Amendments in Appendices & Aayat Niryaat Forms pertaining to Chapter 7 of FTP/HBP 2015-20 - reg. - DGFT - 37/2015-20

GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DEPARTMENT OF COMMERCE PUBLIC NOTICE No. 37/2015-2020 NEW DELHI, DATED THE 4th September, 2018 Subject: Amendments in Appendices Aayat Niryaat Forms pertaining to Chapter 7 of FTP/HBP 2015-20 - reg. In exercise of powers conferred under Paragraph 1.03 of the Foreign Trade Policy 2015-2020 , as amended from time to time, the Director General of Foreign Trade hereby makes amendments in Appendices Aayat Niryaat Forms (ANFs) pertaining to Chapter 7 of Handbook of Procedures 2015-2020 . This shall come into force with effect from 5 12.2017. 2. The amended Appendices and Ayat Niryat Forms pertaining to Chapter 7 of Handbook of Procedures 2015-2020 are annexed to this Public Notice. Effect of this Public Notice: Amendments have been made in Appendices Aayat Niryaat Forms (ANFs) pertaining to Chapter 7 of Handbook of Procedures 2015-2020 in light of implementation of GST and updation in FTP/ HBP consequent upon Mid-Term Review on 5.12.2017. (Alok Vardhan Chaturvedi) Director General of Foreign Trade Ex-officio Addl. Secretary to the Govt. of India Email: [email protected] [Issued from File No. 01/92/180/34/AM18/PC-V] APPENDIX-7A List of Agencies / Funds notified by the Department of Economic Affairs, Ministry of Finance (Please see Para 7.02 (e) of FTP) A list of Agencies / Funds notified by the Department of Economic Affairs, Ministry of Finance vide Public Notice No. 1(FT)/DEA/2010 dated 05.05.2010 and which are entitled for Deemed Export Benefits under FTP. 1. International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA). 2. Asian Development Bank (ADB). APPENDIX-7B (Please see Para 7.02 (g) of FTP) A list of Agencies notified under Customs notification no. 84/97-Customs dated 11.11.1997, where supplies are made to United Nations or an International organization approved by Government of India in pursuance of section 3 of United Nations (Privileges and Immunities Act), 1947 and entitled for Deemed Export Benefits under FTP. 1. United Nations Development Programme 2. United Nations International Children's Fund 3. Food and Agricultural Organisation 4. International Labour Organisation 5. World Health Organisation 6. United Nations Population Fund 7. United Nations World Food Programme 8. United Nations Industrial Development Organisation APPENDIX-7C FORMAT OF PROJECT AUTHORITY CERTIFICATE (Please see Para 4.1.3 of FTP, 7.02(d) of HBP ANF-7A) I ................................... (Name and Designation) am duly authorized to issue the Project Authority Certificate. I hereby certify that M/s. ...................................... have been awarded a contract for supply of goods of value, quantity and description mentioned below for total value of Rs.................. (in words ............................ ) against purchase order No. ........................ dated ................... It is certified :- (a) That supplies under contract No...... Dated........ are to be made in India to a project financed by multilateral or bilateral Agencies/ Funds namely ............ which has been notified by the Department of Economic Affairs, Ministry of Finance vide their Reference No...... Dated ........ and the same is under the procedure of International Competitive Bidding in accordance with the procedure of the above mentioned Agency/Fund, legal agreement of which provides for tender evaluation without including the customs duty in accordance with the provision in Para 7.02(e) of the FTP, read with APPENDIX-7A ,and that the import content of the order is Rs.(figure and words .....................). Supply and installation of goods and equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies/funds as notified by Deptt. of Economic Affairs, Ministry of Finance under International Competitive Bidding in accordance with the procedures of those agencies/funds, which the bids may have been invited and evaluated on the basis of Delivered Duty Paid (DDP) prices for the goods manufactured abroad. (b) That supplies under the contract are to be made to a project/purpose namely ...................., import to which is permitted at zero basic customs duty, by the Ministry of Finance vide Notification No dt , and the same is under the procedure of International Competitive Bidding, but if procured domestically, then the benefit of Deemed Exports has been prescribed in accordance with the Para 7.02(f) of the FTP 2015-20, and that the import content of the order is Rs. (figure and words.........................................). (c) That supply of goods under the contract made to mega power project in India, at S. No. .................. of list 31 at Sl. No. 598 of Department of Revenue Notification No. 50/2017-Customs dated 30.6.2017, as amended, is under the procedure of ICB or requisite quantum of power has been tied up through tariff based competitive bidding or project has been awarded through tariff based competitive bidding in accordance with the provisions of Para 7.02(f) of FTP 2015-20, and the import content of the order is Rs (Figures and words). (d) That supply of the goods to projects funded by UN agencies in accordance with the provisions of Para 7.02(g) of the FTP, read with APPENDIX-7B , and that the import content of the order is Rs.