Page 146 - ELT_1st September 2020_Vol 373_Part 5

584 EXCISE LAW TIMES [ Vol. 373

Note 3. - Government reserved the right in public interest, to specify the
export products, which shall not be eligible for calculation of incremental
growth/entitlement. Similarly, the government may also notify the list of
goods, which shall not be allowed for imports under the scheme.
Note 4. - These guidelines will be applicable to the exports made on or after
1-4-2003.
Note 5 - The entitlement will be in terms of duty credit.”
11. A Public Notice Bearing No. 40(RE 2003)/2002-2007, dated 28-1-
2004 was also issued by the Directorate General of Foreign Trade (DGFT) making
certain amendments in the Handbook of Procedures (Volume 1), inter alia insert-
ing Paragraph 3.2.6A, which reads as under :
“The scheme will be applicable to status holders who were also status hold-
ers as on 31-3-2003 and who had achieved minimum export turnover of 25
crores in the year 2003-04.
I. For direct as well as third party exports, the Export documents viz. Ex-
port Order, Invoice, GR Form, Bank Realization Certificate should be in the
name of applicant only. However for the third party exports, where goods
have been procured from a manufacturer, the shipping bill should contain
the name of the exporter as well as the supporting manufacturer.
II. Goods allowed to be imported under this scheme shall have a nexus
with the products exported and a declaration in this regard shall be made
by the applicant in Appendix 17D.
III. The licensing authority shall at the time of issuance of the duty free
credit entitlement certificate endorse the name of the associate manufactur-
er/supporting manufacturer/job worker on the certificate as declared by
the applicant. Goods imported against such entitlement certificate shall be
used by the status holder or his supporting manufacturer/job worker in
proportion to the value of their direct contribution to the entitlement.
IV. The last date for filing of such applications shall be 31st December.
V. The duty free credit entitlement certificate shall be issued with a single
port of registration. For each duty free credit entitlement certificate, split
certificates subject to a minimum of Rs. 5 lakh each and multiples thereof
may also be issued. A fee of Rs. 1000/- each shall be paid for each split cer-
tificate. However, a request for issuance of split certificate(s) shall be made
at the time of application only and shall not be considered at a later stage.
VI. The duty free credit entitlement certificate shall be valid for a period
of 12 months from the date of issue. The status holder shall within one
month of the last imports made under this certificate or within one month
of expiry of the certificate whichever is earlier, submit a statement of im-
ports/utilization made under the certificate as per Appendix-17E, to the ju-
risdictional Regional Licensing Authority who has issued the certificate
with a copy to the jurisdictional excise authorities.”
It further provided that :-
“2. In terms of Para 3.2.5 of Handbook of Procedures (Volume 1), the fol-
lowing items would not be taken into account for computation of entitle-
ment and export performance under Duty Free Credit Entitlement Scheme
for Status Holders :
(a) Rough, uncut and semi-polished diamonds
(b) Gold, silver in any form including plain jewellery thereof
EXCISE LAW TIMES  1st September 2020  146