| Advance
Authorisation |
4.4 |
Where
SION have been published, an application in ANF
4A, along with documents prescribed therein, shall
be submitted to RA concerned.
|
| |
4.4.1 |
In case of export
of gold / silver / platinum jewellery and articles
thereof, quantity, wastage and value addition
norms shall be as prescribed in paragraph 4A of
FTP and HBP v1.
|
| |
4.4.2 |
In case where norms have not been published,
an application in ANF 4B, along with prescribed
documents, shall be furnished to concerned Norms
Committee (NC) at DGFT Headquarter for fixation
of Norms.
In such cases, original copy of application
along with prescribed fee shall be filed with
RA concerned and a self attested copy of same
shall be filed with NC. Authorisation in such
cases shall be issued by RA as NC recommends.
NC shall also function as a recommendatory
authority for SION. DGFT may notify such norms.
|
| |
4.4.3 |
Applications, where Acetic Anhydride, Ephedrine
and Pseudoephedrine is required as an input
for import, shall be filed with RA concerned.
Copies of such applications shall also be simultaneously
endorsed to the Drug Controller of India, Nirman
Bhawan, New Delhi, Narcotics Commissioner, Central
Bureau of Narcotics, Gwalior and respective
Zonal Director of Narcotics Control Bureau,
alongwith a declaration that applicant will
maintain prescribed records and also submit
prescribed returns.
|
| |
4.4.4 |
RA, while issuing
Advance Authorisation for import of Acetic Anhydride,
Ephedrine and Pseudo- ephedrine, shall endorse
a condition that before effecting imports, NOC
shall be obtained from Narcotics Commissioner
of India, Central Bureau of Narcotics, Gwalior
and shall also endorse a copy of Authorisation
to Drug Controller, Nirman Bhawan, New Delhi and
concerned Zonal Director of Narcotics Control
Bureau.
|
| |
4.4.5 |
Deleted
|
| Advance Authorisation
for applicants with multiple units |
4.5 |
Transfer of
any duty free material imported or procured against
Advance Authorisation from one unit of company
to another for manufacturing purpose shall be
done with prior intimation to jurisdictional Excise
Authorities with a clear understanding that no
benefit of CENVAT shall be claimed on such transferred
inputs. In case of non-excisable company / products,
units should maintain a proper record. However
to avail facility, all such units should be available
in IEC certificate and follow rules and regulation
of Central Excise for job work. Large Taxpayer
Units (LTUs) having multiple units, may not follow
above job work procedure, after fulfillment of
EO.
|
| Advance Authorisation
for Free of Cost and Paid Material |
4.6 |
For policy in
paragraph 4.1.8, a specific endorsement shall
be made on exchange control copy of Advance Authorisation
disallowing remittances for material being supplied
free of cost. All inputs imported shall be utilised
in manufacturing of product except wastage.
|
| Self Declared Authorisations
where SION does not exist |
4.7 |
RA may also issue Advance Authorisations, where
SIONs are not fixed, based on self declaration
and an undertaking by applicant for a final
adjustment as per Adhoc / SION fixed by NC.
However, no Advance Authorisation shall be
issued under this paragraph for import of following
products:-
i. All vegetable / edible oils classified
under Chapter - 15 and all types of oilseeds
classified under Chapter - 12 of ITC (HS) book;
ii. All types of cereals classified under
Chapter-10 of ITC (HS) book;
iii. All spices other than light black
pepper (light berries) having a duty of more
than 30%, classified under Chapter- 9 and 12
of ITC (HS) book;
iv. All types of fruits/vegetables having
a duty of more than 30%, classified under Chapter
7 and 8 of ITC (HS) book; and
v. Horn, hoof and any other organ of
animal.
For export of perfumes, perfumery compounds
and various feed ingredients containing vitamins,
no Authorisation shall be issued by RA and applicants
may apply under Para 4.4.2 above. Where export
and / or import of biotechnology items are involved,
Authorisation under this paragraph shall be
issued by RA only on submission of a "No
Objection Certificate" from Department
of Biotechnology.
|
| Entitlement |
4.7.1 |
CIF value of one or more such authorisations
shall be maximum 500% of FOB and / or FOR value
of preceding year exports and / or supplies
in case of status holders and Rs. 5 crore or
500% of the FOB and / or FOR value of preceding
year exports and / or supply, whichever is more,
for others.
