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Government of India
Ministry of Commerce & Industry
Department of Commerce
Udyog Bhawan, New Delhi
Public Notice No. 58/2015-2020
Dated the 29th January, 2020
Subject: Withdrawal of MEIS for items in the Apparel and Made-ups sector
(Chapter 61, 62 and 63 of ITC HS 2017) from 07.03.2019, Amendment in the para
4.95 of the Handbook of Procedures, 2015-20 and revision of the ANF 4R for
Implementation of RoSCTL Scheme
In exercise of powers conferred under
paragraphs 1.03 and 3.13 (a) and (b) of the Foreign Trade Policy (2015-2020),
the Director General of Foreign Trade hereby makes the following amendments:
1. In the Appendix 3B, Table 2 of the Handbook of Procedures (HBP)
applicable for MEIS, following is inserted:
“No MEIS benefits shall be
available for items under chapter 61, 62 and 63 of ITC HS 2017 (apparel and
made-ups sectors) for exports made with effect from 07.03.2019”.
2. The revised paragraphs 4.95 and 4.96 of the HBP are as under:
4.95
Procedure to apply for the Scheme for Rebate of State and Central Levies and
Taxes (RoSCTI,) and Additional Ad hoc incentive under RoSCTI,
a. The para
4.01 (c) of the FTP is about the RoSCTI,. The Gazette notifications of the
Ministry of Textiles on the RoSCTI, scheme and the Additional ad-hoc incentive
under RoSCTL issued from time to time may be referred to.
b. An
application for claiming rebate under RoSCTL and Additional Ad hoc incentive,
shall be filed online, using digital signature, on DM. website at
http://dgft.gov.in with RA concerned in ANF4 R. The relevant shipping bills
shall be linked with the on-line application by the exporter/ applicant online.
There would be no requirement of linking e BRCs for applying for RoSCTL. A
maximum of 50 shipping bills would be allowed to be attached in one single
application by the exporter in the online module.
c. Separate online
applications for claims under RoSCTL for shipping bills with Let Export date in
the period 07.03.2019 to 31.12.2019 and with Let Export date on or after
01.01.2020 shall be made.
d. Facility of Split Scrips: Provisions of para
3.09 of the HBP shall apply mutatis mutandis.
e. The Jurisdictional RA
for application of the RoSCTI, would be as per the para 3.06 (b) of the HBP. The
applicants shall ensure that they arc applying only to the concerned
Jurisdictional RA, as per para 3.06 (b) of the Handbook of Procedures for
getting the scrip and shall submit a declaration to that effect while applying
for the scrip online.
However, the limitation imposed in para 3.06 (a)
regarding choosing a RA at the beginning of financial year and maintaining the
same RA for all applications in that Financial year shall not apply.
f.
Choice of Port of Registration for RoSCTL Scrips: While making an online
application
i. Shipments from EDI Ports and Non-EDI Ports cannot be
clubbed in one application.
ii. The applicant can chose the Port of
registration for EDI enabled ports from any one of the ports from where export
is made.
iii. In case of exports through non-EDI port, the port of
registration shall be the relevant non-EDI port of exports. Accordingly,
separate application shall be filed for each non-EDI port
g. For
applications in the period 07.03.2019 to 31.12.2019, the DGFT online system
shall electronically populate the entitlement per shipping bill including the
additional ad-hoc incentive and reduce/adjust MEIS wherever already granted.
h. After system based approval of the final entitlement, scrips will
be issued by RAs, in a paperless mode. however, RAs shall scrutinize 2% percent
of issued RoSCTL applications, under a Risk Management System (RMS), every week.
The RMS cases will be randomly generated by the DGFT system online.
i.
Registration of Scrips: Port of Registration of Scrips issued under RoSCTL would
be as follows:
i. Duty Credit Scrip (including splits) shall be issued
with a single port of registration which shall be any one of the EDI ports from
where export is made. In case of shipments from Non EDI ports, the Duty Credit
Scrip (including splits) under RoSCTL shall be issued with a single port of
registration which shall be the port of export.
ii. Duty credit
scrip needs to be registered at the port mentioned on the scrip. This is to be
done prior to allowing usage of duty credit. Once registered at EDI port, scrip
can be automatically used at any EDI port for import and at any manual port
under Telegraphic Release Advise (TRA) procedure.
iii. In case port of
registration is a manual port, TRA shall be required for imports at any other
port.
j. Validity period and Revalidation: Duty Credit Scrip shall be
valid for a period of 24 months from the date of issue and must be valid on the
date on which actual debit of duty is made. Revalidation of Duty Credit Scrip
shall not be permitted unless covered under paragraph 2.20(c) of FIBP.
k.
