Policy Circular No. 20/ 2009-14 Dated 01.01.2009

Policy Circular No. 20/ 2009-14 Dated 01.01.2009
Extension of time for filing of applications for fixation of Brand Rate of Duty Drawback for High Speed Diesel (HSD) supplied by domestic oil companies to EOU’s prior to issue of Notification No. 20 dated 17.8.05

Reference is invited to this office letter Pt. F. No. Misc-12/AM-05/DBK Cell dated 5th March 2008 addressed to DC, NSEZ on the above subject wherein it was inter-alia clarified that no new applications for fixation of Brand Rate of Duty Drawback for HSD should be entertained and applications already filed and pending in the office of DC, NSEZ as on 5th March 2008 should be disposed off as per the directions given in the aforesaid letter (copy enclosed).

Pursuant to the above, representations have been received from FIEO and individual firms pleading for equality of opportunity and seeking extension of time for filing applications for fixation of Brand Rate of Duty Drawback for HSD on the grounds that the criteria for fixing Brand Rate of Duty Drawback was communicated on 5.3.08 and the same date was also fixed as the cut off date for filing of applications and this date was not announced either by a Circular or Public Notice for information of the exporting community.

The matter has been reconsidered and it has been decided to give one final opportunity, of three months time from the date of issue of this Circular, to enable the trade to file their applications, for fixation of Brand Rate of Duty Drawback for HSD supplied by domestic oil companies to EOU’s prior to 17.8.05. The finalization of such applications shall however be subject to fulfillment of the prescribed conditions and careful scrutiny of all documents submitted in support of the claim so that no fraudulent applications are approved. This may please be brought to the notice of all concerned.

This issues with the approval of Director General of Foreign Trade.

Sd/-
(Akash Taneja)
Jt. Director General of Foreign Trade
Tel: 23063195 e-mail:akash.taneja@nic.in

(Issued from File No. Misc.34/AM-09/DBK Cell)

Speed Post

Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhavan, New Delhi

Pt F.No.Misc-12/AM-05/DBK Cell/ DT. 05/03/2008

To,

Subject: Fixation of Brand Rate Duty Drawback for HSD

Sir,

Please refer to your letter No. NSEZ/HSD/43/07/1815 dated 18.12.07 addressed to the Secretary, Deptt. of Commerce (copy endorsed to this office) on the subject mentioned above. In the light of the decision already taken in the meeting chaired by the Commerce Secretary on 1.05.07, I am directed to advise you to fix band rate for the item HSD as per provisions in Customs and Central Excise Duty Drawback Rules, 1995 taking into consideration the customs duty structure for the relevant period and the data for the relevant period will be furnished by applicant to your office for necessary action in the form of DOR/MOF Notification of customs tariff. it is further stated that brand rate duty drawback for HSD may be finalized on the basis of prevalent customs Duty suffered on crude oil (to be arrived at on the basis of SION for HSD) during the relevant period.

2. It is clarified that above decision taken in the Commerce Secretarys meeting would be applicable only to the applications already filed and pending in the office of DC, NSEZ and no new application should be entertained. You are however, requested to verify from relevant FTP/HBP that Duty Drawback was payable on the supply of HSD to EOUs during the relevant period.

3. This issues with the approval of Commerce Secretary.

Yours faithfully

(A.C.Jha)
Dy.Director General of Foreign Trade
For Director General of Foreign Trade