However, in cases where NC has already ratified
norms for same export and import products in
respect of an Authorisation obtained under paragraph
4.7, such norms shall be valid for a period
of six months reckoned from date of ratification.
In such cases Authorisations shall be issued
by RA concerned under "Adhoc Norms Fixed"
category and application copies need not be
forwarded to NC for fixation / ratification
of norms.
Authorisation holder in such cases shall be
entitled for further authorisation(s) as per
norms ratified by NC without need for subsequent
ratification by NC. In such cases applicant
would file application under "Adhoc Norms
Fixed" category. However, NC should ensure
that such adhoc norm(s), if not notified already,
are notified within a period of one month after
six months of ratification of such adhoc norm(s).
|
| |
4.7.2 |
Once norms are fixed by NC, value limits mentioned
in above paragraph would not be applicable to
advance authorisations issued under this paragraph.
Such authorisations, subsequent to fixation
of norms by NC, may be enhanced.
It is mandatory for industry to provide production
data etc. as may be required by DGFT / EPC for
fixation of SION. Otherwise, applicant shall
not be allowed to take benefit of Advance Authorization
scheme for taking repeat advance authorizations
on self-declared basis.
|
| Authorisation in Excess
of Entitlement |
4.7.3 |
An applicant
shall be entitled for authorisation in excess
of entitlement mentioned in paragraph 4.7.1 subject
to furnishing of 100% Bank Guarantee to Customs
authority to cover exemption from customs duties.
A specific endorsement to this effect shall be
made on authorisation.
|
| Application |
4.7.4 |
Original application
with prescribed documents shall be submitted to
concerned RA. RA shall forward a copy of application
within 7 days from Authorisation issue date to
NC for fixation of norms within prescribed time.
|
| Undertaking |
4.7.5 |
Applicant shall give an undertaking that he
shall abide by norms fixed by NC and accordingly
pay duty, together with interest, on unutilised
inputs as per norms fixed by NC. However Authorisation
holder has option to undertake additional EO
in proportion to excess unutilized inputs. In
case application is rejected by NC, authorization
holder shall pay customs duty saved along with
interest on imported inputs, as notified.
In addition, an amount as per Para 4.28(i)(b)
below has to be deposited.
|
| |
4.7.6 |
In such cases, where norms are not finalised
by NC within four months from Authorisation
issue date, norms as applied for shall be treated
as final and no adjustment will be made. However,
where application for fixation of adhoc / SION
is rejected on account of non-furnishing of
required documents / information, Authorisation
holder shall be liable for penalty as stated
in above paragraph. In case SION for the said
product is notified, SION would be made applicable
for deciding wastage norm and EO.
In such cases, where export obligation is completed
pending fixation of norms by NC, entitlement
for authorisation as given in paragraph 4.7.1
may be re-credited upon production of documentary
evidence (copies of Shipping bill / bill of
export / Central Excise certified copies of
invoices) showing fulfillment of export obligation
in respect of previous authorisations. However,
bond waiver / redemption shall not be allowed
pending fixation of norms in such cases.
|
| Financial Powers |
4.8 |
Financial powers of RA and NC are
given in table below:
|
| Category
of Application |
On published norms and under paragraph 4.7
of HBP v1
|
| RA |
|
RA on recommendation of DGFT
Hqr (SION cases) / NC (adhoc Norms cases). |
| Petroleum / Petrochemical products &
Advance Authorisation for Annual Requirements |
Others |
Petroleum / Petrochemical products
& Advance Authorisation for Annual Requirements |
Others |
| CIF value of Authorisation |
Upto Rs. 500 crore |
Upto Rs. 100 crore |
Rs. 500 crore or above |
Rs. 100 crore or above
|
|
| Standardisation of
Adhoc Norms |
4.9 |
For standardization
of norms, an application may be made by manufacturer
exporter or merchant exporter tied to supporting
manufacturer, duly filled in with complete data.
Such applications shall be made to NC in ANF 4B.
Import of fuel may also be allowed under SION
by NC subject to following :
(a) Facility of import of fuel shall be allowed
only to manufacturer having captive power plant.
(b) In cases where SION specifically allows
fuel, same shall be permitted under advance Authorisation.
However, If fuel is not covered specifically under
SION, it may be allowed as per general fuel Policy
for products covered under SION or under paragraph
4.7 above.
