Amendment in the Handbook of Procedure Vol. I - DGFT - 45 (RE-03)

Amendment in the Handbook of Procedure Vol. I PUBLIC NOTICE NO. 45(RE-03) Dated 28/01/2004 In exercise of powers conferred under Paragraph 2.4 of the Export and Import Policy 2002-2007, the Director General of Foreign Trade hereby makes the following amendments in Handbook of Procedures (Vol. I): 1. A new Appendix 6 B pertaining to the "Refund of Application fee submitted through Electronic Fund Transfer" is appended to this Public Notice. 2. The following sub paragraph is added at the end of the 2nd sub heading pertaining to "Scale of Application Fee" in Appendix 29 which refers to the "Procedure for Deposit/ Refund of Import Application Fee and Other Fee" as under: However from 01.04.2004 onwards, this 50% reduction in the application fee would be applicable to only those electronic applications which are digitally signed and submitted online on the DGFT website and where the application fee is paid electronically through the Electronic Fund Transfer (EFT). For details on various aspects of digital signatures and EFT, information on the DGFT website at www.nic.in/eximpol may kindly be perused. 3. Appendix 29 A pertaining to "Procedure of Electronic Fund Transfer" is appended to this Public Notice. This issues in Public Interest. (L. MANSINGH) DIRECTOR GENERAL OF FOREIGN TRADE File No: 01/94/180/Public Notice/ AM04/ PC IV Appended to Public Notice No 45 dated 28th January, 2004 APPENDIX-6 B APPLICATION FOR REFUND OF APPLICATION FEE SUBMITTED THROUGH ELETRONIC FUND TRANSFER (Please see paragraph 2.3 of this Handbook) FOR OFFICIAL USE File No………………………………. Date……………………………….. 1. Category under which refund of application fee is being claimed: (Please tick) (i) Deposited in excess of the specified scale :……………………………………. (ii) Deposited in error but the applicant is exempt from payment of fee OR :……………………………………. (iii) Deposited but no application has been made :……………………………………. 2.. In case the refund is claimed under category 1 (i) above, the following details may be furnished: (i) Application No. : …………………………………... (ii) CIF value of the license applied for OR : ………………………………….. (iii) DEPB applied for : ………………………………….. (iv) Fee payable at the prescribed scale. : …………………………………. (v) Excess fee paid for which refund is claimed : ………………………………… 3. In case the refund is claimed under category 1 (ii) above, the following details may be furnished: (i) Application No.: : ………………………………… (ii) Amount of fee paid :Rs.………………………………… (iii) Provision under which the exemption is being claimed: (Please, specify only one of the five category as given in Clause 5(3) of Foreign Trade (Regulation) Rules, 1992) : …………………………………... …………………………………... ………………………………….. …………………………………. 4. In case the refund is claimed under the category 1 (iii) above, the reasons for not making an application after depositing the fee: …………………………………….. …………………………………….. …………………………………….. …………………………………….. i) e-com number ……………………………………. ii) Amount of fee paid ……………………………………. iii) Reasons for not applying after depositing fee ……………………………………. ……………………………………. 5. i) Name of Bank where payment made. ……………………………………. ……………………………………. ii) No. and date of the Bank payment ID in which the application fee has been deposited. ……………………………………. ……………………………………. ……………………………………. 6. Licensing Authority with whom the application has been files/was proposed to be filed:- …………………………………… …………………………………… 7. i) Has this application been filed within one year of the deposit of the fee: …………………………………… …………………………………… ii) If not, the detail reasons thereof ……………………………………. ……………………………………. 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 therefrom. 2. I/We fully understand that any information furnished in the Application if proved incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted. 3. I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed thereunder, the Export and Import Policy and the Handbook of Procedures. 4. I hereby certify that I am authorized to verify and sign this declaration as per Paragraph 9.9 of the Policy. Signature of the Applicant Place: Date: Name ………………………………… Designation ………………………………… Official Address …………………………………. ………………………………….. Residential Address ………………………………. ………………………………. Tele. No. ……………………………… E. Mail Address………………………………. Bank Certificate to be enclosed with the application form against particulars mentioned at S. N0.5 above. Appendix -29-A. Procedure of Electronic Fund Transfer (Procedure for deposit/refund of Import Application fees through Electronic Fund Transfer for notified schemes through designated banks) 1. Applicability to Schemes banks. This procedure will be applicable for deposit of application fees in the case of Advance license and EPCG to begin with. Other schemes may be added in due course. Exporters may pay through designated banks on website. At present the State Bank of India, ICICI and HDFC banks have been designated to accept funds by way of Electronic Fund Transfer (EFT). The banks and schemes where payment can be made through Electronic Fund Transfer (EFT) under this regime shall be further notified from time to time. 2. Mode of filing Application shall have to be filed electronically where net banking payments facility is being used, i.e. application particulars shall have to be submitted on the DGFT web site with digital signature. 3. Scale of Application fee. PARTICULARS Amount of fee (in rupees) 1. Application for import license (except for DEPB and EPCG) where CIF value of goods specified in the application does not exceed Fifty thousand. Two hundred. 