Last date of filing of application for Duty Credit Scrips: The applications for
shipping bills
a. For shipping bills with LEO date from 07.03.2019 to
31.12.2019, the last date for filing online claims will be 30.06.2020.
b.
For shipping bills with LEO date on or after 01.01.2020, the last date for
filing online applications will be within one year from the date of LEO.
After these deadlines, no application can be filed and the shipping bills would
be time barred. There is no provision of late cut under RoSCTL.
l.
Processing of Non EDI Shipping bills at RA: In case of Non EDI shipping bills
concerned RA shall verify the details entered by the exporter from the original
shipping bills before grant of scrip.
m. A duplicate scrip may be issued
under the RoSCTL, under the provisions of the para 2.24 of the Handbook of
Procedures 2015-20.
n. All exporters are eligible for making a claim
under the RoSCTL, except the entities/IEC which are in the Denied Entity List of
the DGFT.
4.96 Recovery Mechanism
a. The record of shipping bills
and other documents related to export, is required to be maintained by the
applicant for a period of 3 years from the date of issuance of scrip for post
issue scrutiny and recovery purposes. Licensing Authority may call such
documents in original at anytime within 3 years. In case the applicant fails to
submit the original documents on demand by Licensing Authority, the applicant
shall be liable to refund the rebate granted along with interest at the rate
prescribed under Section 28AA of Customs Act, 1962, from the date of issuance of
scrip.
b. Also, there can be instances, where based on the application of
the exporter, amount more than the eligible amount has been issued under RoSCTL,
while adjusting for MEIS or otherwise. In such cases, concerned RA will examine
the relevant scrip’s electronic records and in case, an excess claim/ excess
disbursal is noted by the RA, the applicant shall refund the excess claim with
interest as prescribed in paragraph 3.19 of FTP.
c. In case the applicant
fails to refund the excess claim as stipulated above or does not respond to any
communication by RA within 30 days of receipt of such communication, RA will
initiate action as per FT (D&R) Act, 1992 and Rules.
d. The rebate
allowed is subject to the receipt of sale proceeds within time allowed under the
Foreign Exchange Management Act, 1999 failing which such rebate shall be deemed
never to have been allowed. Action under the FT (D&R) Act,1992 may be taken by
the Regional Authorities for repayment of erroneous or excess paid RoSCTL.
Further, the exporter is required to return any over-payment of rebate issued
through the scrips arising from miscalculation. Where-ever recovery of such
excess paid is due, interest shall also be paid by exporter at the rate of
fifteen percent per annum calculated from the date of debit of the scrip till
the date of repayment. In case the exporter returns the un-utilized scrips, no
interest will be charged, however, penalty may be imposed under an Adjudication
order on the grounds of mis-declaration or fraudulent practice.
3. The
ANF 4 R is revised, and is at Annexure to this Public Notice.
4. The
following para is added in the chapter 3 of HBP:
“3.01 (1) The
excess/undue claims paid to the exporters under MEIS, for exports with Let
Export date between the period 07.03.2019 to 31.12.2019, relating to apparel and
made-ups (chapter 61, 62 and 63) will be suitably adjusted against RoSCTL and
recoveries made, wherever due.”
Effect of this Public Notice: Based on
notifications for Scheme for Rebate of State and Central Taxes and Levies
(RoSTCL) by the Ministry of Textiles procedure in paragraphs 4.95 and 4.96 has
been revised and Aayat Niryat Form (ANF 4R) has been revised. On account of
introduction of RoSCTL, MEIS for items of the apparel and made-ups sector
(chapter 61, 62 and 63) for exports made w.e.f. 07.03.2019 stands withdrawn.
(Issued from File no. 01/61/180/360/AM19/PC-3/Part – 2)
(Amit Yadav)
Director General of Foreign Trade
Ex-Officio Additional Secretary to the
Government of India
Email: [email protected]
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