GOVERNMENT OF INDIAMINISTRY OF FINANCE AND COMPANY AFFAIRSDEPARTMENT OF REVENUEOFFICE OF THE COMMISSIONER OF CENTRAL EXCISE, CHENNAI - I26/1 (121), Mahatma Gandhi Road, Nungambakkam, Chennai 600 034.TRADE NOTICE NO. 76 / 2005 Dated: 19.09.2005
Sub:- Drawback Fixation of Brand Rate of Duty Drawback Regarding. - - - - - - - Extracts of Boards letter D.O.F. No. 609 /110 / 2005 DBK dated 26.08.2005, on the above subject is communicated for information and necessary action. 2. Copy of Ministrys letter F.No. 609 / 24 / 2002 DBK dated 24.06.2002 referred to therein is enclosed for ready reference. 3. Contents of this Trade Notice may please be brought to the notice of all concerned. [Issued from file C.No.IV/16/01/2005-Cx.Pol (Vol.II)] Sd/-(P.V.N.SURESH BABU)JOINT COMMISSIONER
To As per Mailing list(Both Trade & Department)
Extracts of Boards letter D.O.F. No. 609 /110 / 2005 DBK dated 26.08.2005
Under the existing procedure for fixation of brand rate of duty drawback under Rule 6 and Rule 7 of Drawback Rules, 1995 applications are filed in the headquarters of the Commissioners of Central Excise having jurisdiction over the manufacturing unit in which the export goods are declared to have been manufactured. The brand rates are fixed after verification of data by the lower formations regarding consumption of inputs, etc. This procedure is commonly known as the Normal Scheme for fixation of brand rate. 2. In recent months a plethora of representations have been received from trade and industry alleging inordinate delays in fixation of brand rates. Several Members of Parliament have also written to the Finance Minister on this issue. The thrust of the representation is that the work should be centralized in the Ministry and that the earlier practice of fixation of drawback under the Revised Simplified Scheme be reintroduced. 3. The matter has been examined in a full Board meeting held last week. The Board has observed that the work has been delegated to the field formations as a measure of trade facilitation, the objective being that the export benefits are made available to the exporters at their doorsteps. It was a conscious decision of the Government to decentralize the work and therefore, it will not be possible to revert to the earlier system pf centralizing the work in the Ministry. 4. However, for expeditious disposal of brand rate applications, it has been decided to extend the facility of Revised Simplified Scheme to a selected category of exporters, namely: (a) all exporters who have an export turnover (physical exports) of Rs. 5 crores in current or preceding financial year and having a good track record of three years of exports; (b) public sector undertakings; (c) Star Export Houses; (d) manufacturer-exporters registered with central Excise, who have been exporting during the pervious two financial years and have minimum export of Rs. 1 crore or more during the preceding financial year; (e) manufacturer-exporters registered with Central Excise, who have paid central excise duty of Rs. 1 crore or more during the preceding financial year. These are the five categories of exporters who are presently exempted from providing bank guarantee / cash security under Advance Licence and EPCG Schemes in terms of circular No. 58/2004 Customs dated 21.10.2004. 5. The Revised Simplified Scheme is dealt with in Boards letter F.No. 609/24/2002 DBK dated 24.06.2002 (copy enclosed) and the same may be perused for details. The essence of the Scheme is that drawback rates are to be fixed without pre-verification of the data (which should be duly verified and certified by the applicant and Chartered Accountant / Chartered Engineer / Cost Accountant) and the exporter would be authorized by provisional brand rate letters to claim the drawback rate considered admissible from the concerned custom House(s). The date submitted would be subject to post-facto checking by the Department for its authenticity and the rates fixed are also submitted to revision on the basis of such post-facto verification. In case, after such post-verification, the data furnished in the applications are found to be incorrect, the corresponding brand rate letters will be revoked. Besides, the concerned exporters will be debarred from availing the benefit of the Revised Simplified Scheme for the next one year. 6. In the case of other exporters i.e. other than these five categories, the normal procedure for fixation of brand rate will apply. It has been decided that these exporters may be granter All Industry Rate in respect of applications filed under Rule 7 (Special Brand Rate) pending verification and fixation of brand rates. - - - - - - - - - Drawback Fixation of Brand Rate under simplified scheme F.No. 609/24/2002-DBK, dated 24-6-2002 Subject : Fixation of Brand Rate of Drawback