2. Application for import license where CIF value of goods specified in the application exceeds Rupees Fifty Thousand. Two per thousand or part thereof subject to minimum of Two hundred and maximum of One lakh and fifty thousand. However, for applications filed electronically, the max. fee would be Rs. One lakh. 3. Application for import license filed by SSI units where the CIF value of goods specified in application does not exceed Rupees Two lakhs. Two hundred. 4. Application for Duty Entitlement Passbook (DEPB). Five per thousand of duty credit subject to a min. of Rs. Two hundred. 5. Application for grant of duplicate license including Duty Entitlement Pass Book. Two hundred. 6. Application for issue of certificate of Importer/Exporter Code Number (IEC) One thousand. 7. Application for duplicate copy of IEC No. Two hundred. 8. Application for issue of an Identity Card. Two hundred. 9. Application for issue of duplicate Identity Card. One hundred. 10. Application for revalidation of an import license. Two hundred. 11. Application for Export Promotion Capital Goods (EPCG). Five per thousand of duty saved subject to a min. of Rs. Two hundred. Notwithstanding the above, the application fee for all applications filed electronically would be 50% of the amount specified in this table. Application shall be taken as electronically filed if the application particulars are submitted online on DGFT web-site with digital signature. Presently Electronic Fund Transfer is being operated for Advance licenses and EPCG. 4. Mode of Deposit For electronic filling of application exporter/importer needs to access the website of the DGFT. An e-com number is generated. The DGFT website on completion of details would prompt if e-payment is to be made. If the exporter wants to move to Electronic Fund Transfer (EFT) for application fees he should be aware that he cannot change his licensing office. If EFT prompt is accepted, the website will transfer the exporter to the particular designated bank chosen for submission of application fees. The exporter would need to have an account with the bank, an ID and password from the bank. On successful validation of his ID, Password and request for submission of the fees the exporter`s account gets debited. The bank will generate a Payment ID and amount shall thereafter stand reflected in conjunction with e-com number, name of party in the sever of DGFT. A successful message by the bank shall show on the exporters account. The payment shall thereafter stand completed with regard to the concerned e-com number. In case the exporter needs to add further payments against the particular e-com number he may do so within the same day i.e. upto 24.00 hrs. For each additional payment the bank shall generate a unique payment ID. Against one e-com number only one bank shall be required to make all payments. 5. Exemption from Payment of fee. No fee shall be payable in respect of any application made by such class or category of applicant as specified in the Foreign Trade (Regulation) Rules, 1933. 6. Refund of Application fee 1. The fee once received will not be refunded except in the following circumstances viz., a) Where the fee has been deposited in excess of the specified amount of fee; or b) Where fee has been deposited but no application has been made; or c) Where the fee has been deposited in error but the applicant is exempt from payment of fee. 2. Processing of refund of fee submitted through net banking shall be through an application in hard copy as per form given in Appendix 6-B. This may be submitted to the licensing authority against whom the e-com number has been generated. 3. On receipt of application the licensing authority shall pass refund after they have verified from the Pay and Accounts Office, Ministry of Commerce Industry, New Delhi that the amount was credited to the Government of India. 4. No claim for refund of application fee shall be entertained by the licensing authority after expiry of one year from the date of payment to the concerned bank. However, on merits, for reasons to be recorded in writing, the licensing authority may condone the delay but in no case shall an application for refund of fees be entertained after the expiry of three years with regard to the date as mentioned above. 5. Refund Order of fees will be valid for three months from the date of issue. Request for revalidating the same may be considered on merits by the authority which issued the Refund Order. 7.Contact Persons For further clarifications at DGFT end please contact Shri A.K. Taneja, Joint DGFT, Directorate General Foreign Trade, Udyog Bhawan, New Delhi. Phone No. 23011671, e-mail:- [email protected] and Shri N.K.Dhingra, Deputy DGFT, Directorate General of Foreign Trade, Udyog Bhawan, New Delhi. Phone No .23016262/344, e-mail :- [email protected] . For banking clarifications nodal officers of :- ICICI bank are :- i) Shri Rajib Ranjan, Phone No. 91 11 2430 8416, E-mail :- [email protected] and ii) Satish Mohan, Phone No. 91 11 2430 8408, E-mail:- [email protected] HDFC Bank are :- i) Shri Pankaj Gaikwad, Phone No. 022 - 28524900 ( Ext. 1840 ) E-Mail :- [email protected] , ii) Shri Sameer Gawande, Phone No. 022-28524900 ( Ext 1530 ) iii) Shri Rakesh Watal, Phone No.022-28524900 (Ext 1509 ), E-mail :- [email protected] State Bank of India are:- i) Shri S.K. Gupta, Asst. Genl. Manager(Business Control) Phone No.022-22022487 E-Mail:- [email protected] ii) Shri K.M. Trivedi (AGM-DO Planning) Phone No.022-22868210 E-Mail:- [email protected]