GOVERNMENT
OF
MINISTRY
OF COMMERCE AND INDUSTRY
DEPARTMENT
OF COMMERCE
PUBLIC
NOTICE No. 10 /(RE-2008)/ 2004-2009
In
exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy
2004-09, the Director General of Foreign Trade makes the following amendment in
HandBook of Procedures Vol.I
(updated as on
(i)
The following shall be added after para 8.5 of the Handbook of Procedure (Vol. I),2004-09 updated on 11th
April, 2008 and after para 2 (c) of Appendix 14-I-I
of HandBook of Procedure (vol.I)
(Appendices & Aayat Niryat
Forms) 2004-2009 updated as on 11th April,2004-2009.
“The claim for interest may be filed
before the concerned
Regional Authority/ Development Commissioner in Aayat Niryat Form ANF- 8A.”
(ii) Aayat Niryat Form ANF-8A shall be as given in Annexure to this Public Notice.
This issues
in public interest.
(R.S.Gujral)
Director General of Foreign Trade and
Ex-officio Additional Secretary to the Govt. of India.
(Issued from File No. Misc. 55/AM-06/DBK)
Annexure
ANF – 8A
Application for payment of interest on delayed refund of Duty Drawback (DBK)/ Terminal Excise Duty (TED) on deemed exports/ Central Sales Tax (CST) on supplies to Export Oriented Units (EOU)
|
1. IEC Details:- (i)
IEC
Number:- (ii)
Date
of Issue:- (iii)
Issuing
Authority:- |
|
2. Applicants’ details:- (i) Name:- (ii) Address (Registered Office in case of
companies and Head Office in
case of others):- (iii)
Telephone:- |
|
3. Application Submission Details:- (i)
Name
of the concerned Regional Authority (RA)/ Development Commissioner (DC):- (ii)
Date
on which application for claim was filed:- (iii)
Amount
of TED/ DBK/ CST claim sanctioned:- (iv)
File
no. and date of the claim sanctioned:- (v)
Number
and date of the cheque issued:- |
4. Details of main claim |
|
i) Whether Duty Drawback: Yes/No |
|
ii) Whether Terminal Excise duty : Yes/No |
|
iii)
Whether Central Sales Tax: Yes/
No |
|
iv)
File No. of the Regional Authority/ DC where main claim was filed and settled |
|
iv)
Amount claimed as DBK/ TED/ CST |
|
v) Amount settled by Regional Authority/ DC
with cheque No. and date |
|
vi) Date of approval of the claim as
communicated to the applicant through standard letter by the Regional Authority/
DC (attach a photo copy of the Approval Letter for ripe claims issued by
Regional Authority/ DC). |
|
vii)
Amount of interest claimed @6% p.a. simple interest which should be
calculated from the date of one month
after the date of approval till the date of issuance of cheque
in settlement of the claim (attach calculation sheet). |
Note:-(i) No interest is payable upto
one month of its final approval by RA/ DC.
(ii) If claim is not settled
within one month of final approval of the claim due to any reasons, the RA/ DC will
calculate interest on approved claim upto the date of
payment of the claim (date of cheque).
Enclosures:- (i) Photo copy of
approval letter for ripe claims.
(ii) Photocopy of forwarding letter of cheque alongwith photo copy of the cheque.
(iii) Calculation sheet for interest
claimed.
GUIDELINES FOR
APPLICANTS
For payment of interest on delayed refund of duty drawback/terminal excise duty on deemed exports/ CST on supplies to EOU.
1.
Application
has to be filed for claiming interest if Terminal Excise Duty (TED)/ Duty
Drawback/ Central Sales Tax (CST) due to a claimant is not paid within a period of one month
from the date of final approval of claim by the Regional Authority (RA)/
Development Commissioner (DC), Special Economic Zone (SEZ).
2.
Application
in duplicate to be filed within 90 days of the date of cheque
issued towards settlement of the claim.
3.
Application
has to be filed in ANF.8A.
4.
Application
has to be filed with the same RA/ DC, which has sanctioned and released the
TED/Drawback/ CST.
5.
Each
individual page of the application has to be signed by the applicant.
6.
Application
must be accompanied by documents as per details given below :
i)
Photocopy
of approval letter for ripe claims.
ii)
Photocopy
of forwarding letter of cheque alongwith
photocopy of the cheque.
iii)
Calculation
sheet for interest claimed.
iv)
Any
additional document
relevant for claiming interest on delayed payment.
DECLARATION / UNDERTAKING
1.
I/We hereby declare that the particulars and the statements made in
this application are true and correct to the best of my / our knowledge and
belief and nothing has been concealed or held there from. If found incorrect or
false, it will render me / us liable for any penal action or other consequences
as may be prescribed in law or otherwise warranted.
2.
I/We undertake to abide by the provisions of FT(D&R)
Act, the Rules and Orders framed there under, the FTP, HBP v1, HBP v2 and the
ITC(HS) Classification of Export & Import Items.
3.
I / We hereby certify that none of the Proprietor/ Partner(s) /
Director(s) / Karta / Trustee of the firm / company,
as the case may be, is / are a Proprietor / Partner(s) / Director(s) / Karta / Trustee in any other firm / Company which has come
to the adverse notice of DGFT.
4.
I/We hereby certify that the Proprietor/Partner(s)/Director(s)/Karta/Trustee, as the case may be, of the firm/company
is/are not associated as Proprietor/Partner(s)/Director(s)/Karta/Trustee
in any other firm/company which is in the caution list of RBI.
5.
I/we further
declare and undertake that I/we shall immediately refund the amount of interest
obtained by us if it is found to be in excess of our entitlement upon
post-issue scrutiny by Government/ Audit/ concerned authority.
6.
I/ We fully
understand that any information furnished in the application if found incorrect
or false will render me/ us liable for any penal action or other consequences
as my be prescribed in law or otherwise warranted.
7.
I hereby certify that I am authorised
to verify and sign this declaration as per paragraph 9.9 of Foreign Trade
Policy.
Signature of the
Name Date
Designation
Official Address
Telephone
Residential Address
Email Address