(Figures and words ......................). (e) That supply of goods to specified nuclear power projects under the procedure of Competitive Bidding is made in accordance with the provisions of Para 7.02(h) of FTP, and the import content of the order is Rs. (Figures and words ........................) 2. It is further certified that the contract No ........... Dated................. in respect of ..................... (Name of the project) has been awarded to M/s.................. as the Indian/ Foreign main contractor and M/s.............. are the sub-contractor, whose name is also included in the main contract before the date of supply. The description, quantity of the goods as described below to be supplied to us directly by the sub-contractor or to be supplied by the sub contractor to the main contractor is shown in the main contract and is in accordance with the relevant Policy/Procedure applicable to such contracts. It is further certified that the payment in respect of the goods to be supplied by the sub-contractor will be made directly by us/ main contractor in Indian Rupees. (Relevant only for contract at Para 1(a), (b), (c), (d) and (e) for which ANNEXURE to APPENDIX-7C be furnished.) PARTICULARS OF SUPPLIES TO BE MADE a) By the main contractor S. No. Description of item to be supplied Quantity (1) (2) (3) a) By the Sub-contractor S.No. Description of item to be supplied Quantity (1) (2) (3) 3. It is also certified that no other similar certificate to any other party has been granted for the same supplies detailed above, under the same contract referred to above. Signature ............................... Name and Designation...................................... Name of the project ................................... Seal .. Telephone Number .. E-mail .... ................ Address ..... . ... Fax No. . ..... . Place Date Note: (1) Delete whichever is not applicable. (2) Each Project Authority Certificate should bear a serial number. (3) This certificate is to be signed by the Chief Executive of the project concerned or by a senior officer specifically authorised by him for this purpose whose name, designation are circulated to the Regional Licensing Authority concerned. The responsibility for sending timely advice of changes in the names of the nominated officers will solely rest with the project authority concerned. (4) In the case of supplies to be made by a sub-contractor whose name is included in the main contract, his name should also compulsorily be indicated in Para 2 with details of supplies to be made by him, alongwith the name of the main contractor. (5) In cases, where licences are to be obtained from more than one Regional Licensing Authority in respect of supplies covered by the same Project Authority Certificate, a self certified copy of the Project Authority Certificate ( PAC ) in place of the original PAC may be accepted by the Regional Licensing Authority. This will be certified by an officer who is authorized to file an application for licences on behalf of the company. While submitting the self certified PAC, the officer concerned will also intimate where the original PAC has been submitted so that the Regional Licensing Authority may correspond with the other Regional Licensing Authority. (6) In case of supplies under Lease financing agreement, the Project Authority certificate shall be jointly signed by the Project Authority and Lease financing. ANNEXURE CERTIFICATE BY THE MAIN CONTRACTOR TO THE SUB CONTRACTOR It is certified that the contract No. ............ dated ........... in respect of ...................... (Name of the project) has been awarded to M/s ............................. as the Indian/Foreign main contractor and M/s ......... ............ as the sub- contractor, whose name is certified in the main contract, before the date of supply. The description and quantity of the goods as described below to be supplied directly by the sub-contractor to the project authority or to us is shown in the main contract and is in accordance with the relevant Policy/procedure applicable to such contracts. It is further certified that the payment in respect of the goods to be supplied by the sub-contractor will be made directly by the Project Authority/ us. PARTICULARS OF SUPPLIES TO BE MADE (a) By the main contractor S. No. Description of item(s) to be supplied Quantity Value CIF Content (b) By the sub-contractor S. No. Description of item(s) to be supplied Quantity Value CIF Content Signature: .. Name of Authorised Signatory: . Designation: . Name of Main Contractor Telephone Number . E-mail . Address ..... Fax No. .. Place Date APPENDIX-7D FORMAT OF CERTIFICATE OF PAYMENTS (Please see Para 7.03 (g) of HBP ANF-7A) FORM-I Certificate of Payment to be Issued for supply of goods falling under categories (e), (f), (g) and (h) of Para 7.02 of The FTP by The Project Authority to Main Contractor/sub-contractor(s). or By Main Contractor to Sub-Contractor(S) This is to certify that: (i) I................................... (Name and Designation) am duly authorized to issue the payment certificate by company/firm. (ii) The goods of quantity and value as described in contract No ..dated and supply Invoices have been supplied to us against purchase order No.......................dated ............ the details of suppliers are given below. (iii) The supplies have been made in accordance with the conditions mentioned in the Project Authority certificate issued to the supplier on (iv) Such supplies are covered under Para 7.02 (e), (f), (g), (h) of FTP (mention whichever is applicable). (v) The name of the sub- contractor has been included in the main contract itself, before the date of supply, and the description, quantity and value of the goods which has now been supplied to us or to the main contractor, has already been indicated in the main contract. These supplies conform to the specifications laid down in the main contract. (vi) We have accepted the supplies at the Project site/factory at the price stated in the invoice. (vii) We have paid to the suppliers, namely, M/s............................ the sum of Rs.(figures and words.................................) on............. (Date) being ............................ per cent of the value of the goods/ equipments/ capital goods supplied as per terms and conditions of the contract No................ dated............ entered into with the suppliers. Signature ................................................... Name ................................................... Designation ................................................... Name of the Project............................................. Telephone Number . E-mail ...... Address .. Fax No. . Place Date Note : This certificate should be signed by the Chief Executive In charge of the Project concerned or by a senior officer specially authorized by him for this purpose. S.NO. DESCRIPTION OF GOODS Qty INVOICE NO. DATE FOR VALUE DATE OF PAYMENT FORM-II (UNDERTAKING TO BE GIVEN BY THE APPLICANT) 1. We, M/s.............................. undertake in respect of our application dated........ against................ (description of goods) supplied to/received from ..................... (name of buyer/supplier), that :- (a) particulars stated in the application dated ............................ are correct; (b) the goods as mentioned in application have been supplied to/received from ..................................... in terms of the contracts referred. (c) the payment against these supplies have been received/made; and (d) supplies have been made/received at the prices indicated in Contract No........ dated ............. (2.) If at any future date we, the supplier, are required to refund any amount to the buyer, namely....................... on account of non-satisfactory performance of the equipment during the guarantee period or on account of replacement of defective parts as per contractual agreement, we shall send an intimation to the Regional Authority concerned within 30 days giving full particulars of such refund. Or If at any future date we, the recipient, are required to return any goods to the supplier, namely. ....................... on account of non-satisfactory performance of the equipment during the guarantee period or on account of replacement of defective parts as per contractual agreement, we shall send an intimation to the Regional Authority concerned within 30 days giving full particulars of such return. (3.) We, the applicant, shall refund to the Regional Authority proportionate amount in respect of the amount refunded to the Project Authority/goods returned back. Signature ................................................... Name (In Block Letter)........................................... Designation ................................................. Telephone Number . E-mail Address ... Fax No. .. Place Date APPENDIX -7E Format for Fixation of Drawback Rate DBK - I -STATEMENT Description of the Product supplied ---------------------------------------- `as per Invoice consist of raw materials/components used in manufacturing of the resultant product. S. No. Name of the material/ component Quality /Technical characteristics Whether imported or indigenous Unit Gross qty. required Wastage Qty Irrecoverable Recoverable 1 2 3 4 5 6 7 8 Sale Price of waste per unit of Qty By Product/ co-product Net wt. of the material Remarks Qty. Sale value per unit 9 10 11 12 13 Give convenient units by which goods are invoiced for supply (e.g. per ton, per dozen/Pcs., per Sq. meter etc). Notes:- 1. The Units of quantity to be furnished in Col.5 should be given in such a manner that it could be related to DBK-II Statement. 