under the Simplified Scheme. As you are aware, fixation of Brand Rate of drawback under Rule 6/7 of the Customs & Central Excise Duties Drawback Rules, 1995 is an essential pre-requisite for claiming drawback by the exporters from the concerned Custom Houses. As per the existing procedure, data furnished in the Brand Rate applications under the Normal Scheme are required to be verified by the jurisdictional Commissionerates of Central Excise and based on the Verification Reports of the Commissionerates, Brand Rates are subsequently fixed by this Ministry. Brand Rate applications filed under the Simplified Scheme are also subject to post-verification by the Central Excise Commissionerates. In the light of the 2. representations of various Export Promotion Councils inviting attention of the Government about the delay in fixation of Brand Rates and emphasizing the need for timely fixation of Brand Rates, the present procedure for fixation of Brand Rate has been under review of the Government for quite sometime. Delay in getting the data verified by the Central Excise Commissionerates has been identified to contribute most for the delay in fixation of Brand Rates by this Ministry. However, in respect of the applications filed under the Simplified Scheme, Brand Rates are fixed within a relatively shorter span of time. The corresponding post-Verification Reports which are received from the Central Excise Commissionerates subsequent to the issue of Brand Rate letters by this Ministry also in most cases confirm the authenticity/veracity of the data furnished in such applications. Therefore, in 3. appreciation of this genuine difficulty in getting the Brand Rates fixed within a reasonable time and also as a measure of export promotion, it has been decided to dispense with the present procedure for pre-verification of the data by the Central Excise Commissionerates. Commencing from 1-7-2002 (Let Export Date) all Brand Rate applications are required to be filed only under the Simplified Scheme directly in this Ministry. The eligibility criterion for opting for the Simplified Scheme specified in this Ministrys letters F. No. 609/113/88-DBK dated 11-10-1988. F. No. 609/188/92-DBK dated 1-10-1992 and F. No. 609/188/92-DBK dated 7-12-1992 etc ceases to be restrictive and this revised Simplified Scheme is extended to all the applicants for fixation of Brand Rate of drawback. All Brand Rate applications in the prescribed format and along with requisite annexures and documents addressed to the Joint Secretary (Drawback), Department of Revenue, Ministry of Finance, 3rd Floor, Jeevan Deep Building, 10, Parliament Street, New Delhi-110 001 are required to be sent by Registered/Speed Post. The applications may also be delivered to the Receipt Clerk at the Entrance Gate of the Department of Revenue at the aforesaid address. Unless there are special reasons, Brand Rate letters will be issued within a period of fifteen days in respect of Brand Rate applications which are complete in all respects and rejection letters will also be issued in respect of incomplete applications within the same period of fifteen days. While submitting the 4. Brand Rate applications, the exporters are required to neatly page number the essential annexures/documents and to enclose them strictly in the order of DBK-I, DBK-II/IIA, DBK-III/IIIA Statements, Shipping Bill/s, Bill of Entry, Invoices regarding payment of Central Excise duty, CENVAT availment/non-availment- Certificate/ Declaration; Working Sheet, Statement of Value Addition and Statement of Exports etc. Further, these should be flagged/marked distinguishably to facilitate preliminary checking of these documents by the Receipt Clerk while receiving the applications. In case of merchant exporters/manufacturer-exporters who are getting the export products manufactured from their supporting manufacturers/vendors, as the case may be, a separate declaration, inter alia, furnishing the details of the supporting manufacturer/ vendors, Central Excise Registration No., if any, availment/non-availment of the CENVAT benefit, duly authenticated by the Superintendent of Central Excise having jurisdiction over the manufacturing unit are required to be furnished. The exporters are required to furnish original duty paying documents, viz; Bills of Entry pertaining to the imported items and Invoices evidencing payment of Central Excise Duty in respect of the indigenous inputs with reference to the claim of Brand Rate of drawback. These original duty paying documents which have been fully utilized with the Brand Rate claim will be retained in this Ministry .The duty paying documents which have been partially utilized for disposal of the Brand Rate claim, will however be returned to the exporters along with requisite endorsement. Applications