Procedure and Aayat Niryat Form to avail Transport and Marketing Assistance (TMA) for Specified Agriculture Products notified.
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF COMMERCE
NEW DELHI, DATED THE 29th March, 2019
In exercise of powers conferred under Paragraph 1.03 of the Foreign Trade Policy 2015-2020, as amended from time to time, the Director General of Foreign Trade hereby notifies Chapter 7(A) of the Handbook of Procedures and the Aayat Niryat Form-7(A)A pertaining to this Chapter for availing Transport and Marketing Assistance (TMA) for Specified Agriculture Products.
2. Text of chapter 7(A) of Handbook of Procedures 2015-2020 and Aayat Niryat Form-7(A)A are annexed to this Public Notice.
Effect of this Public Notice: Procedure and Aayat Niryat Form to avail Transport and Marketing Assistance (TMA) for Specified Agriculture Products notified .
(Alok Vard Chaturvedi)
Director Gen of Foreign Trade
Email : firstname.lastname@example.org
[Issued from File No. 01/92/180/56/AM19/PC-VI]
TRANSPORT AND MARKETING ASSISTANCE FOR SPECIFIED
AGRICULTURE PRODUCTS SCHEME
Policy relating to Transport and Marketing Assistance (TMA) for Specified Agriculture Products scheme is given in Chapter 7(A) of FTP 2015-20. A copy of Department of Commerce’s Notification No. 17/3/2018-EP (Agri.IV) dated 27.2.2019 is given in Appendix-7(A)A.
7(A).01 Procedure for claiming Transport and Marketing Assistance
(a) Application for claiming assistance under this scheme can be filed by registered and eligible exporter, having a valid RCMC issued by the Competent Authority.
(b) The application can be made by Corporate office/Registered office / Head office / Branch office or Manufacturing unit. Application for TMA would be filed to the RAs headed by Additional DGFT. Applicant shall have option to choose Jurisdictional RA headed by Additional DGFT on the basis of address of its Corporate office/Registered office / Head office / Branch office or Manufacturing unit. Jurisdiction of RA headed by Addl. DGFT is specified in Appendix-7(A)B. The option of the RA needs to be exercised while making first application under this scheme. Once an option is exercised, no change would be allowed for further claims under the scheme.
(c) The application shall be filled up online on DGFT’s website (http://dgft.gov.in/)alongwith the application fee as prescribed in Appendix-2K. A physical pdf copy of the print out of ANF-7(A)A along with prescribed documents shall also be filed manually with RA concerned within 30 days. Login procedure for entering into the application shall be the same as for other ECOM applications. A File number will be generated by the website on completion of successful submission of application.
(d) Application(s) for claim of TMA will be made on quarterly basis i.e. for the shipments made in a particular quarter. Online claims should be filed within a period of one year from the completion of the quarter in which exports have been made. For example, for the exports made in the quarter April to June, 2019; the claim can be filed by 30.6.2020. Similarly, applications for the claim for 1.3.2019 to 31.3.2019 can be filed upto 31.3.2020.
(e) TMA claim would be available on shipment basis. All claims for shipments made in a particular quarter should be bunched together and submitted as a single application along with Chartered Accountant (CA) / Cost and Works Accountant (ICWA)/ Company Secretary (CS) certificate in the format as given in Annexure A to ANF-7 (A)A.
(f) Non-submission of the physical copy of the application along with prescribed documents within 30 days after filing online, incomplete or deficient applications shall result in non-acceptance of application by I)GFT and shall be rejected.
7(A).02 Documents Required
All applications should be submitted in ANF-7(A)A (duly filled up online) along with copies of following documents duly self certified:
(i) EP copy of shipping bill(s)/Airway bill(s);
(ii) Commercial Invoice;
(iii) On board Bill of Lading, in case of shipment by sea;
(iv) Certificate of Chartered Accountant (CA) / Cost and Works Accountant (ICWA)/ Company Secretary (CS) as per Annexure A to ANF-7 (A)A.
(v) Proof of landing as per Annexure B to ANF-7(A)A.
Exporters may refer to the instruction/guidelines given in Application form before filing online application and submitting physical copy with RA.
7(A).03 Other Conditions
(a) The assistance shall be paid only to the exporter exporting the cargo and in whose name payment is realized in free foreign exchange through normal banking channels. The assistance will not be provided to the products notified as ineligible in Annexure (1) of DoC’s Notification no. 17/3/2018-EP (Agri.IV) dated 27.2.2019, as amended from time to time. Similarly, the assistance is also not available for certain categories of exports notified as ineligible in para 7 of above said DoC’s Notification.
(b) The assistance would be given for export of eligible agriculture products to the destinations/countries as mentioned in Annexure (2) of DoC’s above said Notification.
(c) The assistance is limited to the rates as notified in Annexure (3) of DoC’s above said Notification.
(d) FOB supplies where no freight is paid by Indian exporters are not covered under this scheme.
(e) The scheme is admissible for the exports made through EDI ports only.
(f) Claim should be made only for Full Container Loads (FCLs) in case of shipment by sea and in the multiple of metric ton (ignoring any fraction thereof) in case of shipment by air. A forty feet container will be treated as two TEUs. Less than Container Load (LCL) shipments/ twenty-foot equivalent unit (TEU) containing eligible and ineligible cargo should not be included in the application.
(g) In case, the consignment in respect of which claim is taken is subsequently returned by the customer, the applicant would be liable to refund the assistance granted with interest at the rate of 15% per annum.
(h) No application can be made after completion of one year of the quarter in which exports have been made. Hence, provisions of late cut as defined in para 9.02 of HBP and provisions of supplementary claims as given in para 9.03 of HBP are not applicable on this scheme.
7(A).04 Deficiency in the application
Deficiency in the application, if any, shall be communicated by the concerned RA to the exporter. Application submitted or completed beyond the prescribed last date would be summarily rejected.
7(A).0S Audit mechanism
(a) 10% of the cases in which benefit(s) under this chapter has/have already been granted, would be selected on random basis. Where ever required, RA may call for original documents for verification. Failure to submit documents in original would make applicant liable to refund the assistance along with interest, from the date of issuance of assistance.
(b) In case any discrepancy and/or over claim is found on such examination, the applicant shall be under obligations to rectify such discrepancy and /or refund the excess claimed with interest at the rate of 15% per annum on the recoverable amount within one month. Cases of fraud, misrepresentation/misdeclaration, falsification and fabrication of documents or other wilful default would be dealt as per penal provisions of the FTP/FT(D&R)Act 1992/FT(R) Rules 1993,
(c) The RA may also reassess any case, where any erroneous/in-eligible payment has been made/claimed. RA will take necessary action for recovery of excess obtained along with interest at the rate of 15% per annum on the recoverable amount.
(d) In addition, Where ever required, RA may also cross check the facts/documents as submitted by exporter with the concerned issuing authority.
Any dues/recovery under the FTP/HI31), FT(D&R) Act 1992/FT(R) Rules 1993, would be deductible from the approved/future claims of TMA.