(c) Fuel should be allowed only against
an actual user Authorisation. However in case
of DFIA, fuel can only be transferred to agencies
granted marketing rights by the Ministry of Petroleum
and Natural Gas.
(d) Deleted
(e) Applications of fixation for fuel entitlement
for new sectors and modification of the existing
entitlement as per General Note for Fuel in HBP
v2 would be made to NC along with requisite data
in ANF 4C pertaining to "Data Sheet for Fuel
Rate".
|
| Modification of SION |
4.10 |
An application
for modification of existing SION may be filed
before the NC by manufacturer exporter or merchant-exporter,
tied to supporting manufacturer, in form given
in ANF 4B.
|
| Amendment of Export
item and inputs |
4.10.1 |
An application
for amendment of an export item or inputs under
SION or under Adhoc Norms may be filed by any
manufacturer or merchant exporter as per ANF 4B.
Applicant would give justification
for seeking amendment and same would be considered
by Regional Office with specific approval of Head
of Office. In case of any major change in input
or request for more wastage to that allowed under
SION or adhoc norm, same should be referred to
NC for ratification.
|
| Revision of SION by
NC |
4.10.2 |
NC may identify
SIONs which in its opinion are required to be
reviewed. Exporters are required to submit revised
data in ANF 4B for such revision. It is mandatory
for industry / exporter(s) to provide production
and consumption data etc. as may be required by
DGFT / EPC for revision of SION. Otherwise, applicant
shall not be allowed to take benefit of Advance
Authorization scheme.
|
| Description of an
Advance Authorisation |
4.11 |
An Advance Authorisation
shall specify:
(a) names and description of items to be
imported and exported / supplied;
(b) quantity of each item to be imported or
wherever quantity cannot be indicated, value of
item shall be indicated. However, if in SION,
quantity and value of individual inputs is a limiting
factor, same shall be applicable.
(c) aggregate CIF value of imports; and
(d) FOB / FOR value and quantity of exports
/ supplies.
|
| Exports in Anticipation
of Authorisation |
4.12 |
Exports / supplies
made from date of EDI generated file number for
an Advance Authorisation, may be accepted towards
discharge of EO. Shipping / Supply document(s)
should be endorsed with File Number or Authorisation
Number to establish co-relation of exports / supplies
with Authorisation issued. If application is approved,
authorisation shall be issued based on input /
output norms in force on the date of receipt of
application by RA in proportion to provisional
exports / supplies already made till any amendment
in norms is notified. For remaining exports, Policy
/ Procedures in force on authorisation issue date
shall be applicable.
|
| |
4.12.1 |
Exports / supplies
made in anticipation of grant of an Advance Authorisation
shall be entirely on risk and responsibility of
exporter.
|
| |
4.12.2 |
Conversion of
duty free shipping bills to drawback shipping
bills may also be permitted by customs authorities
in case application for an Advance Authorisation
is rejected or modified by RA.
|
| Advance Authorisation
or DFIA for Intermediate Supplies |
4.13 |
Application for grant of Advance Authorisation
or DFIA for Intermediate supply may be made
on the basis of a tie-up agreement with exporter
(physical / deemed) holding an Advance Authorisation
or DFIA. RA concerned shall consider such requests.
Advance Authorisation or DFIA for Intermediate
supply shall be issued after making Authorisation
invalid for direct import of items to be supplied
by intermediate manufacturer. In such cases,
a copy of the invalidation letter will be given
to Authorisation holder and copy thereof will
be sent to intermediate supplier as well as
RA of intermediate supplier. Authorisation holder
in such case has an option either to supply
intermediate product to holder of Advance Authorisation
DFIA or to export (physical / deemed) directly.
However, once Electronic message transfer facility
among the RAs becomes fully operational, sending
copy of invalidation letter / ARO to jurisdictional
RA shall not be required.
Facility of Advance Authorisation shall be
available even in cases where intermediate supplier
has supplied or intend to supply material subsequent
to fulfilment of EO by exporter holding Advance
Authorisation / DFIA from where invalidation
letter was issued.
|
| Advance Release Order |
4.14 |
An application
may be made to RA concerned for grant of ARO to
procure inputs from indigenous sources / STEs.
|
| |
4.14.1 |
Application shall specify:
(i) name, description and quantity of items;
and
(ii) individual value of items to be procured.
