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

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export obligation is paid by authorization holder to Customauthorities before an endorsement <strong>of</strong> extension is made on EPCGauthorization by RA concerned. In such cases, no compositionfee is to be paid or additional EO is to be imposed as prescribedin the Para above. In case the firm is still not able to complete theexport obligation, duty already deposited will be deducted fromtotal duty plus interest to be paid for EO default.Extension in export obligation period shall also be subject to suchterms and conditions as may be prescribed by competent authority.5.11.1 The firm / company, which is applying for registration with BIFR/Rehabilitation Department <strong>of</strong> State Government, shall also intimateDGFT with regard to relief sought for EPCG authorization, if any,within 30 days <strong>of</strong> receipt <strong>of</strong> application by agency concerned.DGFT, thereafter shall take up the matter with agency concernedto safeguard government interest on account <strong>of</strong> default in fulfillment<strong>of</strong> export obligation imposed on EPCG authorization obtained bysuch firm/companies.DGFT may consider such application for grant <strong>of</strong> period <strong>of</strong>extension upto 12 years, or as per rehabilitation package preparedby operating agency and approved by BIFR board / state authority.5.11.2 Waiver <strong>of</strong> EO may be considered where, because <strong>of</strong> force majeureor other unforeseen circumstances / reasons which are beyondthe control <strong>of</strong> the exporters (like steep fall in international prices,technological obsolescence etc.), and the exporter is unable t<strong>of</strong>ulfill export obligation. Such requests shall be considered by acommittee comprising representative(s) <strong>of</strong> DoC and DoR underDGFT. Decision <strong>of</strong> this committee shall be notified by DoR forimplementation.5.11.3 To provide relief to exporters <strong>of</strong> those sectors where total exportsin that sector / product group has declined by more than 5%,average export obligation for 2007-08 may be reducedproportionate to reduction in exports <strong>of</strong> that particular sector /product groups during 2007-08 as against 2006-07.The sectors / product groups for which this relaxation is to beallowed shall be conveyed by the DGFT to all the RAs withinthree months <strong>of</strong> the end <strong>of</strong> the previous financial year, and theRAs shall re-fix the EO for previous year accordingly, for exportersin that sector / product group.Export Obligation Shortfall 5.12RA concerned may condone shortfall upto 5% in export obligationarising out <strong>of</strong> duty saved amount.98

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