2. Maintenance stores/materials such as lubricating oil, greases, fuel etc. which are employed to run the machinery and plant should be excluded. 3. The data for packing materials should be for the same unit quantity for which data for export product for raw materials and components have been given. 4. Only those raw materials/components etc. to be indicated for which proof of payment of Customs duties is shown in DBK-II. Details of such inputs need not be given where no benefit of duty paid is claimed because of absence of proof of duty. Only a brief mention of such inputs being used would be sufficient. Certificate Required For DBK -I Statement I. On behalf of the applicant, I hereby certify that the materials as mentioned above are actually required and being used for production of export product. Signature _________________ (Name Designation of the Chief Executive/Production incharge (with seal.) Station _____________ Date: --------------------- II. It is certified that (To be given by an independent Chartered Engineer/cost Accountant): a) The consumption of various materials shown in DBK-I has been examined by us and these are actually required and being consumed in the factory of production for manufacture of export product supplied as checked by us on verification of the production process and relevant technical and related documents; b) The imported materials above shown in DBK-I are being actually used in the manufacture of the export product supplied and are not being substituted by indigenous materials; c) The wastage /co-product/by-product claimed are as per production process in the factory. There is no suppression of co-product/by-products. The wastages claimed in our views are reasonable and are comparable to the general norms for the industry. Where wastages are considered high, an indication of the normal wastage in the industry has been indicated by us, under 'Remarks' column. Signature____________________________ Name_______________________________ Designation__________________________ Address_____________________________ Branch of Engg. in which qualified: _____________________ Place Date Name Address of the institution under which registered ________ Ref. No. and date of membership. _________________________ DBK- II Statement Direct import of materials/components made by the manufacturer and foreign materials obtained locally by the manufacturer during the period commencing three months prior to the date of supply /first supply upto the date of application, for manufacture of ______________________ (Name of export product supplied). S.No Description Technical characteristics S.No. in DBK 1 statement B/E No. date under which imported Name of the Customs House Unit Qty. imported originally Assessable value 1 2 3 4 5 6 7 8 9 Heading No. in Customs Tariff Act, 1975 Rate of duty Country from which imported and name of supplier Is assessment final Basic custom duty Name and full address of the supplier in case the foreign material/ Components obtained locally Remarks 10 11 12 13 14 15 16 Notes: 1. Minor items which do not contribute to any significant proportion to the expected drawback rates may be ignored, at the discretion of the applicant. 2. If the assessment against any B/E is not final the nature of dispute may be clearly indicated supported by appropriate letter from concerned customs authorities. Normally no DBK is admitted for provisionally assessed B/Es. 3. Refund application made against any B/E, with details must be indicated. 