An ARO may be issued along with Advance Authorisation
/ DFIA or subsequently, and its validity shall
be co-terminus with validity of Advance Authorisation
/ DFIA.
An ARO issued for procurement of an individual
item shall be automatically valid for procurement
from one or more indigenous sources.
|
| Back to Back Inland
Letter of Credit (L/C) |
4.15 |
Exporter may
alternatively avail facility of a back to back
inland letter of credit from banks. An Advance
Authorisation / DFIA holder may approach a bank
for opening an inland letter of credit (L/C) in
favour of an indigenous supplier.
|
| |
4.15.1 |
Before opening the L/C, bank will ensure that
necessary BG / LUT has been executed by Advance
Authorisation / Non Transferable DFIA holder
and an endorsement to that effect has been made
on the Authorisation.
However, execution of BG / LUT shall not be
required against transferable DFIA. After opening
inland L/C, bank shall make following endorsement
on Exchange Control and Customs copy of Advance
Authorisation/ DFIA;
Value of this Advance Authorisation / DFIA
stands reduced by a sum of Rs. ________ , being
value of inland L/C No.________ opened today
by authorisation holder in favour of M/s _______________
(name and address of indigenous supplier).
|
| |
4.15.2 |
Authorisation
shall be invalidated by bank for direct import
only in respect of full quantity and value of
item being sourced indigenously.
|
| |
4.15.3 |
Original Letter
of credit (L/C) may be retained by bank for negotiation
and only non-negotiable copy of L/C may be given
to indigenous supplier.
|
| |
4.15.4 |
Responsibility
of bank shall be confined to making endorsement.
Bank shall not be liable for any misrepresentation
or false statement made by authorisation holder
while requesting bank to make endorsement. Inland
L/C opened by bank in favour of indigenous supplier
shall not be cancelled for any reason whatsoever.
|
| |
4.15.5 |
Non negotiable
copy of inland L/C together with photocopy of
Advance Authorisation / DFIA duly carrying endorsements
made by bank shall be sufficient for indigenous
supplier to claim deemed export benefits. L/C
issued shall be entitled to benefits given in
paragraph 8.3 (b) and (c) of FTP.
|
| |
4.15.6 |
Where import
is permitted as an input under this scheme, gold
/ silver can be sourced through nominated agencies
as given in FTP (Chapter 4) for supply against
the Advance Authorisations/ DFIA issued. Before
supply of material, nominated agencies should
follow same procedure as given in paragraph 4.15.1
above.
|
| Facility of Supporting |
4.16 |
Imported material may be used in any unit of
holder of Advance Authorisation or Non Transferable
DFIA or jobber / supporting manufacturer provided
same is endorsed on authorisation by RA. If
applicant desires to have name of any manufacturer
or jobber added to authorisation, he may apply.
Such endorsement shall be mandatory where prior
import before export is a condition for availing
Advance Authorisation / DFIA scheme and authorisation
holder desires to have material processed through
any other manufacturer or jobber.
Upon such endorsement made by RA, authorisation
holder and co- authorisation holder shall jointly
and severally be liable for completion of EO.
Any one of co-authorisation holders may import
goods in his name or in joint names. BG/LUT
shall also be furnished in their joint names.
However if authorisation holder is registered
with Central Excise, he has an option of getting
names of jobber endorsed by Central Excise as
per Central Excise Rules in lieu of RA's endorsement.
In case manufacturer exporter holding authorisation
is not registered / not required to be registered
with Central Excise authority, job work may
be allowed as per Central Excise Rules and regulations
without insisting for endorsement of supporting
manufacturer's name. However, authorisation
holder shall be solely responsible for imported
items and fulfillment of EO.
In case BG / LUT has been redeemed, advance
authorization holder can get duty free inputs
processed from any manufacturer under Actual
User condition as per job work regulations prescribed
under Central Excise Rules. However such restriction
shall not be applicable in case of transferable
DFIA holder.
|
| Facility Of Co-Licensee |
4.17 |
Deleted. |
| Acceptance of BG /
LUT |
4.18 |
At the time
of issue of authorisation, acceptance of undertaking
given by applicant to RA concerned in relevant
ANF will be endorsed on the reverse of Advance
Authorisation. Authorisation holder shall execute
Bank Guarantee / Legal Undertaking, as the case
may be, in terms of para 2.20 of HBP v1.
|
| Port of Registration |
4.19 |
Advance Authorisation shall be issued for purpose
of import and export through one of sea ports
or airports or ICDs or LCS specified below.
