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Change In Name and Constitution
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9.1 |
An IEC holder must get the change in name / address constitution
incorporated within 90 days of such change.
Provided, however, RA issuing IE Code may, condone delay on payment of penalty of Rs. 1000/-.
Change in constitution, aforesaid, does not include change in directors
of Public Limited Company. |
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Denomination of Import Authorisation / Licence
Certificate / Permissions |
9.2 |
CIF value of Authorisation / FOB value of export obligation shall be
indicated both in Rupees and in freely convertible
currency(s) at the exchange rate(s) prevailing on Authorisation issue
date. |
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9.2.1 |
Remittance of foreign exchange and discharge of export obligation against
Authorisation shall be regulated in freely convertible currency. |
| 9.2.1.1 |
No enhancement in Rupee value shall be necessary if remittance of
foreign exchange is covered by CIF value of Authorisation shown in freely
convertible currency. |
| 9.2.2 |
However, on Advance Authorisation(s), issued for exports to ACU
countries, export obligation shall be denominated and discharged in ACU dollars. |
| 9.2.3 |
Export obligation in Advance Authorisation for intermediate supply
and for deemed export, where supplies are to be made within the country,
shall be denominated and discharged in Indian rupees. |
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Applications Received After Expiry of Prescribed Date of Receipt |
9.3 |
Wherever any application is received after expiry of
last date for submission of such application, the application
may be considered after imposing a late cut in the following
manner:
| 1 |
Application received after the expiry of last date but within six months
from the last date |
2% |
| 2 |
Application received after six months from the prescribed date of submission
but not later than one year from the prescribed date |
5% |
| 3 |
Application received after twelve months from the prescribed date of
submission but not later than two years from the prescribed date
|
10% |
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| Supplementary Claims
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9.4 |
Wherever any application for supplementary claim is received, within
specified time limits, such application may also be
considered after imposing a cut @2% on the entitlement. |
| Furnishing of Information
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9.5 |
Every importer/ exporter shall furnish such information as may be
called for by DGFT or any officer duly authorised. |
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Clarifications On Policy / Procedures |
9.6 |
A request seeking clarifications on any provision of FTP or HBP,
importability or exportability of items under ITC(HS),
may be made to DGFT in the form in Appendix-28. Clarification may also
be sought on E-mail. |
|
Consumption Register |
9.7 |
Importer shall maintain a register as in Appendix-23 (for 3 years
period) of items imported under an Authorisation and
separately for items imported with actual user condition and its
consumption. In respect of particular schemes such register shall be
maintained for specified period. |
| Export
Facilitation |
9.8 |
In order to resolve exporters’ problems in a co-ordinated manner,
field offices of DGFT shall act as Export Facilitation
Centres and nodal agencies. In addition, Nodal Officers have also been
nominated in other Ministries/ Departments and a list of such officers
nominated to assist exporters is given in Appendix-17. |
| Standing Grievance
Committee
|
9.9 |
Detail of the Grievance Redressal Mechanism is given in para 2.49 of
FTP.
For speedy redressal of genuine grievances of trade and industry
pertaining to FTP and Procedure, Grievance
Committees have been constituted chaired by (i) DGFT at Headquarters and
(ii) head(s) of RA(s) in regional offices.
Grievance Committee will include representatives of Federation of Indian
Export Organisations (FIEO), Export Promotion Councils/ Commodity
Boards, Development Authorities, and Government Departments/ technical
authorities as their members. |
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9.9.1 |
Chairman of the respective Grievance Committee(s) may also co-opt
any other member. Meetings of such Committees shall be held on a monthly
basis. |
| 9.9.2 |
Every exporter/importer shall have a right to seek and have an
opportunity to make a representation (in writing) to and be personally
heard, if he so desires, by Grievance Committee. |
| 9.9.3
|
A representation to Grievance Committee may be made in as in Appendix-26. |
| Counter
Assistance |
9.10 |
For speedy disposal of applications, “Counter Assistance” will
function in all offices of DGFT. An FTDO shall be in charge of counter
in each office. On submission of application at the counter, applicant
will be handed over a token and would be advised on same day whether his
application is complete and admitted for further processing by the
office or whether there is any deficiency that needs to be rectified. |
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9.10.1 |
Counter Assistant will send application to concerned section on day
of receipt for necessary scrutiny. If there are any
deficiencies, these will be noted by concerned section and returned to
counter on the same day. In case of complete
applications, applicant will be given a formal receipt indicating file
number for further reference. Deficient applications will be returned to
applicant for complying with all deficiencies.
Complete applications shall be processed by concerned section within the
time frame as given under paragraph 9.11.
The application for refund of Duty Drawback and Terminal Excise Duty
under deemed export scheme would be received at the counter, scrutinized
and deficiency, if any, would be pointed out at the counter itself and
such application would be returned. Applicant will have to rectify this
deficiency and a complete application would be accepted.