for issue of amendment and corrigendum to the Brand Rate letters are required to be filed maximum within a period of 3 months. Specimen copies of the revised format of the application for fixation of Brand Rate and DBK-I,II/IIA and III/IIIA Statements are attached. Brand Rate letters 5. under the revised Simplified Scheme will be subject to post verification by the Central Excise Commissionerates/Officials of the Drawback Division of this Department. In case, after such post-verification, the data furnished in the applications are found to be incorrect, the corresponding Brand Rate letters will be revoked. Besides, the concerned exporters will be debarred from availing the benefit of the Simplified Scheme for the next one year. This is intended to deter filing of fraudulent/ manipulated drawback claims. The 6. operation/efficacy of this revised Simplified Scheme will be reviewed in due course and if deemed necessary corrective measures will be incorporated. The undersigned will also hold Open House meetings on quarterly basis in his office, the precise date of which will be intimated well in advance to all the Export Promotion Councils for redressal of grievances with respect to the delay and rejection of the Brand Rate applications. You are requested to bring the contents of this letter to the notice of all concerned for their information and necessary action.
SIMPLIFIED BRAND RATE FIXATION SCHEME Application for fixation of Drawback Rates under Rule 6(1)(a) (Brand Rate)/Rule 7(1) (Special Brand Rate) of Customs and Central Excise Duties Drawback Rules, 1995. (To be filled by Manufacturers of the Export Product)
DECLARATION I/We hereby declare that the particulars given above as well as in accompanying statements DBK I to III are correct to the best of my knowledge and belief and that no separate application in respect of the same goods has been submitted so far. I/We also declare that the export is not under Duty Free Shipping Bill. I/We also declare that I/We shall intimate any change (including receipt of suo-moto refunds) in the particulars as mentioned in the proforma and statements submitted within one month from the date of such change and I/We agree to any consequential change in the Drawback Rates with effect from the date the changed drawback rates are allowed and shall on demand by an Officer of Customs repay the amounts received in excess. I/We also declare that the duty paying documents in respect of the imported/indigenous inputs furnished in this Brand Rate application have not been used in any previous application/partially used in our Application Ref. No. dated and a statement of the extent of usage and balance quantity available is enclosed separately. I/We further declare that I/We shall immediately refund the amount of drawback obtained by us in excess of any amount/rate which may be re-determined by Government, as a result of post verification. I/We also declare that the application also includes drawback for the components which have been manufactured by the supporting manufacturers and vendors. I/We also undertake the liability of paying back the amount of drawback along with interest thereon, in case, the data relating to the supporting manufacturers/vendors are not verifiable by the Department or on verification the particulars are found unsubstantiated by the Department. I/We also undertake that in case of post verification the data furnished in this application are found to be incorrect, and the corresponding Brand Rate letter is revoked by the Ministry, I/We will be liable to pay back the Drawback amount along with interest thereon.
Note : - Please furnish specific information against all the Serial Numbers. Response like as per the Shipping Bill and as per the Statement of Exports etc. should be avoided. STATEMENT DBK-I Net Weight . Per unit of export product
@ Give convenient units by which goods are invoiced for export (e.g. per tonne, per dozen/Pcs., per Sq. metre etc.)
CERTIFICATE REQUIRED FOR DBK-I STATEMENT On behalf of the 1. applicant, I hereby certify that the materials as mentioned above are actually required and being used for production of export product
Signature : Name Designation Name & Address of the Institution under which Chartered. Registration No. & date of Membership (This is required to the certified/countersigned by a Chartered Engineer) CERTIFICATE OF INDEPENDENT CHARTERED ENGINEER (Annexure to DBK-I) It is certified that :
STATEMENT DBK-II Direct imports of materials/components made by the manufacturer and foreign materials obtained locally by the manufacturer during the period commencing three months prior to the date of shipment/first shipment up to the date of application, for manufacture of __________________________________________________(Name of export product).
Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims for refund of duty in respect of any of the above mentioned bills of entries (other than whose details are furnished) has been or will be lodged with the Customs Authorities. Signature : Name : Designation :
Address of the Power of Attorney Holder or Authorised Agent. Signature : Name : Designation : Name & Address of the Institution under which Chartered : Registration No. & date of Membership : (This is required to be certified/countersingned by a Chartered Accountant/Cost Accountant) STATEMENT DBK-IIA Details of procurements relating to stock of imported materials as on commencement *date (* the date three months prior to the date of shipment/first shipment) based on FIFO principle, required for manufacture of ____________________________ _________________(Name of export product).
Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims for refund of duty in respect of any of the above mentioned bills of entries (other than whose details are furnished) has been or will be lodged with the Customs Authorities. Signature : Name : Designation : Address of the Power of Attorney Holder or Authorised Agent. Name : Designation : Name & Address of the Institution under which Chartered : Registration No. & date of Membership : (This is required to be certified/countersigned by a Chartered Accountant/Cost Accountant) ANNEXURE Certificate to be appended by an independent Cost Accountant/Chartered Accountant at the end of Statements II and III.
Signature . Name Designation . Address Name & Address of the Institution under which chartered Reg. No . Place : Date :
STATEMENT DBK-III Materials/Components of Indian origin obtained by the Manufacturer during the period commencing three months prior to the date of shipment/first shipment upto the date of application for manufacture of__________________________(Name of export product).
CERTIFICATE Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims for refund of duty in respect of any of the above mentioned materials/components procured against the Invoices and other duty paying documents mentioned in the Statement has been or will be lodged with the Central Excise Authorities. Further, the same Invoices/documents relating to payment of Central Excise duty have not been repeated or are intended to be repeated in future. In case the same have been used partially and the benefit of drawback has already been claimed in earlier Brand Rate applications or are intended to be used partially in future, the details thereof have been furnished in the annexure to the Statement.
STATEMENT DBK-III (A) Details of procurement relating to stocks of indigenous materials as on commencement *date (*the date three months prior to the date of shipment/first shipment) based on FIFO principle, required for manufacture of_____________________(Name of export product).
CERTIFICATE
Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims for refund of duty in respect of any of the above mentioned materials/components procured against the Invoices and other duty paying documents mentioned in the Statement has been or will be lodged with the Central Excise Authorities. Further, the same Invoices/documents relating to payment of Central Excise duty have not been repeated or are intended to be repeated in future. In case the same have been used partially and the benefit of drawback has already been claimed in earlier Brand Rate applications or are intended to be used partially in future, the details thereof have been furnished in the annexure to the Statement.
ANNEXURE
Certificate to be appended by an independent Cost Accountant/Chartered Accountant at the end of Statements II and III.
Signature . Name Designation . Address Name & Address of the Institution under which chartered Reg. No . Place : Date :
DECLARATION REQUIRED TO BE FURNISHED BY A SUPPORTING MANUFACTURER AND VENDORS ALONG WITH BRAND RATE APPLICATION I/We hereby declare that I/we, having my/our manufacturing unit at are the supporting manufacturers in respect of the following components used in the manufacturer of the export item, viz., .for which M/s. have filed application with the Ministry of Finance, Department of Revenue, New Delhi for fixation of Brand Rate of drawback for the aforesaid item. I/We hereby furnish disclaimer to the effect that I/We have no objection if the aforesaid claims the drawback in respect of the Customs and/or Central Excuse Duties which have been paid for the inputs which have gone into the manufacture of the aforesaid export item. I/We hereby declare that benefit of CENVAT credit has not been availed for any of the inputs used in the manufacture of the export item and the declaration to this effect has been countersigned by the Superintendent of Central Excise having jurisdiction over the manufacturing unit. I/We will make the manufacturing unit and the documents relating to the Brand Rate application of the exporter available for verification by the Department of Revenue/Central Excise authorities etc.
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