Eximkey - India Export Import Policy 2004 2013 Exim Policy
ANF 8

For Claiming Duty Drawback on All Industry Rates/Fixation of Drawback Rates/Refund of Terminal Excise Duty.


(Please state ‘Not Applicable’ wherever the information is not applicable to you )

1. IEC Number
2. Applicant Details
i. Name
ii. Address
3. RCMC Details
i. RCMC Number
ii. Date of Issue
iii. Issuing Authority
iv. Valid upto
v. Products for which registered


4. Type of Exporter (please tick) ( ü )
i. Merchant Exporter 
ii. Manufacturer Exporter 
iii. Service Provider 
iv. Others (please specify) 
v. Merchant cum Manufacturer 


5 Excise Details
i. Excise Registration Number
ii. Issuing Authority
6 Excise Payment Details
i. Excise Duty Paid in the last FY (Rs)
ii. Excise Commissionerate
7 Details of products supplied
i. Description
ii. Technical Characteristics
iii. Net Weight of the product supplied per unit
iv. Serial No of All Industry Rate in Drawback Schedule
v. All Industry Drawback Rate in Drawback Schedule
vi. Central Excise Tariff Chapter / Heading under which classified
vii. Rate of Central excise Duty payable on product supplied
viii. Current FOR prices of product supplied
ix. Total Production value of the product supplied in the preceding three years


8 Mode of Supplies (please tick) (ü )
i. Under Central Excise Bond  
ii. After payment of duty under claim of rebate of Central Excise Duty 
iii. Otherwise 


9. i. Whether in respect of any of raw material/components the benefits under Rule 18 & 19 of Central Excise Rules, 2002 or any other Central Excise Rules is being availed of? Yes/No

ii If so the details thereof in respect of each input/raw material:

10. i. Whether in respect of any of raw material/components CENVAT benefits under Rule 3 of CENVAT credit Rule, 2004 of Central Excise Rules is being availed of? Yes/No

ii. If so the details thereof in respect of each input/raw material:

11. i. Whether any declaration has been filed in terms of Rule 57(g) (1) of Central Excise Rules for availing CENVAT benefits under Rule 3? Yes/No

ii. If so, details of inputs for which such benefit claimed

12. i. Whether any other benefit under any of the Customs and/or Central Excise Notification is being availed of in respect of the raw material, components and other inputs used in the product supplied? Yes/No

ii. if so, the details thereof

13. i. Whether in respect of the imported material benefits of Duty Exemption Scheme are being availed of? Yes/No

ii. If so, the Licence details may be furnished: iii. File Number of Advance Licence wherein Drawback claim declaration has been filed:

14. i. Whether in respect of the imported material, manufacture under Bond procedure in terms of Section 65 of Customs Act, 1962 is being followed? Yes/No

ii. If so, the details thereof

For Fixation of Duty Drawback rates


15. Please tick whichever is applicable (ü )
i. Under Rule 6 (1) (a) of Drawback Rules 
ii. Under Rule 7 (1) of Drawback Rules 


16. Drawback rate or amounts expected (enclose working sheet in support thereof):

17. In case the application is for fixing of Brand Rate under Rule 7(1) of Drawback Rules, is the rate indicated in Serial No. 7 less than four-fifth of the rate indicated in serial 16 above.

18. In case the application is for fixing of Brand Rate under Rule 6 of Drawback Rules, is the rate worked out as at serial 16 above more than 1% of FOR value, if so the percentage of Drawback rate expected to FOR value

19. Is the FOR value with regard to each item in the Supply Invoice less than the value of all imported materials used in the manufacturing of such goods?

20. If not, what is the percentage of value addition against each entry in the Supply Invoice.

21. Brief Process of Manufacture (enclose catalogue/literature etc. of the items of import)

For Refund of Terminal Excise Duty


22. i. Central Excise Tariff Chapter/Heading in which classified

ii. Rate of Central Excise Duty payable on the product supplied

23. Copies of invoices as per guidelines for Applicants.

(In above Sl. No. 23 has been replaced by PN. NO. 151/2008, DT. 26/02/2009)

[OLD- 23 Central excise attested invoices with corresponding ER-1/ER-3 showing amount of Terminal Excise Duty paid.]

(Sl. No. 23 has been substituted vide PN. NO. 28/2008, DT. 09/06/2008)

[OLD- 23. Central Excise attested / self certified invoices with corresponding ER-1/ER-3 showing amount of Terminal Excise Duty paid. ]

DECLARATION / UNDERTAKING


1. I/We hereby declare that the particulars and the statements made in this application are true and correct to the best of my / our knowledge and belief and nothing has been concealed or held there from. If found incorrect or false, it will render me / us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

2. I/We undertake to abide by the provisions of FT(D&R) Act, the Rules and Orders framed there under, the FTP, HBP v1, HBP v2 and the ITC(HS) Classification of Export & Import Items.

3. I / We hereby certify that none of the Proprietor/ Partner(s) / Director(s) / Karta / Trustee of the firm / company, as the case may be, is / are a Proprietor / Partner(s) / Director(s) / Karta / Trustee in any other firm / Company which has come to the adverse notice of DGFT.

4. I/We hereby certify that the Proprietor/Partner(s)/Director(s)/Karta/Trustee, as the case may be, of the firm/company is/are not associated as Proprietor/Partner(s)/Director(s)/Karta/Trustee in any other firm/company which is in the caution list of RBI.

