Extension of time for filing of applications for fixation of Brand Rate of Duty Drawback for High Speed Diesel (HSD) supplied by domestic oil companies to EOU's prior to issue of Notification No. 20 dated 17.8.05. - DGFT - 20/2009-14

Circular No. 20/2009-14 Dated 01-01-2010 To All Development Commissioners of SEZs; All Regional Authorities Subject: - Extension of time for filing of applications for fixation of Brand Rate of Duty Drawback for High Speed Diesel (HSD) supplied by domestic oil companies to EOU's prior to issue of Notification No. 20 dated 17.8.05 . Reference is invited to this office letter Pt. F. No. Misc-12/AM-05/DBK Cell dated 5 th March 2008 addressed to DC, NSEZ on the above subject wherein it was inter-alia clarified that no new applications for fixation of Brand Rate of Duty Drawback for HSD should be entertained and applications already filed and pending in the office of DC, NSEZ as on 5 th March 2008 should be disposed off as per the directions given in the aforesaid letter (copy enclosed). Pursuant to the above, representations have been received from FIEO and individual firms pleading for equality of opportunity and seeking extension of time for filing applications for fixation of Brand Rate of Duty Drawback for HSD on the grounds that the criteria for fixing Brand Rate of Duty Drawback was communicated on 5.3.08 and the same date was also fixed as the cut off date for filing of applications and this date was not announced either by a Circular or Public Notice for information of the exporting community. The matter has been reconsidered and it has been decided to give one final opportunity, of three months time from the date of issue of this Circular, to enable the trade to file their applications, for fixation of Brand Rate of Duty Drawback for HSD supplied by domestic oil companies to EOU's prior to 17.8.05. The finalization of such applications shall however be subject to fulfillment of the prescribed conditions and careful scrutiny of all documents submitted in support of the claim so that no fraudulent applications are approved. This may please be brought to the notice of all concerned. This issues with the approval of Director General of Foreign Trade. Sd/- (Akash Taneja) Jt. Director General of Foreign Trade Tel: 23063195 e-mail:akash.taneja@nic.in (Issued from File No. Misc.34/AM-09/DBK Cell) Government of India Ministry of Commerce and Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhavan, New Delhi Pt. F.No.Misc-12/AM-05/DBK Cell/ Dated: March 2008 To The Development Commissioner NOIDA Special Economic Zone NOIDA-Dadri Road, Phase-II Noida - 201305 (Distt. Gautam Budh Nagar),UP Subject : Fixation of Brand Rate Duty Drawback for HSD Sir, Please refer to your letter No. NSEZ/HSD/43/07/1815 dated 18.12.07 addressed to the Secretary, Deptt. of Commerce (copy endorsed to this office) on the subject mentioned above. In the light of the decision already taken in the meeting chaired by the Commerce Secretary on 1.05.07, I am directed to advise you to fix brand rate for the item HSD as per provisions in Customs and Central Excise Duty Drawback Rules, 1995 taking into consideration the customs duty structure for the relevant period and the date for the relevant period will be furnished by application to your office for necessary action in the form of DOR/MOF Notification of Customs Tariff. It is further stated that brand rate duty drawback for HSD may be finalized on the basis of prevalent Customs Duty suffered on crude oil (to be arrived at on the basis of SION for HSD) during the relevant period. 2. It is clarified that above decision taken in the Commerce Secretary's meeting would be applicable only to the applications already filed and pending in the office of DC, NSEZ and no new application should be entertained. You are however, requested to verify from relevant FTP/HBP that Duty Drawback was payable on the supply of HSD to EOU's during the relevant period. 3. This issues with the approval of Commerce Secretary. Yours faithfully, (A.C. Jha) Dy. Director General of Foreign Trade For Director General of Foreign Trade