation of Brand Rate.

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