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TMI BlogCircular No. 43/2016 Customs dated 31.08.2016 Rebate of State Levies on Export of Garments - Implementation by CBECX X X X Extracts X X X X X X X X Extracts X X X X ..... evies on garment exports is provided based on a budgetary allocation of the Ministry of Textiles under a scheme in which the Department of Revenue/ Central Board of Excise and Customs (CBEC) handles disbursement along with the extant Duty Drawback. 2. In pursuance Of this decision, and in consultation with C BEC and keeping in view inputs from Department of Legal Affairs, the Controllers of Accounts and the DG Systems (CBEC) on legal, administrative and infrastructure aspects, the Central Government (Ministry of Textiles) has issued Notification Nos. 12020/03/2016-IT dated 12.8.2016 and 31.8.2016 for the Scheme for Rebate of State Levies on Export of Garments, 2016 (ROSL scheme). Further, based on the recommendations of the Dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orts made under the general Advance Authorization Scheme with claim of duty drawback under Rule 6 of the Drawback Rules. The definition of export in ROSL scheme does not cover movement of goods from DTA to SEZ units. 5. In ROSL scheme, the rebate of State levies understood to comprise State VAT/ CST on inputs including packaging, fuel, duty on electricity generation and duties and charges on purchase of grid power, as accumulated through the stages of production from yarn to finished garments. The ROSL scheme is not mandatory for an exporter. Therefore, an exporter has to make a conscious choice to opt for ROSL scheme by making claim for rebate in acceptance of the ROSL schemes terms and conditions (including under this Circul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. The amount of rebate is calculated using the FOB value and the rates and caps of rebate specified in ROSL scheme. The rate and cap of rebate for a tariff item as shown in columns (4) and (5), - (a) of said Schedule I is used for calculation when shipping bill item has claim for AIR drawback or when the shipping bill item involves export under Rule 7 of Drawback Rules 1995 under claim for Brand Rate Of drawback with identifier 9807 followed by tariff item number and suffix 13 of the AIR Drawback Schedule where provisional Drawback of Customs portion is to be paid; (b) of said Schedule II is used for calculation when the shipping bill item has claim for AIR drawback in combination with Special Advance Authoriz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing arrangements to reflect the rebate amount in shipping bill check list, during export processing and in print out of post-LEO shipping bill and make available rebate related information to exporters on similar lines as being made available for Drawback. 10. The ROSL scheme provides that the exporter shall return any over- payment of rebate arising from miscalculation. It is also a condition Of the ROSL scheme that the rebate allowed is subject to the receipt of sale proceeds within time allowed under the Foreign Exchange Management Act, 1999 failing which such rebate is deemed never to have been allowed on the same lines as Duty Drawback, and any other cause that also affects the Drawback is deemed to have the similar effec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AC (Drawback), where applicable, are to be taken based on the status of actions/ decisions on the Drawback front. This is an area where the Commissioners have responsibility of close monitoring of the nature of actions being taken by the DC/ AC (Drawback), for ensuring proper record-keeping distinct from that for Drawback Scheme and for maintaining effective coordination with the Textile Commissioner so that actions remain logical and informed as the ROSL scheme has empowered the Textile Commissioner to have the amounts recovered as arrears of land revenue. Moreover, to ensure hundred percent effective communication the above mentioned endorsed letters or other documentary exchanges made with Textile Commissioner's office should necess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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