Authorisation holder shall register authorisation
at the port specified in authorisation and thereafter
all imports against said authorisation shall
be made only through that port, unless the authorisation
holder obtains permission from customs authority
concerned to import through any other specified
port. However, exports may be made through any
of the specified ports.
Sea Ports : Mumbai, Kolkata, Cochin,
Kakinada, Kandla, Mangalore, Marmagoa, Chennai,
Nhavasheva, Paradeep, Pipavav, Sikka, Tuticorin
Vishakhapatnam, Dahej, Nagapattinam, Okha, Mundhra
, Surat (Magdalla), Jamnagar, Nhava Sheva, Bedi
(including Rozi-Jamnagar), Muldwarka, Porbander,
Dharamtar and Vadinar.
Air-ports : Ahmedabad, Bangalore, Bhubaneshwar
Mumbai, Kolkata Coimbatore Air Cargo Complex,
Cochin, Delhi, Hyderabad, Jaipur, Srinagar,
Trivandrum, Varanasi, Nagpur, Chennai, Raja
Sansi (Amritsar) and Lucknow (Amausi).
ICDs : Agra, Bangalore, Coimbatore, Delhi,
Faridabad, Gauhati (Amingaon), Guntur, Hyderabad,
Jaipur, Jallandhar, Kanpur, Ludhiana, Moradabad,
Nagpur, Pimpri (Pune), Pitampur (Indore), Surat,
Tirupur, Varanasi, Nasik, Rudrapur(Nainital),
Dighi (Pune), Vadodara, Daulatabad, (Wanjarwadi
and
Maliwada), Waluj (Aurangabad), Anaparthy, Salem
Mallanpur, Singanalur, Jodhpur, Kota, Udaipur,
Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry,
Garhi Harsaru Bhatinda, Dappar, Chheharata (Amritsar),
Karur, Miraj, Rewari, Bhusawal, Jamshedpur,
Surajpur and Dadri, Tuticorin, Bhadoi, Raipur,
Mandideep (Distt. Raisen), Durgapur (Export
Promotion Industrial Park) and Babarpur.
LCS : Ranaghat , Singhabad , Raxaul,
Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur,
Hilly, Chengrabanda, Dawki, Atari, Nepalganj
Road, Agartala, Sutrakhandi, Amritsar Rail Cargo
and Atari Road.
SEZ : As notified by Central Government
any SEZ can be a specified port for import and
export.
|
| |
4.19.1 |
Commissioner
of Customs may permit imports and exports from
any other seaport / airport / ICD or LCS .
|
| |
4.19.2 |
In such cases,
where authorisation has not been registered at
specified port (in Authorisation) and no import
has taken place, request for change in Port of
Registration may be considered by RA provided
the Authorisation has not been redeemed.
|
| |
4.19.3 |
For imports
from Airport / Seaport / ICD / LCS other than
port of registration, a TRA shall also be issued
by the customs authority at the port of registration
to customs authority at port of import.
|
| Facility of Clubbing |
4.20 |
Facility of
clubbing shall be available only for redemption
/ regularisation of cases and no further import
or export shall be allowed. For this facility,
authorisations are required to have been issued
under similar Customs notification even pertaining
to different financial years. However in case
of Authorisations issued in 2004-09 period, Advance
Authorisations with different customs notification
can be clubbed.
|
| |
4.20.1 |
RA, under whose
jurisdiction authorisation is issued or NC in
other cases, shall consider a request in ANF 4D
for clubbing all imports and exports of more than
one Advance Authorisation provided imported inputs
are properly accounted for as per norms. Value
addition of the authorisations so clubbed shall
be average of minimum value addition prescribed
in FTP and Procedure laid thereunder, imposed
on individual authorisations. Upon clubbing, authorisations
shall, for all purposes, be deemed to be one Authorisation
and thereafter shortfall, if any, shall be regularized
in terms of para 4.28 of HBP v1.
|
| |
4.20.2 |
Accountability
of imports and exports shall be restricted in
relation to individual categories of Advance Authorisations
including Advance Authorisation for annual requirements.
