It is, therefore, clarified that the benefit of DEPB Scheme should be allowed on exports even though the inputs used in the manufacture of the export product were cleared through DEPB route. The letter F.No.605/11/2004-DBK dated 12.4.2004 of OSD.
The whole issue has since been reviewed in the background of the recent explosion at the premises of a scrap importer at Ghaziabad resulting in the death of ten persons. Consultations have been held with the concerned Ministries, namely Commerce & Industry, Home, Shipping, Steel and External Affairs. Discussions have also taken place between the concerned Trade Associations and the Government of India.
It is hereby clarified that the Type Approval Certificate is required to be issued as per EEC directive 70/156/EEC by one of the testing agencies notified in Policy Circular No.26 dated 9.2.2004. For the European Union, a certificate from the country of origin need not be insisted upon. However, the certificate must come from a signatory country to the 1958 Agreement under WP 29. A list of such signatories is available at web site: www.unece.org.
Clarification has been sought as to whether 10% Bank Guarantee is to be insisted upon in the case of those show cause notices involving an issue which has already been decided against the revenue and department has preferred appeal against such decision. The issue has been considered in the Board. If the decision of the Tribunal is in favour of the assessee, strictly speaking, no duty is payable, notwithstanding the fact that Department has preferred appeal.
Amendment to Para 4.4.2 relating to reduction in carat from 0.50 to 0.25 under the Gem and Jewellery Scheme and paras 6.39.1 to 6.39.13 of the HOP relating to Fast Track clearances for EOU’s, are under review and its implementation may be deferred till a final view is communicated by this Ministry.
The matter has been examined by the Board and to state that the instruction contained in the Regulation 4(d) and 4(e) of Foreign Exchange Management (Exports of Goods and Services ) Regulations, 2000 as amended vide notification No.FEMA.116/2004-RB, dated the 25th March, 2004 may kindly be implemented in letter and spirit.
It is clarified that import of furniture is allowed to hotels under EPCG Scheme.This issues with the approval of Director General of Foreign Trade.
The Stock Exchanges may shift these companies from TFTS to NRS provided there are no other specific grounds for continuation of the trading in these scrips in TFTS.
The matter has been examined by the Board and it has been decided to waive the condition of Bank Guarantee for “Shipping Lines” who are handling more than 5000 TEUs ( as Import Containers) in a financial year for the purpose of transshipment of import & export cargo from any Gateway Ports to feeder ports/ICDs/CFSs & vice versa, by Road.
It is clarified that the benefit of duty credit under Served from India Scheme will be available only to those remittances which are received as service charges and fee levied for the specific services rendered by the applicant. For example for the financial services sector the following indicative list of foreign exchange remittance would not be counted for entitlement under the Scheme.
