TaxTMI 
TaxTMI 
Manner of issue of duty credit for goods exported under the Scheme for Rebate of State and Central Taxes and Levies - duty credit under condition - duty credit, Cancellation of duty credit, Recovery of amount of duty credit, Recovery of amount of duty credit where export proceeds are not realised
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....of issue of duty credit for goods exported under the Scheme for Rebate of State and Central Taxes and Levies (hereinafter referred to as the Scheme), subject to such conditions and restrictions as specified herein, in accordance with Government of India, Ministry of Textiles' notification No. 12015/11/2020-TTP dated the 13th August, 2021. 2. Such duty credit shall be subject to the following conditions, namely:- (1) that the duty credit is issued - (a) against exports of garments and made-ups (hereinafter referred to as the said goods) and their respective rate and cap as listed in Schedules 1, 2, 3 and 4 to the notification of Government of India, Ministry of Textiles' notification No. 14/26/2016-IT (Vol.II), dated the....
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....e export categories or sectors listed in Table annexed hereto shall not be eligible for duty credit under the Scheme; (4) that the duty credit allowed under the Scheme, against export of goods notified vide notification No. 14/26/2016-IT (Vol.II), dated the 8th March, 2019 for the Scheme, shall be subject to realisation of sale proceeds in respect of such goods in India within the period allowed under the Foreign Exchange Management Act, 1999 (42 of 1999), failing which such duty credit shall be deemed to be ineligible; (5) that the imports and exports are undertaken through the seaports, airports or through the inland container depots or through the land customs stations which allow the bill of entry and shipping bill or ....
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....ods. 3. Cancellation of duty credit.- (1) Where a person contravenes any of the provisions of the said Act or any other law for the time being in force or the rules or regulations made thereunder in relation to exports to which the duty credit relates, or in relation to the e-scrip, the Principal Commissioner of Customs or Commissioner of Customs having jurisdiction over the customs station of registration of the e-scrip may, after enquiry, pass an order to cancel the said duty credit or e-scrip. (2) Where the e-scrip is so cancelled, the duty credit amount in the said e-scrip shall be deemed never to have been allowed and the proper officer of Customs shall proceed to recover the duty credit amount used in such e-scrip or transferred....
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....e said Act for the purposes of that section, within fifteen days of expiry of the said period. (2) In case any extension of the said period for realisation of sale proceeds has been given by the Reserve Bank of India and the exporter produces evidence of such extension to the proper officer, and if the said sale proceeds are not realised in such extended period, the exporter shall repay the said amount of duty credit along with the said interest, within fifteen days of expiry of the said period. (3) If a part of the sale proceeds has been realised, the amount of duty credit to be recovered shall be the amount equal to that portion of the amount of duty credit allowed which bears the same proportion as the portion of the sale proceeds ....
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....or duty credit, as mentioned in Explanation 1 of section 28AAA of the said Act; (e) "export manifest" or "export report" means the reference to the terms used in section 41 of the said Act; (f) "Foreign Trade Policy" means the Foreign Trade Policy, 2023, published by the Government of India in the Ministry of Commerce and Industry, vide notification No. 01/2023, dated the 31st March, 2023; (g) "garments and made-ups" shall have the same meaning as assigned to them in the Government of India, Ministry of Textiles' notification No. 12015/11/2020-TTP, dated the 13th August, 2021 notifying the continuation of Scheme for Rebate of State and Central Taxes and Levies on Export of Apparel/Garments and Made-ups (RoSCTL); ....
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....in Special Economic Zone/Free Trade Warehousing Zone 10. Goods manufactured in Special Economic Zone/ Free Trade Warehousing Zone/ Export Oriented Unit/ Export Processing Zone and exported through DTA unit 11. Goods manufactured partly or wholly in a warehouse under section 65 of the Customs Act, 1962 (52 of 1962) 12. Goods availing the benefit of the notification No. 32/1997-Customs, dated the 1st April, 1997 13. Goods for which claim of any duty credit is not filed in a shipping bill or bill of export ^5[or entry made electronically under section 84 of the said Act for exports by post processed] in the customs automated system 14. Goods that have been taken into use after manufacture or reconditioned/ upgr....