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Foreign Trade Procedures 2008-2009 - Directorate General of ...

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Utilisation <strong>of</strong> DEPB credit 4.42 Credit under DEPB shall be utilised for payment <strong>of</strong> customs dutyon any item including capital goods, which is freely importable.DEPB Scrips can also be utilized for payment <strong>of</strong> duty againstimports under EPCG Scheme w.e.f 1.1.<strong>2009</strong>.Application for DEPB 4.43 An application for grant <strong>of</strong> credit under DEPB may be made toRA concerned in ANF 4G alongwith prescribed documents.Agency commission shall be allowed for DEPB entitlement upto12.5% <strong>of</strong> FOB value only. FOB value in free foreign exchangeshall be converted into Indian rupees as per exchange rate forexports, notified by Ministry <strong>of</strong> Finance, as applicable on the date<strong>of</strong> order <strong>of</strong> “Let Export” by Customs.4.43A In respect <strong>of</strong> consignment exports wherein exporter has declaredFOB value on a provisional basis, exporter shall be eligible forfinal assessment <strong>of</strong> such shipping bill based on actual FOB realisedupon sale <strong>of</strong> such goods in freely convertible currency.4.43B An application for grant <strong>of</strong> credit for supplies from DTA to SEZcan be made by DTA unit or SEZ unit. DTA unit may claim benefitseither from RA or Development Commissioner concerned. In caseclaim have been filed with RA, RA while allowing benefits to theDTA unit will simultaneously endorse a copy <strong>of</strong> communication toconcerned Development Commissioner alongwith details <strong>of</strong> exportdocuments . In case DTA supplier prefers claim with DevelopmentCommissioner, the Development Commissioner will verify DeniedEntity List (DEL) status <strong>of</strong> supplier from DGFT website beforeallowing DEPB benefits. SEZ unit will file application withDevelopment Commissioner concerned in ANF 4G along withprescribed documents.4.44 DEPB shall be issued with transferable endorsement after paymentconfirmation. In other cases, DEPB shall be initially issued withnon-transferable endorsement and upon realization, can beendorsed as transferable.Monitoring 4.45 RA shall monitor earlier cases where DEPB has been granted<strong>of</strong> Realisationprior to realisation <strong>of</strong> export proceeds so as to ensure thatrealisation takes place within prescribed time. Failing this, RA shallinitiate action for recovery <strong>of</strong> an amount equivalent to DEPB creditwith interest as notified. Recovered amount in such cases shall bedeposited in head <strong>of</strong> account <strong>of</strong> Customs as stated in paragraph4.29 above.4.45.1 If export proceeds are not realised within the stipulated timeperiod, DEPB holder shall pay in cash an amount equivalent toduty free credit utilised on imports, against such exports with interestas notified, from date <strong>of</strong> import till date <strong>of</strong> deposit. If amountrealised in foreign exchange is less, then payable amount wouldbe reduced proportionately.73

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