24 October 2012
We wish to introduce ourselves that we are one of the home textiles Exporters from KARUR/SOUTH INDIA.
We wish to clarify in regards with EXPORT OBLIGATION with DGFT.
We are IMPORTING FLAX/LINEN GREY YARN from CHINA (H.SCODE : 5309 29 90)under advance authorisaion with support of one of our Delhi Exporters Invalidation letter. After the Import we manufacture the GREY FABRIC and supplying to DELHI EXPORTER under LOCAL INVOICE mentioning the Delhi Exporters Advance authorization number& our advance authorisaion number and Delhi Exporters Invalidation letter etc.,
While completing the EO formalities the DGFT are not accepting the documents and they need B.L.ZEROX,S.B.ZEROX, PAYMENT REALISTION ZEROX ,ARE-1 /ARE-3 etc.,
Our products are classifiable under chapter heading 5309 2990 which exempted from payment of excise duty by virtfue of Notification 30/2004 –CE dated. 9.7.2004.
We need your suggestion for the above problem of completing EO with DGFT. With Thanks / Regards, ARASU. R (Managing Director) ___________________________________________________ Master Linens Inc., A & M COMPOUNDS, S.F.NO 253 / 1,SARAVANA NAGAR, ERODE MAIN ROAD, NATHAMEDU, AATHUR (PO) , KARUR - 639 02
26 October 2012
YOUR QUERY IS NOT CLEAR THATS WHY THERE IS NO REPLY. PL CLARIFY YOUR QUERY
Querist :
Anonymous
Querist :
Anonymous
(Querist)
26 October 2012
Dear Mr.Ramakrishnan,
My query is how to complete the EXPORT OBLIGATION with DGFT? What are the documents I have to produce to DGFT to complete the Export obligation? I have availed Advance authorisation against DELHI exporter INVALIDATION LETTER and supplying the goods in INDIA in which DGFT IS NOT ACCEPTING. How to porceed further in this matter? PL.ANSWER MY QUESTIONS?
29 October 2012
[ Please see paragraph 4.25 of HBP v1 ]
1. Two copies of the application must be submitted unless otherwise mentioned. 2. Each individual page of the application has to be signed by the applicant. 3. Application must be accompanied by documents as per details given below:
a. For physical exports:
i. Bank Certificate of Exports and Realisation in the form given at Appendix 22A or Foreign Inward Remittance Certificate (FIRC) in the case of direct negotiation of documents or Appendix 22D in case of offsetting of export proceeds. However, realisation of export proceeds shall not be insisted if the shipments are made against confirmed irrevocable letter of credit or bill of exchange is unconditionally Avalised / Co- Accepted / Guaranteed by a bank and the same is confirmed by the exporters bank and certified by the bank in column 14/15 of Appendix 22A. For status holders, irrevocable letter of credit would suffice. Further, realisation of export proceeds shall not be insisted, if the Reserve Bank of India (RBI) writes off the requirement of realisation of export proceeds on merits and the exporter also produces a certificate from the Foreign Mission of India about the fact of non recovery of export proceeds from the buyer. However this would not include self write off cases.
ii. EP copy of the shipping bill(s) containing details of shipment effected or bill of export in case of export to SEZ. However no hard copy of Shipping Bill(s) shall be required to be filed for EO discharge for shipments from EDI Ports for the authorizations issued w.e.f 1.4.2009.
iii. A statement of exports giving details of shipping bill wise exports indicating the shipping bill number, date, FOB value as per shipping bill and description of export product
iv. A statement of imports indicating bill of entry wise item of imports, quantity of imports and its CIF value.
v. FOB value of export for the purpose of V.A shall be arrived at after excluding the Foreign Agency Commission, if any. This provision shall be applicable for authorizations issued on or after 1.4.2008.
vi. In case where CENVAT credit facility on inputs have been availed for the exported goods, the goods imported against Advance Authorisation shall be utilized only in the manufacture of dutiable goods whether within the same factory or outside (by a supporting manufacturer) even after completion of export obligation, for which the authorisation holder shall produce a certificate from either the jurisdictional Central Excise Supdt. or Independent Chartered Accountant, at the option of the exporter.
b. For deemed exports:
i. A copy of the invoice or a statement of invoices duly signed by the unit receiving the material and their jurisdictional excise authorities certifying the item of supply, its quantity, value and date of such supply. However in case of supply of items which are non excisable or supply of excisable items to a unit producing non excisable product(s), a project authority certificate (PAC) certifying quantity, value and date of supply would be acceptable in lieu of excise certification. However, in respect of supplies to EOU/EHTP/ STP/ BTP, a copy of CT-3/ARE-3 duly signed by the jurisdictional excise authorities certifying the item of supply, its quantity, value and date of such supply can be furnished in lieu of the excise attested invoice (s) or statement of invoices as
given above. However in case of supply of the product by the Intermediate supplier to the port directly for export by the ultimate exporter (holder of Advance Authorisation or DFIA) in terms of paragraph 4.13 of HBP v1, copy of the shipping bill with the name of domestic supplier as Intermediate supplier endorsed on it along with the file No. / Authorisation No. of the ultimate exporter and the intermediate supplier shall be required to be furnished.
ii. Payment certificate from the project authority in the form given in Appendix-22C. In the case of Advance Authorisation for Intermediate Supplies/ deemed exports, supplies to the EOUs/ EHTPs/STPs/ BTPs, documentary evidence from the bank substantiating the realisation of proceeds from the Authorisation holder or EOUs/EHTPs/ STPs/ BTPs, as the case may be, through the normal banking channel, shall be furnished in the form given at Appendix 22B. However realisation of proceeds shall not be insisted upon if the shipments are made against confirmed irrevocable inland letter of credit or inland bill of exchange is unconditionally Avalised/ Co- Accepted/ Guaranteed by a bank and the same is confirmed by the exporters bank and certified by the bank in column 5/6/7 of Appendix 22B. For status holders, irrevocable inland letter of credit would suffice.
iii. A statement of supplies giving details of supply invoices and indicating the invoice number, date, FOR value as per invoices and description of product.
iv. A statement of imports indicating bill of entry wise item of imports, quantity of imports and its CIF value.
v. In case where CENVAT credit facility on inputs have been availed for the exported goods, the goods imported against Advance Authorisation shall be utilized only in the manufacture of dutiable goods whether within the same factory or outside (by a supporting manufacturer) even after completion of export obligation, for which the authorisation holder shall produce a certificate from either the jurisdictional Central Excise Supdt. or Independent Chartered Accountant, at the option of the exporter.
CAclubindia
