DGFT - Notification No 52/2015-2020, dated 18th January 2023
Subject : Amendments in Para 4.42 of the Handbook of Procedures 2015-20
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DGFT hereby makes the following amendments in the provisions of Para 4.42 of Handbook of Procedures 2015-20.
| Para No | Existing Para | Amended Para | ||||||||
| 4.42 (d) | Extension in export obligation period for Authorisations issued under Appendix-4J shall be allowed for a period not more than half of the stipulated export obligation period. In such cases, a composition fee shall be levied @ 0.5% per month of unfulfilled FOB value, in case exports effected are more than 50% in value terms within the initial Export Obligation period and @1% per month where less than 50% of exports in value terms have been effected within initial export obligation period. | Extension in export obligation period for Authorisations issued under Appendix-4J shall be allowed for a period not more than half of the stipulated export obligation period.
In such cases, composition fee shall be levied in such manner as prescribed hereunder
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| 4.42 (e) | Regional Authority may consider a request of Advance Authorisation holder for one extension of the EO period upto six months from the date of expiry of the EO period subject to payment of composition fee of 0.5% of the shortfall in EO. The authorization holder will have to submit a self-declaration to RA stating that unutilized imported / domestically procured inputs are available with the applicant. | Regional Authority may consider a request of Advance Authorisation holder for one extension of the EO period upto six months from the date of expiry of EO period subject to payment of composition fee as prescribed hereunder
The authorization holder will have to submit a self-declaration to RA stating that unutilized imported / domestically procured inputs are available with the applicant. |
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| 4.42 (f) | Request for further extension of six months after the first extension as in (b) above can be considered by Regional Authority, provided the Authorisation holder has fulfilled a minimum 50% export obligation in quantity as well as in value, on pro-rata basis. This will be subject to payment of composition fee @ 0.5% per month on unfulfilled FOB value of the export obligation. No further extension shall be allowed by Regional Authority. This provision shall also be applicable to Advance Authorisations issued during FTP 2009-2014. However, only two extensions of six months each as mentioned above can be allowed subject to payment of the composition fee, and under no circumstance Regional Authority shall allow any extension beyond 12 months from the date of expiry of the EO period. At the time of filing the application for a second EO extension, the Authorisation holder will have to submit a self-declaration to RA stating that unutilized imported/domestically procured inputs are available with the applicant. | Request for further extension of six months after first extension as in (b) above can be considered by Regional Authority, subject to payment of composition fee as prescribed hereunder :
No further extension shall be allowed by Regional Authority. However, only two extensions of six months each as mentioned above can be allowed subject to payment of the composition fee, and under no circumstance Regional Authority shall allow any extension beyond 12 months from the date of expiry of the EO period. At the time of filing the application for a second EO extension, the Authorisation holder will have to submit a self-declaration to RA stating that unutilized imported/domestically procured inputs are available with the applicant. |
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| 4.42 (g) | Deleted | Whenever a ban/restriction is imposed on the export of any product, the export obligation period in respect of Advance Authorisation already issued prior to the imposition of the ban, would stand automatically extended for a period equivalent to the duration of the ban, without any composition fee. | ||||||||
| 4.42 (h) | Not Avb | The revised composition fee for EOP Extension under para 4.42 of HBP 2015-20 will only be applicable or the requests made on or after 19-01-2023.
However existing / pending applications shall be governed by the earlier relevant provisions of HBP 2015-20. |