Cus Cir No.39/2002, Dt.02/07/2002

Debiting the element of SAD in DEPB Scrips - regarding

After announcement of 2002-2007 EXIM Policy, one of the Customs Notifications issued by Department of Revenue is notification No. 45/2002-Customs dated 22.4.2002 which has been issued to operationalise DEPB Scheme as contained in the new EXIM Policy. Whereas the earlier Customs Notification No. 34/97-Cus, dated 7.4.1997 issued under DEPB Scheme did not require debiting the element of SAD in the DEPB Scrip for availing SAD exemption, 45/2002 makes it mandatory to debit the element of SAD in the DEPB scrip for the purpose of availing SAD exemption or goods cleared against DEPB Scrips. Para 2.3 of DOR Circular No. 24/2002-Cus. dated 6.5.2002 also refers in this regard.

2. After 1.4.2002 DGFT Authorities have issued DEPB Scrips. Scrutiny of these scrips reveal that whereas some DEPB Scrips, where export had taken place prior to 1.4.2002 have been issued under 2002-2007 EXIM Policy, cases where exports have taken place on or after 1.4.2002, DEPB Scrips have been issued under 1997-2002 EXIM Policy. This has created confusion in the minds of customs field officers as well as trade as to which DEPB Scrip will be governed by which EXIM Policy and whether the element of SAD will be required to be debited in it.

3. In order to sortout this problem, the matter was discussed between officials of DOR and DGFT. The dividing line for issue of a DEPB Scrips under a particular policy is the “let export date” of the Shipping Bill. In all cases where “let export date” is prior to 1.4.2002, such exports under DEPB Scheme would be governed by 1997-02 EXIM Policy and Customs Notification No. 34/97-Cus. In respect of such DEPB Scrips, exemption from SAD would be available without the requirement of debiting the element of SAD in DEPB Scrips. Similarly in all cases where let export date is on or after 1.4.2002, such exports shall be governed by 2002-2007 EXIM Policy and customs notification No. 45/2002. Hence in respect of such scrips, SAD exemption would be available subject to debiting the DEPB Scrips for the element of SAD.

4. DGFT Authorities have also issued Public Notice No. 14/2002-07 dated 31.5.2002 to clarify the position.

5. Corresponding trade notice and standing orders for the information and guidance of trade and field officers may respectively be issued.

6. Receipt of this Circular may kindly be acknowledged.

Sd/-
(R.K. Talajia)
Senior Technical Officer (DBK)

F.No. 605/201/2001-DBK

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