4. Stock position of the above materials/Components also to be given separately (in linked statement II-A). CERTIFICATE REQUIRED FOR DBK II STATEMENT Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims for refund of duty in respect of any of the above mentioned bills of entries (other than whose details are furnished) has been or will be lodged with the Customs Authorities. Signature Signature and Stamp of independent _____________ Chartered Accountant/Cost Accountant (Name Designation of the Chief Executive/ Production in-charge (with seal) Place: Date: DBK- IIA - Statement Details of procurements relating to stock of imported materials as on commencement *date (*the date three months prior to the date of supply/first supply required for the manufacture of ____________________________(Name of export product supplied). S.No. Description Technical characteristics S.No. in DBK 1 statement B/E No. and date covering the imported stock Name of the Customs House Unit Qty. imported originally Assessable value 1 2 3 4 5 6 7 8 9 Heading no. in Customs Tariff Act, 1975 Rate of duty Country from where imported name of supplier Is assessment final Basic custom duty Name and full address of the supplier in case the foreign materials/ components obtained locally Stock as on ___ Remarks 10 11 12 13 14 15 16 17 Note:- 1. In this statement furnish details of stock of all the imported inputs mentioned in statements II which were in stock 3 months prior to the date of supplies of the final product and how these were imported/procured. (Actual stock to be given under Col.16, with procurement details in other Columns). 2. If the assessment for any of the inputs in stock as shown is not final, the nature and current status of dispute may be clearly indicated. (Normally no DBK for provisionally assessed B/E are admitted). 3. Refund applications made if any for procurement shown in stock with details to be indicated. 4. Photocopies of all Bills of Entries mentioned above must be enclosed. CERTIFICATE REQUIRED FOR DBK II A STATEMENT Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims for refund of duty in respect of any of the above mentioned bills of entries has been or will be lodged with the Customs Authorities. Signature and Stamp of independent Chartered Accountant/Cost Accountant Signature ___________________ (Name Designation of the Chief Executive/ Production Incharge (with seal) Place: Date: APPENDIX-7F FORMAT FOR MONTHLY STATEMENT OF DISBURSEMENT OF TED / DBK / INTEREST (Please see Para 7.10 (c) of HBP) Name of the RA ___________________ Report for the month_______________ 1 2 3 4 5 6 7 S.No. Name of the applicant Category of Claim Date of approval letter Date of Payment Amount of Payment Reason(s) for payment of interest Principal Interest Principal Interest TED DBK Name of officer: Designation: Tel No: E-mail: Date: ANF-7A APPLICATION FOR CLAIM OF TED REFUND / DUTY DRAWBACK / BRAND RATE FIXATION (Please tick whichever is applicable) (Application shall be filed online once the software is ready) 1. IEC No Branch Code: 2. Applicant details: (i) Name of the firm/company (ii) Full address (iii) Contact Number (iv) E-mail address 3. Bank s details: (i) Name of the Bank (ii) Address of the Bank (iii) IFSC code (iv) Nature of account(SA/CA) (v) A/c Number (vi) Telephone / Fax No. 4. (a) Excise Authority details: (i) Excise Registration No (ii) Address of the jurisdictional Central Excise Authority (iii) Contact details of Excise Authority (iv) Amount of excise duty paid during last year (v) Product registered for manufacturing activities (b) Jurisdictional Customs Authority details: (i) Address of the jurisdictional Customs Authority (ii) Contact details of Jurisdictional Customs Authority (iii) Amount duty paid during last year (iv) Product registered for manufacturing activities 5. Application for: (i) Refund of Terminal Excise duty (ii) Refund of Duty Drawback as per AIR (iii) Fixation of brand rate for duty draw back 6. Application is made by: (i) Supplier of goods (ii) Recipient of goods 7. Supply details: (i) Description of goods (ii) Category of supplies under Para 7.02 of FTP 8. If application is for refund on TED Sl. No. Inv. No. Date of Description of item(s) of supply Quantity Quantum of TED Late cut, if any Net claim Supply Payment (Provision to be made to add multiple invoices) 9. Deleted 10. If supply towards discharge of export obligation to Advance Authorisation Holder against Invalidation letter and drawback is claimed on inputs either imported or procured locally on payment of duty: Whether, in the application for Advance Authorisation for intermediate supply, it was declared that such inputs to be procured locally /imported on payment of duty? Yes/No 11. If answer to Col. No 10 is yes, Advance Authorization no. date and File. no. under which it was issued. 12. Whether claim is made within the prescribed time 13. If not, rate of late cut as per Para 9.02 of HBP 14. If claim for refund of TED is made by supplier: Whether CENVAT credit has been availed by recipient? 