5. I/ We hereby declare that I/we have perused the list of SCOMET items as contained in the Appendix 3 to the Schedule 2 of the ITC (HS) Classifications of Export-Import Items, 2004-09 and that the item(s) exported / proposed to be exported does not fall within this list and that I/ We agree to abide by the provisions of the Policy for export of SCOMET items contained in the Foreign Trade Policy, Schedule 2 of ITC (HS) and the HBP v1, irrespective of the scheme under which the item is exported / proposed to be exported (the underlined portion will be deleted in case an application for export license for SCOMET item is being filed).

6. I / We hereby declare that no export proceeds are outstanding beyond the prescribed period as laid down by RBI or such extended period for which RBI permission has been obtained.

7. I/we further declare that I/we shall immediately refund the amount of drawback obtained by us in excess of any amount/rate which may be re-determined by Government as a result of post verification.

8. I/we further declare that the goods supplied are not excisable/Goods are excisable but CENVAT/rebate facility is not available to the recipient of goods

9. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the FTP.

Signature of the Applicant
Name
Designation
Official Address
Telephone
Residential Address
Email Address
Place
Date


GUIDELINES FOR APPLICANTS


For Duty Drawback on All Industry Rates/Fixation of Drawback Rates/Refund of Terminal Excise Duty

1. Bank Receipt (in duplicate)/Demand Draft/EFT details evidencing payment of application fee in terms of Appendix 21A.

2. In case of Refund of Terminal Excise Duty/Duty Drawback

a. In case of EOU/STP/EHTP units, either ARE-3 or supply invoice duly certified by bond authorities.

[OLD- a. Supply invoices certified by Central excise. In case of 100% EOUs/STP/EHTP units, complete ARE-3/supply invoice certified by the bond officer is to be furnished.

a. Supply invoices certified by Project Authority or self certified or excise attested invoices. In case of 100% EOUs/STP/EHTP units, a complete ARE-3/ supply invoice certified by the bond officer is to be furnished. ]

b. Payment certificate issued by the Project Authority as per Appendix 22C. For supply to EOU units the certificate to be given regarding receipt of payment through normal banking channel in the form given in Appendix- 22B. However, in respect of supplies under paragraph 8.2 (d), (e), (f), (g) and (j), wherever eligible for refund of TED, if the applicant is not able to furnish payment certificate, he may alternatively furnish the copies of the excise invoices showing the receipt of the material by the Project Authority duly countersigned by the authorised person for this purpose as given in note (3) of Appendix–27, in lieu of payment certificate.

c. Photocopy of complete A.R.O./Back to Back LC

d. Photocopy of the purchase order/L.O.I/contract (self certified).

e. Invoices or a statement of invoices attested by Central Excise authorities, as per the procedure prescribed by CBEC in their circular 15/2008-Cus. dated 26.9.2008. To facilitate attestation by Central Excise Authorities, intimation regarding receipt of goods should be given to the said authorities within 48 hours of receipt of goods. Corresponding ER-1 / ER-3 or a monthly statement confirming duty payment, attested by excise authorities.

[OLD- e. Original input stage invoices with corresponding ER-1/ER-3 duly certified by Central excise authorities showing the Terminal excise duty paid.

e. Original input stage Invoices with corresponding ER-1/ER-3 duly certified by Excise authorities or self certified invoice showing the Terminal Excise Duty paid. ]

f. In respect of supplies under paragraph 8.2(d), (e) (f) (g) and (j), the applicant shall furnish a copy of the project authority certificate as given in Appendix-27.

3. Additional documents to be submitted wherever brand rate of duty drawback is being claimed:

a. DBK I duly certified by a Chartered Engineer in the format given in Appendix 35

b. DBK II, IIA, III & III-A, duly certified by a Chartered Accountant along with self certified non-availment of CENVAT credit

c. Photocopies of Bill of Entries along with relevant Import Invoices.

d. Invoices or a statement of invoices attested by central excise authorities, as per the procedure prescribed by CBEC in their circular 15/2008-Cus. dated 26.9.2008. To facilitate attestation by Central Excise Authorities, intimation regarding receipt of goods should be given to the said authorities within 48 hours of receipt of goods. Corresponding ER-1/ ER-3 or a monthly statement confirming duty payment, attested by excise authorities, in support of details shown in DBK-III and DBK-III (A) in the format given in Appendix 35.

[OLD- d. Original input invoices with corresponding ER-1/ER-3 duly certified by Central excise authorities showing payments of excise duty in support of the details shown in DBK-III and DBK-IIIA in the format given in Appendix 35.

d. Original input invoices with corresponding ER-1/ER-3 duly certified by Central excise authorities or self-certified invoices showing payments of excise duty in support of the details shown in DBK-III and DBK-IIIA in the format given in Appendix 35 ]

(Above Sl. No. 2(a), 2(e) & 3(d) has been substituted vide PN. NO. 151/2008, DT. 26/02/2009)

Note: In case of public sector undertaking, the DBK statements may be signed/ certified by the Head of Production and Head of Finance department.

(In above Guidelines sub paras 2a, 2e & 3d has been substituted vide PN. NO. 28/2008, DT. 09/06/2008)

Annexure I to ANF 8

Format of Certificate to be issued by Public Sector Oil Companies certifying TED paid by EOUs on purchase of HSD/FO from their depots

I ---(name of authorized signatory of PSU Oil Company) herby declare that we (name of the Company) have supplied HSD/FO to M/s----(Name of EOU) from our depot at----- as per details given below.

DescriptionInvoice No.Invoice DateQty.ValueTotal Duty paid (with break up of components)
      
      
      


Disclaimer Certificate:

We hereby certify that we are not claiming any deemed export benefits on the above supplies and we do not have any objection if -----(Name of EOU) claims deemed export benefits.

Authorised Signatory

(With full name and Designation)

(Above ANNEXURE I has been added vide PN. NO. 181/2008, DT. 26/05/2009)

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