DGFT - Clarification on EODC on EPCG, Adv Lic and DIFA - Reg

[RAJAVARAPU NAGESWARRAO]

Dear Sir,

Good evening sir, our company is manufacturer exporter cum importer and obtained IEC, accordingly we have applied, EPCG, Adv Licence and DIFA. All licenses were obtained from 2001 to 2009 from DGFT, Hyderabad and completed / fulfilled export obligation as per statue and applied for EODC to concern jurisdiction DGFT as per prescribed period / time along with all original enclosures and obtained system generated acknowledgement from the department on day wise.

During 2012 the HYD DGFT office shifted from old premises to new premises. Now the EODC issue is pending from the department. Very recently (Since October 0215 on wards) we have approached respect JD / Staff for statue of our pending issue. They say files are not available / not traceable in DGFT office. Every time the officer saying same word.

In this context please give your valuable suggestion / opinion 'can we proceed (discharge of EODC) on our records (xerox copies). If so please arrange any relevant circular / public notice / trade notice or any case citation for further proceedings. We are awaiting for your valuable opinion on this issue.

Thanks & Regards,

R N Rao.

[CSSANJAY MALHOTRA]

Dear Mr. Rao,

Please drop an e-mail to present DG i.e. Mr. Anup Wadhwan at e-mail : [email protected] stating your grievances as u mentioned in first two Paragraphs. You concern will be addressed by the said office on priority.

No need to take up fresh. Let the concerned officers discharge their responsibility.

[Ramaiah Swamy]

Dear Mr. Rao,

1. I suggest you to submit one more sets of the documents available with you.
2. Based on the same, request the Hyderabad RA to issue the EODC.
3. If no reply is received even after one month, you may write to the DGFT directly to his mail ID... [email protected] with copy to Hyderabad RA.
4. You can also take appointment with the Hyderabad RA by writing a mail to him expressing the long pending nature of the issue and request him to settle the matter immediately.
5. By the by , is there any notice from customs authorities received by your company?
6. If so, inform customs of the pendency of the matter at Hyderabad JDGFT.
7. Also bring this to the notice of JDGFT, Hyderabad so that your matter may be taken up.
8. If nothing works out, file a writ petition seeking directions to the Hyderabad JDGFT to act on the pending matter.

All the best

[Suryanarayana Sathineni]

Dear Mr. Rao,

I fully agree with Mr. Ramaiah Swamy's view in this regard.To add further, I give the following points

1. I was recently met the Head of Hyd. DGFT and understand that the place they kept all the old files during shifting going to vacate shortly ( hope by this time they might have vacated) . It is good time for you to approach the officers and try to locate your files.
2. If your efforts are not fruitful, try to submit with a fresh covering letter by attaching xerox copies of your office copy of EODC applications with a request to process your request and issue the EODC without any further delay stating the facts of the case in detail in the fresh covering letter.
3. In case, if your receive any demand from customs, it is advisable to take a letter from the Head of your local DGFT confirming pending process of your applications due to shifting of the office to a new premises and advising customs not to insist for payment of duties for 3 months during which his office is going to process the files and issue the required EODC

Earlier on a similar situation, I got such a letter and submitted to the customs and sorted out the issue.

Hope the above points would help you in overcoming your problem

Regards

Surya

AI Summary

Manufacturer faces DGFT delays for Export Obligation Discharge Certificates due to misplaced files; considers legal and administrative actions. A manufacturer-exporter is facing issues with the Director General of Foreign Trade (DGFT) in Hyderabad regarding the pending issuance of Export Obligation Discharge Certificate (EODC) for licenses obtained between 2001 and 2009. The problem arose after the DGFT office moved in 2012, leading to misplaced files. The company seeks advice on whether to proceed using xerox copies of their records. Respondents suggest contacting DGFT officials via email, resubmitting documents, and potentially filing a writ petition if the issue remains unresolved. They also recommend informing customs about the situation to prevent any penalties.