TMI BlogManner to issue duty credit for goods exported under the Scheme for Remission of Duties and Taxes on Exported Products (RoDTEP) Notified.X X X X Extracts X X X X X X X X Extracts X X X X ..... he Scheme ), subject to such conditions and restrictions as specified herein, in accordance with paragraph 4.01(e) of the Foreign Trade Policy (hereinafter referred to as FTP ). 2. Such duty credit shall be subject to the following conditions, namely:- (1) that the duty credit is issued - (a) in lieu of remission of any duty or tax or levy, chargeable on any material used in the manufacture or processing of goods or for carrying out any operation on such goods in India that are exported, where such duty or tax or levy is not exempted, remitted or credited under any other Scheme; (b) against export of goods notified in Appendix 4R (hereinafter referred to as the Appendix ) of the FTP, at the respective rate and cap notifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be subject to realization 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 bill of export to be presented and processed electronically on the customs automated system; (6) that the exporter has realised the sale proceeds against export of goods made earlier by the said exporter where the period allowed for realization, including any extension of the said period by the Rese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it 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 from such e-scrip. (3) The proper officer of Customs may, without prejudice to any other action that may be taken under this Act or any other law for the time being in force, suspend the operation of the said e-scrip or the electronic duty credit ledger of such exporter or any duty credit transferred from such e-scrip, during pendency of the enquiry under sub-clause (1). 4. Recovery of amount of duty credit. - (1) Where an amount of duty credit has, for any reason, been allowed in excess of what the exporter is entitled to, the exporter shall re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een realized, 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 not realized bears to the total amount of sale proceeds. (4) Where the exporter fails to repay the duty credit amount within the said period of fifteen days, the said duty credit shall be deemed never to have been allowed and it shall be recovered, along with the said interest, in the manner as provided in section 142 of the said Act. 2 [ **** ] 6. During the pendency of any recovery, as provided in clauses 4 and 5, no further duty credit, on any subsequent exports, shall be allowed to such exporter till the time such recovery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or export under Schedule-2 of Export Policy in ITC- HS 2. Export of imported goods covered under paragraph 2.46 of Foreign Trade Policy 3. Exports through trans-shipment, meaning thereby exports that are originating in third country but trans-shipped through India 4. Goods subject to minimum export price or export duty 5. Deemed exports under Foreign Trade Policy 6. Goods manufactured or exported by any of the units situated in Special Economic Zone/ Free Trade Warehousing Zone/Electronic Hardware Technology park/Bio-Technology park/ Export Process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e it was read as, (2) The duty credit amount that an exporter is so required to repay under sub-clause (1) shall be deemed never to have been allowed, and if the exporter fails to repay the said amount within a period of fifteen days along with interest so demanded, then the proper officer of Customs may, without prejudice to any action against the exporter, proceed for recovery of the said duty credit amount from the transferee in the manner as provided in section 142 of the said Act. 2. Omitted vide NOTIFICATION NO. 75/2022-Customs (N.T.) dated 14-09-2022 before it was read as, (5) The proper officer of Customs may, without prejudice to any action against the exporter, proceed for recovery of said duty credit amount from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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