Foreign Trade Policy Amnesty Scheme

Sl No:

Particulars

Scheme Details

1.

Coverage of the scheme

All variants of authorisation issued under AAS and EPCG:

• Under Foreign Trade Policy (FTP) 2009-14 till 31 March 2015
• Under FTP 2004-09 and before, but limited to Export Obligations (EO) period (original or extended) was valid beyond 12 August 2013.

2

Details of the Scheme

All pending cases of default falling in Sl no:1 (above) can be regularised on payment of all customs duties that were exempted in proportion to the unfulfilled EO. Interest would be restricted to 100% of the duties so exempted. No interest is payable on Additional Customs Duty (ACD) and Special Additional Customs Duty (SACD)

Authorisation holders who wish to avail the benefit of the scheme shall register on the website https://www.dgft.gov.in in a separate application form provided for this purpose

If the entire authorisation is under default, the applicants shall pay the entire customs duty, plus interest with the Jurisdictional Customs Authorities and submit proof thereof to the Regional Authority (RA) of DGFT

If there is partial default, the RA, based on the specific request and application for Export Obligation Discharge Certificate (EODC), shall intimate the applicant of the details of the default on which duty and interest are payable, on that basis, the applicant can remit the duties with jurisdictional customs authorities and submit copy proof thereof to RA

The authorisation holder, who wishes to avail of this benefit, must complete the process of registration (application) on or before 30 June 2023. Customs duty remittance has to be made on or before 30 September 2023

Based on the evidence of payment and other documents, as prescribed under the FTP/HBP submitted by the applicant, EODC will be issued by the RA

Cases adjudicated or pending adjudication, either original or in appeal, can also be regularised under this scheme. Where the case is adjudicated (or pending) and no appeal has been filed, the applicant will produce a copy of the closure letter from the RA to the adjudicating authority. Where an appeal has been filed, the closure letter will have to be submitted to the appellate authority, which will decide the closure and will inform the applicant

Cases under investigation or cases adjudicated for fraud, misdeclaration or unauthorised diversion of material and/or capital goods are excluded from the scheme

No CENVAT or Refund under any provision of the law of any amount shall be allowed on duties paid under the scheme. The applicant shall also give an undertaking that they will not file any application for CENVAT/Refund of duties paid, before any authority or court

If duty along with interest is already deposited in full, the case would not be eligible for this scheme

The necessary procedures and system of filing required by the respective RA would be indicated separately. 

3

Illustrations

Example A – Where 100% EO is not fulfilled

a) Value of exempted imports  -  INR 100

b) Duty exempted -  INR 50

c) ADC and SACD in (b) above -  INR 18

d) Net of (c) above  -  INR 32

e) Interest due (100% on (d) above) -  INR 32

f) Total Duty payable (b + e) -  INR 82

Example B where a shortage in EO exists

a) Value of authorisation (import)  - INR 500

b) Default in EO (%)  -  40%

c) Import value of default - 40% of (a) - INR 200

d) Duties exempt (say)  - INR 100

e) ADC and SACD in (d) above  -  INR 36

f) Duty net of (e)  -  INR 64

g) Interest due (100% of (e) above  -  INR 64

h) Total payable (d + g)  -  INR 164