10 December 2012
Dear Sir Is claim for DEPB can be submitted online? Is it necessary to take the services of an agent? Please provide the procedure to cliam DEPB benefits.
10 December 2012
Policy relating to Duty Entitlement Passbook (DEPB) Scheme is given in Chapter-4 of the Indian Foreign Trade Policy. Duty credit under the DEPB scheme shall be calculated by taking into account deemed import content of said export product as per Standard Input Output Norms SION.
Fixation of DEPB Rate
EPC is the governing body for receiving all applications for the fixation of DEPB rates. Once the applications are submitted, EPC verify the FOB value of exports as well as international price of inputs covered under Standard Input Output Norms SION.
Exports in anticipation of DEPB Rate
No exports shall be allowed under DEPB scheme unless DEPB rate of concerned export product is notified.
Port of Registration
Exports / imports made from specified Sea Ports, Airports, ICD & LCSs given in paragraph 4.19 above of the Foreign Trade Policy. DEPB shall be issued with single port of registration, which will be port from where exports have been effected.
Time Period
Wherever provisional shipment has been allowed by customs authorities, DEPB against such exports shall be issued only after release of shipping bill by Customs. In such cases, application for DEPB shall be filed within six months from date of release of such shipping bill or six months from date of realization, whichever is later.
Frequency of Application
All shipping bills in any one application must relate to exports made from one Custom House only. There is no limit on number of shipping bills which can be filed through EDI mode in a single aplication.
Verification by Customs
Before allowing imports against DEPB, Customs shall verify that details of exports, as given on DEPB, are as per their records. However, in case of EDI shipping bills issued on or after 1-10-2005 from EDI ports which are being transmitted electronically by Customs to DGFT, DEPBs issued shall be sent to Customs at port of registration through an electronic message exchange system and DEPB shall be registered at port of registration electronically. No verification of shipping bills against which such DEPBs have been issued, will be required before allowing imports against these DEPBs.
Re-export of goods imported under DEPB Scheme
Goods imported under DEPB scheme, which are found defective or unfit for use, may be re-exported, as per guidelines given in paragraph 3.23.6 of HBP v1.
Issuance of DEPB and other duty credit certificates against lost EP copy of the Shipping Bills
In case where EP copy of Shipping Bill has been lost, DEPB and other duty credit certificates, claim can be considered subject to submission of following documents:-
A duplicate / certified copy of Shipping Bill issued by Customs authority in lieu original
An application fee equivalent to 2% of the DEPB or other duty credit entitlement in respect of lost Shipping Bills. However, no fee shall be charged when Shipping Bill is lost by Government agencies and a documentary proof to this effect is submitted;
An affidavit by exporter about loss of Shipping Bills and an undertaking to surrender it immediately to concerned RA, if found subsequently; and
An indemnity bond by exporter to the effect that he would indemnify Government for financial loss if any on account of DEPB or other duty credit certificate issued against lost Shipping Bills.
Customs authority, before allowing clearance, shall ensure that no DEPB benefit has been availed against same shipping bill.
Claim against lost Shipping Bill shall be preferred within a period of six months from date of release of duplicate copy of shipping bill and any application received thereafter will be rejected. However, if a provisionally assessed DEPB shipping bill is lost, time period for filing an application for DEPB would be six months from the date of release of the finally assessed shipping bill.
Loss of Original Bank Certificate
In such cases where original Bank Realization Certificate (BRC) has been lost, the DEPB claim can be considered subject to submission of following documents:
A duplicate copy of BRC issued by bank authority in lieu of original loss; b) An application fee equivalent to 2% of the DEPB entitlement in respect of lost BRC;
An affidavit by exporter about loss of BRC and an undertaking to surrender it immediately to RA, if found subsequently;
An indemnity bond by exporter to the effect that he would indemnify Government for financial loss, if any, on account of DEPB issued against lost BRC.
Claim against lost BRC shall be preferred within a period of six months from date of realization and application received thereafter will be rejected.
In such cases, where both documents have been lost, exporter shall follow procedure laid down in paragraph 4.52 and 4.53. Time period for such application shall be as per paragraph 4.52 and 4.53, whichever is later.
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