|
| |
4.20.3 |
Facility is
available only for Advance Authorisation(s) where
there is shortfall in fulfillment of EO, and which
is sought to be clubbed with an advance Authorisation(s)
which is valid for imports. For expired Authorisation(s)
with EO shortfall and which is sought to be clubbed
with an advance Authorisation(s) which is valid
for imports, applicant shall pay composition fee
for EO period extension as per paragraph 4.22
below.
|
| |
4.20.4 |
Wherever exports
are effected beyond EO extension period (allowed
vide paragraph 4.22 below) of earlier authorisation,
no clubbing shall be permitted.
|
| |
4.20.5 |
Notwithstanding
provisions of para 4.20.3 and 4.20.4 above, Clubbing
of all expired Authorisations may also be permitted
provided all expired Authorisations have been
issued during Exim Policy period 1992-1997 &
1997-2002 i.e., 1st April 1992 to 31st March,
2002. However clubbing of erstwhile Value Based
Advance licences shall not be allowed.
|
| Enhancement / Reduction
in the Value of Authorisation |
4.21 |
In respect of an Advance Authorisation, RA
concerned (as per their financial powers) may
consider a request for:
(a) enhancement / reduction in CIF value
of advance authorisation;
(b) enhancement / reduction in CIF value,
quantity of inputs, FOB value and quantity of
exports of an advance authorisation;
provided VA after such enhancement does not
fall below minimum VA stipulated in FTP and
HBP v1 laid thereunder and there is no change
in input-output norms and FTP under which advance
authorisation was issued.
|
| |
4.21.1 |
Deleted.
|
| |
4.21.2 |
Request for
prorata enhancement in value and quantity may
be made either before or after exports. In such
cases where there is a change in SION prior to
export of said product, pro-rata enhancement shall
be given after calculating entitlement on revised
SION.
|
| |
4.21.3 |
The application
for the enhancement / reduction in the value of
Authorisation shall be made in ANF 4E.
|
| Application fee for
enhancement |
4.21.4 |
Application
fee leviable for enhancement would be on the difference
in CIF values of original and final Authorisation.
However, no application fee would be charged if
value of Authorisation is being reduced or applicant
has paid maximum fee of Rs 150,000 (for manual
applications) and Rs 75,000 (for digitally signed
applications) respectively in original application
for Advance Authorisation.
|
| Export Obligation
(EO) Period and its Extension |
4.22 |
Fulfillment Period of EO under an Advance Authorisation
shall commence from Authorisation issue date.
EO shall be fulfilled within 24 months except
in case of supplies to projects / turnkey projects
in India / abroad under deemed exports category
where EO must be fulfilled during contracted
duration. In case of Spices {(covered by chapter
9 of ITC (HS)}, EO shall be fulfilled within
90 days from the date on which first import
consignment is cleared by Customs Authorities.
However, in case of import of spices for VA
purpose like crushing / grounding / sterlisation
or for manufacture of oils and oleoresins and
not for simple cleaning, grading, re-packing
etc., EO shall be fulfilled within 120 days.
EO Period for import of drugs (with a specific
export order and pre-import condition) and for
import of tea shall be 6 months.
|
| |
4.22.1 |
Request for extension in EOP may be made in
ANF 4E. RA shall grant one extension for six
months from expiry date with payment of composition
fee of 2% of duty saved on all unutilized imported
items as per Authorisation.
Request for a further extension of six months
may be considered by RA with payment of composition
fee of 5% of duty based on all unutilized imported
items as per Authorisation.
Facility of extension of EOP shall not be allowed
in case of advance authorisation wherein import
of penicillin and its salts (ITC (HS) Code No.
29411010) and 6 - APA (ITC (HS) Code No. 29411
050) have been allowed as an input and also
for import of spices and tea. RA shall make
an endorsement in advance authorisation to this
effect.
Such extensions would not be permitted in erstwhile
Value Based Advance Authorisations (VABALs).
