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Implementation of the Hon'ble Supreme Court's Judgment dated 27th Oct 2015 in Civil Application No. 554 of 2006 with regard to Target Plus Scheme (TPS) Scrips for the exports made in the year 2005-06 over 2004-05

Implementation of the Hon ble Supreme Court s Judgment dated 27th Oct 2015 in Civil Application No. 554 of 2006 with regard to Target Plus Scheme (TPS) Scrips for the exports made in the year 2005-06 over 2004-05 - DGFT - Trade Notice No.06/2018 - Dated:- 8-5-2017 - Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan, New Delhi Trade Notice No.06/2018 Date: 8th May 2017 To 1. All RAs of DGFT 2. Customs Authorities Subje .....

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ar. The Scheme provided for three slabs of entitlement of duty credit scrips: 5/10/15% based on the percentage incremental growth of exports: 25%/25-<100%/100% and above respectively. The Scheme was in operation for the years 2004-05 and 2005-06. b. Litigation & Judgment: In the TPS for 2005-06, Directorate General of Foreign Trade (DGFT), vide Notification No. 48 dated February 20, 2006 had made certain products ineligible for claiming the benefit under Target Plus Scheme (TPS) and vide .....

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tive only from the dates they were issued. c. Accordingly, the Government has approved implementation of TPS for 2005-06 as per the Judgment of the Hon'ble Supreme Court. Notification No.06/2015-2020 dated 8th May, 2017 has been issued in this regard. Accordingly, all RAs are directed to re-examine all the eligible claims/applications pending for TPS 2005-06 for issue of the balance claim/recovery of wrong claims as applicable after ensuring due diligence and ensuring genuineness of the expo .....

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the respective Zonal Committees for appropriate decision and the Head of such RA shall be a member for such cases in the respective Zonal Committees. ll. Due Diligence: The concerned Zonal Committee shall thoroughly scrutinize the claims to ascertain genuineness of exports by exercising due diligence. While processing such claims, the Committee will thoroughly check the claims having high growth in terms of percentage and/or value and against irregularities if any more specifically on the exclu .....

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orts made on or after 20.02.2006, TPS shall not be allowed in respect of the export products excluded under TPS vide the said notification. V. TPS Rate: The rate of entitlement to be considered shall be as per the Original provisions of the TPS existing before issuance of the Notification No.8 dated 12.06.2006. The Notification No.20 dated 13.07.2006, wherein the eligibility criteria for TPS was reduced from ₹ 10 crore to ₹ 5 crore w.e.f 01.04.2005, shall not be given effect. If ther .....

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The Duty Credit scrips can be used for import of goods as per Para 3.7.6 of FTP 2005-06 read with Para 3.2.5 of HBP, 2005-06. VIll. Pending dues to Government: In order to ensure that existing government dues, if any, are recovered from the eligible entities for which claims are now being settled based on the judgment of the Hon'ble Supreme Court, a certificate from these entities must be taken that no dues are pending to government/departments including DGFT. If any due is there, then it mu .....

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