Communication of any deficiency noted subsequently should be undertaken
only with approval of head of office who shall be responsible for
effective functioning of Counter Assistance. |
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9.10.2 |
Counter Assistance may also be availed of for amendments of minor
nature/enquiries. Applications, in such cases, will be
received in regional offices at counter against a proper receipt.
Authorisation/licence/list/enquiry, shall be returned after carrying out
necessary amendments/ giving necessary reply as far as possible on the
same day, across the Counter. |
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Time Bound disposal of Application
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9.11 |
RA shall dispose off applications expeditiously.
Following time schedule shall normally be followed to dispose of applications
provided it is complete in all respects and is accompanied by prescribed documents.
| S.No. |
Category of Application
|
Time Limit For Disposal (in working days) |
| a) |
IEC Number |
2 |
| b) |
Advance Authorisation where Output norms are notified or
under paragraph 4.7, Advance Authorisation for Annual
Requirement and DFIA |
3 |
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Advance Authorisation where Input output norms are notified
but where cases are to be approved by commerce & industry
Minister |
15 |
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Advance Authorisations where Input Output Norms are
not notified |
45 |
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Fixation of input output norms |
90 |
| c) |
DEPB |
3
|
| d) |
(i) EPCG Authorisations on self
declaration basis
(ii) EPCG Authorisations for fixation 45 of nexus (other
than those covered in (i) above |
3
45 |
| e) |
All Authorisations under Gem & Jewellery scheme. |
3 |
| f) |
Revalidation of Authorisation and extension
of export obligation period by R.A. |
3 |
| g) |
Acceptance of BG/LUT
Redemption of BG/LUT for Advance Authorisations and DFIA.
Redemption of BG/LUT for EPCG Authorisations. |
3
15
30 |
| h) |
Issuance/renewal of status certificate |
3 |
| i) |
Amendment of any category of Authorisation |
3 |
| j) |
Fixation of deemed exports Drawback rate |
45 |
| k) |
Miscellaneous |
10 |
| l) |
All applications filed through EDI mode |
1 |
| m) |
Refund of DBK/ TED under deemed export |
30 days from the date of receipt of complete application |
Cases of undue delay in disposal of applications may be brought to
notice of head of regional offices by way of a written
representation, which shall be promptly enquired into and responded to. |
|
Date of Shipment/
Dispatch In respect of Imports |
9.11 A |
Date of shipment/dispatch for imports will be reckoned as
under:-
| Mode of Transportation |
|
Date of Shipment / Dispatch |
| (i) |
By Sea |
Date affixed on the Bill of Lading |
| (ii) |
By Air |
Date of relevant Airway Bill provided this represents date on which
goods left last airport in thecountry from which the import is effected |
| (iii) |
From land-locked countries |
Date of dispatch of goods by rail, road or other recognised
mode of transport to consignee in India through consignment basis |
| (iv) |
By Post Parcel |
Date stamp of office of dispatch on the packet or dispatch note |
| (v) |
By Registered Courier Service |
Date affixed on Courier Receipt/ Waybill |
| (vi) |
Multimodal transport |
Date of handing over goods to first carrier in a combined
transport Bill of Lading |
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Date of Shipment/
Dispatch in respect
of Exports |
9.12 |
Date of shipment / dispatch for exports will be reckoned as
under:-
| Mode of Transportation |
Date of Shipment/Dispatch |
| (i) By Sea |
For bulk cargo, date of Bill of Lading or date of mate
receipt, whichever is later.
a) For containerised cargo, date of “Onboard Bill of Lading”, or
“Received for Shipment Bill of Lading”, where the L/C provides
for such Bill of Lading. For exports by
containers from Inland Container Depot (ICD), date of Bill of
Lading issued by shipping agents at the time of loading of
export goods in ICD after customs clearance.
b) For Lash barges, date of Bill of Lading evidencing loading of
export goods on board. |
| (ii) By Air |
Date mentioned by appropriate Officer of Customs on Shipping
Bill, evidencing
loading or handing over of goods to air cargo complex, which are
not international
airports, or by way of rotation of flight number and date. |
| (iii)By Post Parcel |
Date stamped on postal receipt. |
| (iv) By Rail |
Date of RR (Railway Receipt). |
| (v) By Registered Courier Service |
Date affixed on Courier Receipt/ Waybill. |
| (vi) By Road |
Date on which goods crossed Indian border as
certified by Land Customs Authorities. |
However, wherever Procedural / Policy provisions
have been modified to disadvantage of exporters, same shall not
be
applicable to consignments already handed over to Customs for
examination and subsequent exports upto Public Notice /
Notification date.
Similarly, in such cases where goods are handed over to the
customs authorities before expiry of export obligation period,
but actual Exports take place after expiry of the export
obligation period, such exports shall be considered within
export obligation period and taken towards fulfillment of export
obligation.
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| General Power of review.
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9.13 |
DGFT may, on his own or otherwise, call for records of any case
pending with or decided by an officer subordinate to him or an officer
of any EPC/FIEO including a Group/ Committee of officers nominated,
appointed or authorised by him and pass such orders as he may deem fit. |