The Director General of Foreign Trade (“DGFT”) vide Public Notice No. 22/2015-20 dated July 31, 2019 has made amendments in para 5.16 (a) of Hand Book of Procedures (HBP) of FTP 2015-20, which state that if authorization issued has been utilized for import of goods: – (a) in excess of duty saved amount indicated on the authorization by not more than 10%, the authorization shall be deemed to have been enhanced by that proportion. Customs shall automatically allow clearance of such goods without endorsement by RA concerned. The authorization holder shall furnish additional fee to cover excess imports effected, in terms of duty saved amount, to RA concerned, within one month of excess imports taking place. Export obligation shall automatically stand enhanced proportionately.
RA concerned may also accept the additional fee to cover the excess imports effected, in terms of duty saved amount, if the same is furnished beyond one month but within two years of the excess import taking place, subject to payment of composition fee of Rs. 5000/- per authorisation.
Therefore, with effect to this amendment the Power to condone the delay in payment of fee for excess utilisation of duty saved amount has been granted to the RA.
Complete Public notice can be accessed at: http://www.a2ztaxcorp.com/wp-content/uploads/2019/08/PN-22-english-singned.pdf