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(PART-I, SECTION-1)

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

PUBLIC NOTICE No. 53 /2002-07-DGFT

NEW DELHI: the 31st December, 2002

In exercise of powers conferred under paragraph 2.4 of the Export and Import Policy, 2002-07, the Director General of Foreign Trade hereby makes the following amendment in the Handbook of Procedures (Vol.1):-

1) A new para 3.2.3 is inserted as under:

The application for grant of status certificate in the case of non service providers mandates the submission of a “Bank Certificate of Export Realisation / Deemed Exports for Status Certificate” as given in Appendix 17 B .

2) The following is substituted as Land Customs Stations (LCS) in para 4.19 pertaining to the “Port of Registration”:

LCS Ranaghat, Singhabad and Raxaul

3) The following correction is made by inclusion of the following Sea Port and Land Customs Station in para 4.40 pertaining to the “Port of Registration:

Sea Ports: Dharamtar

LCS : Raxaul

4) S.No 1 of the “Declaration” and S.Nos (i) and (vii) of the “Certificate of Chartered Accountant/ Cost and Works Accountant/ Company Secretary” under Appendix 17 pertaining to the “Application for Grant of export House/ Trading House/ Star Trading House/ Super Star Trading House” is amended as under:

DECLARATION

I/We hereby declare that this application is based on the export performance of the preceding three licensing years or the present licencing year basis.

CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT/COMPANY SECRETARY

 (i) M/s ………………………….. and their subsidiary company namely M/s………………..(full name and address of the applicant) have made the exports in the three preceding licensing years as specified in the statement of exports at Sl.No.7.

(vii) I/We further certify that M/s……………….. has realised 95% or more of the export proceeds in respect of exports made by him in the preceding three licensing years (excluding the export made during last six months from the date of filing of application) and 100% in the case of exports made in the current licencing year on the basis of which recognition is being claimed.

I/We hereby certify that the total value of outstanding export proceeds beyond a period of 6 months from the date of export made by the applicant

5) S.No 1 of the “Declaration” and S.No (i) of the “Certificate of Chartered Accountant/ Cost and Works Accountant/ Company Secretary” under Appendix 17 A pertaining to the “Application for Grant of Export House/ Trading House/ Star Trading House/ Super Star Trading House for Service Providers” is amended as under:

DECLARATION

1. I/We hereby declare that this application is based on the foreign exchange earning direct and indirect of the preceeding three licensing years/ current licensing year on gross foreign exchange.

CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT/COMPANY SECRETARY

 i) M/s…………………………. (full name and address of the applicant) have earned foreign exchange earning direct and indirect sources each of the three preceding licensing years/during the current licensing year as specified in the statement of exports at Sl.No.7.

6) An Appendix 17 B pertaining to “Bank Certificate for Export Realisation/ Deemed Exports for Status Certificate” is inserted as per Annexure to this Public Notice.

7) Attention is invited to Public Notice No 14 dated 31.05.2002 and Public Notice No 33 dated 26.08.2002 which introduced a special provision for exemption of Special Additional Duty (SAD) on DEPB’s issued under the Exim Policy 2002-07 where the order of “let export” was prior to 01.04.2002. Para 7 of PN 14 dtd 31.5.02 is amended as under:

7. Notwithstanding the provision given in paragraph 4.47 of the Handbook of Procedures (Vol 1) 2002-07, all exporters filing applications for actual user DEPB pending realisation of export proceeds or a transferable DEPB subsequent to realisation of export proceeds, in respect of shipments where the date of order of “Let Export” is prior to 01.04.2002, shall be required to do so latest by 30th June, 2003.

(This amendment extends the last date of filing of applications under PN 14 dtd 31.5.02 to 30.06.2003)

This issues in public interest.

(L. Mansingh)

Director General of Foreign Trade

(Bipin Menon)

Deputy Director General of Foreign Trade

(File No: 01/94/180/26/AM03/ PC IV)

Annexure to Public Notice No dated 31.12.2002

APPENDIX 17 B

BANK CERTIFICATE OF EXPORT REALISATION/ DEEMED EXPORTS FOR STATUS CERTIFICATE

To ______________________( Name and Address of the Licencing Authority)

We________________________(Name and Address of the Exporter) declare that we have forwarded export bills/ banking instruments to ____________(Name and Address of the Bank, Branch, City) for collection/ negotiation/ purchase. The proceeds against these documents/ instruments for exports/ deemed exports for the financial year ending *_________ amounts to Rs.__________________( figures and words rounded off to nearest lakh).

We further declare the aforesaid particulars are correct to the best of our knowledge & belief.

Date_____________ Signature of exporter______________

Place_______________ Name_______________________________

Designation________________________

Full Address_______________________

_______________________

BANK’S CERTIFICATE

Authorised Foreign Exchange Dealer

Code No allotted to the bank_by RBI vide the following details:

RBI__________________

Ref No:______________

Date:_________________

Place:_________________

This is to certify that we have verified the relevant export invoices, customs attested EP copy of the shipping bill ad other relevant documents of M/s _______________________________and the exports/ deemed export proceeds declared by the exporter amounting to Rs ___________lakhs (in figures and words) for the year ____________ are found to be correct.

_____________________

(Signature of bankers)

______________________

( Full Address of Bankers)

Branch and City______________

Official Stamp________________

Note: 1) * FOB/ FOR actually realised for the concerned financial year to be given in all cases. The year shall be the second year of exports while considering the three year period referred to for claim of status.

2) The exporter shall submit a certificate from each of the his bank branches where he is holding an account where export/ deemed export proceeds are deposited/ collected.

3) This is not applicable for service exports.

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