Additionally, no extension in EO would be allowed
in respect of Authorisations where misrepresentation
/ fraud has come to notice of RA. Further, in
respect of Authorisations where adjudication
orders have already been passed, no extension
in EOP shall be admissible.
|
| |
4.22.2 |
Customs may
allow provisional clearance of export consignment
as and when Authorisation holder produces documentary
evidence of having applied for EO extension to
concerned RA.
|
| Revalidation of Authorisation |
4.23 |
RA may consider
a request of original Authorisation holder and
grant one revalidation for six months from expiry
date. Request(s) for revalidation of Authorisation
shall be made in ANF 4I.
|
| Monitoring of Obligation |
4.24 |
RA, with whom undertaking is executed by Advance
Authorisation holder, shall maintain a proper
record in a master register indicating starting
and closing dates of obligation period and other
particulars to monitor EO.
Within two months from date of expiry of period
of obligation, Authorisation holder shall submit
requisite evidence in discharge of export obligation
in accordance with paragraph 4.25 below.
However, in respect of shipments where six
months period (one year in case of status certificate
holder) for realisation of foreign exchange
has not become due, RA shall not take action
for non submission of bank certificate of exports
and realisation provided other document substantiating
fulfillment of EO have been furnished.
|
| |
4.24.1 |
In case Authorisation
holder fails to complete EO or fails to submit
relevant information / documents, RA shall take
action by refusing further Authorisations, enforce
condition of Authorisation and Undertaking and
also initiate penal action as per law.
|
| Advance Authorisation
for Annual Requirement |
4.24A |
(a) Exporters
eligible for such Authorisations shall file an
application in ANF 4A to RA concerned. All provisions
as to Advance Authorisation given above would
apply except the following:
(i) RA while issuing Authorisation
shall mention technical characteristics quality
and specifications in respect of such inputs:-
Alloy steel including stainless steel, copper
alloy, synthetic rubber, bearings, solvents, perfumes/
essential oils / aromatics chemicals, surfactants,
relevant fabrics and marble.
(ii) Authorisation holder shall have flexibility
to export any product falling under export product
group using duty exempted material.
(iii) Within eligible entitlement, an exporter
may apply for one or more than one authorisations
in a licensing year, subject to condition that
against one port of registration only one authorisation
can be issued for same product group. One time
enhancement / reduction of the authorisation shall
be available in terms of paragraph 4.21 above.
(iv) On completion of EO against one or
more authorisations, all issued in same licensing
year, entitlement of an exporter for that licensing
year shall be deemed to be revived by an amount
equivalent to EO completed against authorisation(s).
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(b) to (g) Deleted.
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4.24B |
Deleted.
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| Fulfillment Of Export
Obligation |
4.25 |
Authorisation holder shall furnish
prescribed documents in ANF 4F in support of fulfillment
of EO.
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A (i) to Deleted.
(iv) |
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B (i) to Deleted.
(iv)
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| Redemption / No Bond
Certificate |
4.26 |
In case EO has been fulfilled, RA shall redeem
the case. After redemption, RA shall forward
a copy of redemption letter indicating shipping
bill number(s), date(s), FOB value in Indian
rupees as per shipping bill(s) and description
of export product in respect of shipment which
were taken into account for the purpose of fulfillment
of EO to Customs authority at port of registration.
Such details shall also be placed by the Zonal
Offices in their website immediately after issuance
of export obligation discharg e/redemption letter
/ No Bond Certificate (in case of "No BG
/ LUT" facility) and by DGFT Hqr in DGFT
website on monthly basis for customs authority
to access it from website.
Cancellation / redemption of BG / LUT would
be undertaken by Customs within 30 days of issue
of Export Obligation Discharge Certificate (EODC)
/ bond waiver by RA. Ordinarily, redemption
of BG / LUT shall not preclude customs authority
from conducting random checks and from taking
action against Authorisation holder for any
misrepresentation, misdeclaration and default
detected subsequently.
Further RA shall also take action against authorisation
holder in case of non-submission of Appendix
23, duly filled in, as stipulated in Paragraph
4.30 below or for any misrepresentation, misdeclaration
and default detected subsequently in details
declared and furnished in Appendix 23. An endorsement
to this effect shall be made by RA in the redemption
certificate.
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| Transitional Arrangement
for Authorisations issued upto 31.8.2004 |
4.27 |
Advance Licences including Advance Licences
for Annual Requirement issued upto 31.8.2004
shall be governed by provisions contained in
Chapter-7 of HBP v1 (RE-2001) and Chapter 4
of HBP v1 (2002-2007) as Notified on 31.3.2002
respectively as amended from time to time, excepting
provisions relating to clubbing and extension
in E.O. period which shall be governed by provisions
of paragraphs 4.20 and 4.22.1 respectively above
and any other provision, as notified by DGFT.