15. If claim for refund of TED is made by recipient: Whether CENVAT credit has been availed by him? 16. Deleted 17. Deleted 18. In case of claim made against supply under Para-7.02(a) (c) whether authorization number and date figure in the supply invoices/ARE 19. If the application is for fixation of brand rate: (i) Claim is made for basic customs duty. 20. If answer to Col. 19 is yes, Whether: 1. Inputs/components were imported directly : 2. Imported inputs/component used from stock/ out sourced locally: 21. DBK-I Statement SL No Name of the materials/ Components Quality/ Technical Characteristics Whether imported/ indigenous Unit Gross Quantity required Wastage Quantity Irrecoverable Recoverable 1 2 3 4 5 6 7 8 Sale Price of waste per unit of Qty By Product/ co-product Net wt. of the material Remarks Qty. Sale value per unit 9 10 11 12 13 22. Statement of inputs/components used, either imported or imported materials procured locally ** S.No Description Technical characteristics S.No. in DBK-I statement B/E /Invoice No date under which imported/procured Name of the Customs House/Excise Authority Unit Qty. imported/procured locally Assessable value 1 2 3 4 5 6 7 8 9 Heading No. in Customs Tariff Act, 1975 Country from which imported / name of supplier Name and full address of the supplier in case the foreign material/ Components obtained locally Rate of Duty Is assessment final Total amount of duty paid (basic custom duty) Remarks 10 11 12 13 14 15 16 ** Only inputs which were imported/ procured and consumed during the period commencing 90 days prior to the date of supply(s) shall only be taken into account for such claim. A separate work sheet as per DBK form II, II(A), and certificates attached thereto duly certified by Chief Executive/production in-charge shall be submitted, as given in the APPENDIX-7E 23. Check List of documents to be attached duly scanned or submitted in the physical form at counter: (1) (a)Copy of Invoices or a statement of invoices duly signed by the units receiving the excisable goods and attested by Central Excise Authorities, as per the procedure prescribed by CBEC in their circular 15/2008-Cus. dated 26.9.2008. To facilitate attestation by Central Excise Authorities, intimation regarding receipt of goods should be given to the said authorities within 48 hours of receipt of goods. Corresponding ER-1/ER-3 or a monthly statement confirming duty payment attested by excise Authorities or Invoices/statement of Invoices certified by Jurisdictional Central Excise Authority of recipient. (b) In case of supply of non-excisable goods, copy of Tax invoices as prescribed under GST Rules or a statement of invoices duly signed by the units receiving the goods and attested by Jurisdictional Customs Authorities, as per the procedure prescribed by CBEC in their circular 15/2008-Cus. dated 26.9.2008. To facilitate attestation by Jurisdictional Customs Authorities, intimation regarding receipt of goods should be given to the said authorities within 48 hours of receipt of goods. (2) In case supply of goods to EOU/EHTPI STPI BTP, procedure prescribed in Circular No-14/14/2017-GST dated 6th November, 2017 issued by GST Policy Wing, Central Board of Excise and Customs, Department of Revenue shall be followed, Accordingly, copy of Form A along with copy of Tax Invoice duly endorsed by recipient shall be considered as proof of deemed export supplies, (3) Self certified copy of B/Es (4) Proof of payment through e-BRC/Bank Certificate of Exports and Realisation as per APPENDIX-2U or Payment Certificate issued by Project Authority in APPENDIX-7D in original, as the case may be. (5) PAC issued by the Project Authority in original as per APPENDIX-7C or File No. where the original has been submitted. (6) Copy of contract if supplies were to Project Authority or supplier s copy of original ARO or recipient s copy of original Invalidation Letter (if supply against ARO/Invalidation Letter issued against AA /DFIA/EPCG, as the case may be). (7) Non-availment of CENVAT credit certificate as per ANNEXURE-I , by the recipient of finished goods (in case claim for TED). (8) Deleted (9) Declaration/disclaimer certificate from supplier, in case claim is filed by recipient of goods and from recipient of goods, if claim is filed by supplier of goods, as per ANNEXURE-II. (10) Statement of supplies for Fixation of Drawback Rate as per APPENDIX-7E . 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 F.T. (D R) Act, the Rules and Orders framed there under, the FTP, HBP, SION and the ITC(HS) Classification of Export Import Items. 3. I/we further declare that the claim made by me/us is not a matter of right and I/we shall immediately refund the amount of TED/drawback obtained by us in excess of any amount/rate which may be re-determined by concerned RA / DGFT/Government as a result of post verification/Audit objection or otherwise. 4. None of the Proprietor/Partners(s)/Director(s)/Karta/Trustee of the firm/company has come under the adverse notice of DGFT or is in the caution list of RBI. 5. None of the Proprietor/Partners(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 under the adverse notice of DGFT or is in the caution list of RBI, to the bestof my knowledge. 