Chapter - 3, Promotional Measures Status Certificates nd Application for Grant of Status Certificate Maintenance of Accounts.

Status certificate may be refused or suspended or cancelled by RA concerned, if status holder or any agent or employee or authorized representative acting on his behalf:

1. Fails to discharge export obligation imposed;
2. Tampers with Authorisations;
3. Misrepresents or has been a party to any corrupt or fraudulent practice in obtaining any Authorisation;
4. Commits a breach of FT (D& R) Act, or Rules, Orders made there under and FTP; or
5. Fails to furnish information required by this Directorate.

SERVED FROM INDIA SCHEME (SFIS)

1. Policy for SFIS is given in Chapter 3 of FTP.
2. A single consolidated application for Duty Credit scrip shall be filed with jurisdictional RA in ANF 3B along with documents prescribed therein.
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7. Service provider shall within one month of completion of imports made or expiry of validity of Duty Credit scrip whichever is earlier, submit a statement of imports made under it to jurisdictional RA with a copy to jurisdictional Excise authorities (service tax cell) wherever applicable.
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Foreign exchange remittances other than those that are earned and for rendering of services would not be counted for entitlement. Thus, other sources of foreign exchange earnings such as equity or debt participation, donations, receipts of repayment of loans etc. and any other inflow of foreign exchange, unrelated to rendering of service, would be ineligible.

For calculation of entitlement, following shall not be taken into account.

1. Foreign Exchange remittances:
   1. related to Financial Services Sector
      1. Raising of all types of foreign currency Loans;
      2. Export proceeds realization of clients;
      3. Issuance of Foreign Equity through ADRs / GDRs or other similar instruments;
      4. Issuance of foreign currency Bonds;
      5. Sale of securities and other financial instruments;
      6. Other receivables not connected with services rendered by financial institutions; and
   2. earned through contract / regular employment abroad (e.g. labour remittances);
2. Payments for services received from EEFC Account;
3. Foreign exchange turnover by Healthcare Institutions like equity participation, donations etc. (However, remittances received on account of medical treatment, surgery, testing, consultancy and health care provided by the institution shall be eligible);
4. Foreign exchange turnover by Educational Institutions like equity participation, donations etc. (However remittances received on account of the course fees and consultancy provided by the institution shall be eligible);
5. Export turnover relating to services of units operating under SEZ / EOU / EHTP / STPI / BTP Schemes or supplies of services made to such units;
6. Clubbing of turnover of services rendered by SEZ / EOU / EHTP / STPI / BTP units with turnover of DTA Service Providers; and
7. Export of Goods.

An application for exports made during 2006-07 and exports made during 2007-08 shall be filed separately, with RA concerned in ANF 3D along with documents prescribed therein. An application shall contain no more than 50 shipping bills. For exporter with more than 50 shipping bills in one year, multiple applications can be filed and supplementary cut (Para 9.4 of HBP v1) shall not be applicable.

Shipments from EDI Ports and Non-EDI Ports cannot be clubbed in one application. Port of registration for EDI enabled ports shall be any one EDI port of exports, as per the choice of the applicant.

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.

Last date for filing application shall be 6 months from the date of realization. Eligibility of Focus Product (including High-Tech products) (as in Appendix 37D) shall be determined from date of export as per Para 9.12 of HBP v1. However, exports for which realizations have already been received till the date of this Public Notice, the last date of filing application shall be 30.7.2008.(This Para amended by DGFT Public Notice No 103 (RE2007)/2004-09 dated 17.1.2008.)

[Old-Last date for filing application shall be 6 months from the date of realization or date of export in case of advance payment. Date of export shall be determined as per Para 9.12 of HBP v1. However for application filed as per procedure prescribed now, last date shall be 30.7.2008, for exports from 1.4.2007 till 31.1.2008. ]

The above changes shall apply to FMS applications for exports made during 2006-07, for which the last date of filing is extended till 30th July 2008. The above shall not apply to applications already received, which can be finalised as per the procedure before this amendment.(This para replace by DGFT Public Notice No. 100(RE-2007)/2004-2009, Dated : 10-01-2008)

[Old-A single consolidated application for all exports through EDI enabled ports shall be filed with RA concerned in ANF 3D along with documents prescribed therein. Application shall be filed on a six monthly basis, i.e. April– September Period and October – March Period where realization has been made during period of application. In case of Advance Payment (and in cases where Para 3.23.3 of HBP v1 applies), date of exports shall be taken into account for inclusion in period of application.

Application for claiming Duty Credit scrip shall be submitted within a period of six months from last date of period of application (i.e. for April-September 2007 Period, last date shall be March 2008 and for October-March 2008 Period, last date shall be Sept. 2008).

As FMS has been launched for exports w.e.f 1.4.2006, applications for grant of benefits for exports w.e.f 1.4.2006 shall be considered as under:

1. In respect of application for April–September 2006 period, last date for filing application shall be 31st March 2008. This shall include only those shipments exported on or after 1.4.2006 but for which realization has been received till 30.09.2006.
2. In respect of application for October–March 2007 period, last date for filing application shall be 31st March
   2008. This shall include all shipments exported on or after 1.4.2006, but for which realization has been received till 31.3.2007.

Exporters can file only one supplementary claim each, in case some shipments have not been included in original claim for April– September and October–March periods. This shall attract supplementary cut on claim amount, after ensuring that shipment has not been included in earlier claim. In case supplementary claim is filed late, late cut shall also be imposed. This shall apply even to exports made w.e.f.  1.4.2006.

The above procedure shall be applicable only in respect of EDI enabled ports. However, in case of exports through non-EDI ports, separate application shall be filed consolidating all shipments for each port. Such application for non-EDI shipments shall not be treated as supplementary application even if periodicity (Apr-Sept or Oct- Mar periods) is repeated.( This para is added by  DGFT Public Notice No. 73(RE-2007)/2004-2009, Dated 24th October, 2007) ]