DGFT- Amendment in Para 8.5 of FTP

Notification No.28 (RE-2010) /2009-2014, New Delhi, the 1st   March, 2011

Subject:             Amendment in Para 8.5 of  FTP

S.O (E)           In exercise of the powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 read with paragraph 1.3 of the Foreign Trade Policy, 2009-2014, the Central Government hereby makes the following amendments in Foreign Trade Policy, 2009-2014 (RE 2010).  

Amendment of paragraph  8.5 of FTP relating to Terminal Excise Duty (TED) and Duty Drawback

Existing Paragraph 8.5

“Supply of goods will be eligible for refund of terminal excise duty in terms of para 8.3 (c) of FTP, provided recipient of goods does not avail CENVAT credit/rebate on such goods.  Similarly, supplies will be eligible for deemed export drawback in terms of para 8.3 (b) of FTP on Central Excise  paid on inputs/components, provided CENVAT credit facility/rebate has not been availed by applicant.  Such supplies will however be eligible for deemed export drawback on customs duty paid on inputs/components.”

Amended paragraph 8.5

{Additions have been shown in bold letters}

“Supply of goods will be eligible for refund of terminal excise duty in terms of Para 8.3(c) of FTP, provided recipient of goods does not avail CENVAT credit/rebate on such goods. A declaration to this effect, in Annexure II of ANF 8, from recipient of goods, shall be submitted by applicant.  Similary, supplies  will be eligible for deemed export drawback in terms of para 8.3 (b) of FTP of Central Excise duty paid on inputs/componets, provided CENVAT credit /rebate has not been availed of such duty paid by supplier of goods. A declaration to this effect, in Annexure III of ANF 8, from supplier of goods, shall be submitted by applicant.  Such supplies shall however be eligible for deemed export drawback on customs duty paid on inputs/components.”

Effect of this amendment

These amendments clarify on the declarations required to be given for claiming TED and drawback refund.  The phrase “supplier of good” has been inserted in place of “applicant” in respect of the Deemed Export Drawback claim.

(Anup K. Pujari)

Director General of Foreign Trade

E-mail: dgft@nic.in

(Issued from F.No. 01/92/180/74/AM 11/PC VI)

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2. DGFT- Amendments in Para 8.3.1 of HBP, Vol. 1 and in Appendix ANF 8
3. DGFT notification on amendment in Chapter 3 of FTP regarding Para 3.13.2, 3.14.2, 3.15.2 & 3.15.3
4. Amendment of Para 2.63 (iii) of HBP Vol.I regarding RCMC: DGFT public notice
5. DGFT Public Notice No 51/2009-14- Amendment of para 2.37 A of HBP Vol.1