6. I / We hereby declare that no export proceeds are outstanding beyond the prescribed period as laid down by RBI or such extended period for which AD/RBI permission has been obtained. 7. I/we further declare that the goods supplied are excisable goods but no CENVAT credit is availed/ available to the recipient of goods. (In case of items covered under schedule 4 of the central excise Act 1944). 8. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.06 of the FTP. Signature of the Applicant Name Designation Official Address Telephone/Mobile No Residential Address Email Address Place Date ANNEXURE-I DECLARATION FOR CLAIMING BENEFIT OF TERMINAL EXCISE DUTY (TED) It is certified that no CENVAT credit under the Central Excise Rules has been availed by us, nor will be availed in future, on supply of these items as per the application. Signature (Authorized Signatory): Full Name: Designation: Name of the company: Telephone Number: E-mail Address: Fax No: Note: To be given on the letter head of the recipient of goods. ANNEXURE-II Deleted ANNEXURE-III DISCLAIMER CERTIFICATE FOR NOT CLAIMING DEEMED EXPORT BENEFITS We hereby declare that we have neither drawn nor will draw any benefit of deemed export on supply of goods as declared/to be declared in the application for claim of deemed export benefits and we have no objection if M/s (Name and address of the recipient/supplier, as the case may be) draws the deemed export benefits on such supply of goods as mentioned in the application. (Either party will have to give disclaimer in favour of other for not claiming benefits of deemed export against supply of goods as declared in the Application for claim. The disclaimer is to be submitted on the letter head of the firm/company) Yours faithfully, Signature (Authorized Signatory) Full Name Designation Name of the company Telephone Number E-mail Address Fax No ANNEXURE-IV FORMAT OF CERTIFICATE TO BE ISSUED BY PUBLIC SECTOR OIL COMPANIES CERTIFYING AMOUNT OF TED PAID BY EOU / PROJECT ON PURCHASE OF HSD FROM THEIR DEPOTS: I _________ (name of authorized signatory of PSU Oil Company) hereby declare that we (name of the Company) have supplies HSD to M/s. __________(Name of EOU/Project) from our depot at-------- __________as per details given below. Description Invoice No. Invoice Date Quantity Value Total Duty paid (with breakup of components) Disclaimer Certificate: We hereby certify that we are not claiming any deemed export benefits on the above supplies and we do not have any objection if _______ (Name of EOU/Project) claims deemed export benefits. Authorized Signatory (With full name and Designation) ANF-7B 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)/EHTP/STP/BTP (Please see Para 7.10 (b) of HBP) 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 (ii) Amount of TED/DBK/CST claim 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 v) Amount claimed as DBK/TED/CST vi) Amount settled by Regional Authority/DC with cheque No. and date vii) 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). viii) 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 final approval of claim 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) Photocopy of approval letter for ripe claims. (ii) Intimation letter by which payment details have been communicated. (iii) Calculation sheet for interest claimed. DECLARATION / UNDERTAKING 1. I / We hereby declare that the particulars and the statement 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, Appendices ANFs, 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. None of the Proprietor/Partners(s)/Director(s)/Karta/Trustee of the firm/company has come under the adverse notice of DGFT or is in the caution list of RBI. 5. None of the Proprietor/Partners(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 under the adverse notice of DGFT or is in the caution list of RBI, to the best of my knowledge. 6. 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. 7. 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 may be prescribed in law or otherwise warranted. 8. I hereby certify that I am authorized to verify and sign this declaration as per paragraph 9.06 of Foreign Trade Policy. Place Date Signature of the Applicant Name Designation Official Address Residential Address Email: Telephone No.(O): GUIDELINES FOR APPLICANTS 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 to be filed within 90 days of the date of receipt of principal amount towards settlement of the claim. 3. Application has to be filed in ANF-7B. 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. i) Calculation sheet for interest claimed. Any additional document relevant for claiming interest on delayed payment