However, wherever Customs duty is to be paid
on unutilised material, same shall be paid alongwith
interest thereon as notified.
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| Regularisation of
Bonafide Default. |
4.28 |
Cases of bonafide default in fulfillment of
EO may be regularised by RA as under:
(i) If EO is fulfilled in terms of value, but
there is a shortfall in terms of quantity, the
Authorisation holder shall, for regularisation,
pay:-
a) to customs authority, customs duty
on unutilised value of imported material alongwith
interest as notified; and
b) an amount equivalent to 3% of the
CIF value of unutilised imported material through
a TR in authorised branch of Central Bank of
India indicating the "Head Account: 1453,
Foreign Trade and Export Promotion and Minor
Head 102". Authorisation holder shall also
be required to obtain a separate authorisation
for regularisation of excess imported input.
However, provisions of this sub paragraph shall
not be applicable if unutilised imported material
was freely importable on date of import.
(ii) If the EO is fulfilled in quantity but
there is shortfall in value, no penalty shall
be imposed if Authorisation holder has achieved
minimum value addition prescribed. However,
if value addition falls below the minimum value
addition prescribed Authorisation holder shall
be required to deposit an amount equal to 1%
of shortfall in FOB value in Indian Rupee through
TR in authorised branch of Central Bank of India
as above or through EFT mode. Value wise shortfall
shall be calculated with reference to actual
quantity of exports and FOB value of realisation
with reference to prorata quantity of imports
and CIF value. For example, if export performance
is only 50% quantitywise but import has been
for complete CIF value permitted, then value
addition would be calculated on a prorata basis,
i.e with reference to 50% of CIF value of imports.
This would accordingly imply that where Authorisation
holder is unable to export, no penalty on valuewise
shortfall shall be imposed.
(iii) If EO is not fulfilled both in terms
of quantity and value, the Authorisation holder
shall, for the regularisation, pay as per (i)
and (ii) above.
(iv) In case an exporter is unable to complete
EO undertaken in full and he has not made any
import under Authorisation, Authorisation holder
will also have an option to get the Authorisation
canceled and apply for drawback after obtaining
permission from Customs authorities for conversion
of shipping bills to Drawback Shipping Bills.
(v) RA shall compare relevant portion of Appendix
23 duly verified and certified by Chartered
Accountant with that of norms allowed in Authorisation(s)
and actual quantity imported against Authorisation(s)
in the beginning of licensing year for all such
Authorisations redeemed in preceding licensing
year. In this verification process, in case
it if found that Authorisation holder has consumed
lesser quantity of inputs than imported, authorisation
holder shall be liable to pay customs duty on
unutilized value of imported material alongwith
interest thereon as notified or effect additional
export within the EO period.
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| Time Period For Depositing
Fines, Customs Duty, etc. |
4.29 |
Customs duty with interest to be recovered
from Authorisation holder on account of regularisation
or enforcement of BG / LUT, shall be deposited
by Authorisation holder in relevant Head of
Account of Customs Revenue i.e., "Major
Head 0037 - Customs and minor head 001- Import
Duties" in prescribed T.R. Challan within
30 days of demand raised by regional / customs
authority and documentary evidence shall be
produced to this effect to RA / customs authority
immediately.
On receipt of such documentary evidence from
Authorisation holder, RA shall intimate details
of recovery / deposits made to Customs Authority
at port of registration under intimation to
Joint Secretary (Drawback), Department of Revenue,
Ministry of Finance, Jeevan Deep Building, New
Delhi. Payment of amount of duty, interest and
any dues for regularisation shall, however,
be without prejudice to any other action that
may be taken by Customs Authorities at any stage
under Customs Act, 1962.
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| Maintenance of Proper
Accounts. |
4.30 |
Every Advance
Authorisation holder shall maintain a true and
proper account of consumption and utilisation
of duty free imported / domestically procured
goods against each authorisation as prescribed
in Appendix 23. These records are required to
be sent to the concerned RA at the beginning of
each licensing year for all those authorisations,
which have been redeemed in previous licencing
year. However, these records in said format are
required to be submitted for authorisations issued
on or after 13-05-2005. Such records should be
preserved for a period of at least three years
from date of redemption.
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