PN. No.40(RE-98)/1997-2002 Dated 15-09-1998.

In exercise of powers conferred under paragraph 4.11 of the Export and Import Policy, 1997-2002, as notified in the Gazette of India extraordinary, Part-II- Section 3-Sub-section (ii) vide S.O No. 283(E) dated 31.3.97, the Director General of Foreign Trade hereby makes following amendment in the Handbook of Procedures (Vol.1) (RE-98), 1997-2002:

The following may be added at the end of paragraph 7.38

1. In cases where the application for grant of DEPB credit is filed after realisation of export proceeds, the FOB value in free foreign exchange shall be converted into Indian rupees as per authorised dealers T/T buying /on demand buying rate, as the case may be, prevalent on the date of realisation of proceeds. The DEPB rate of credit shall be applied on the FOB value so arrived.

2. The following may be added at the end of paragraph 7.39:

However, in cases where the application for obtaining credit is filed after realisation of export proceeds, such application may be filed within 90 days from the date of realisation reckoned from the last date of realisation in respect of shipments for which the claim has been filed.

3. The following may be added at the end of paragraph 7.7

"In respect of applications for which Standard Input Output Norms are not fixed, Advance licence under paragraph 7.4 of the Policy shall be issued by regional licensing authorities, as per the financial powers for issuance of Advance licence where norms are fixed, as applied for by the applicant subject to the condition that input output ratio shall be finalised by SALC within six months from the date of receipt of application. The applicant shall give an undertaking that he shall abide by the norms fixed by SALC and accordingly pay duty together with 24% interest on the unutilised inputs as per norms fixed by SALC. He shall also surrender SIL as per paragraph 7.28 A(ii)(b) of Handbook of Procedures (Vol.1) (RE-98) 1997-2002. In cases, where the norms are not finalised by SALC within six months, the norms as applied for shall be treated as final and no adjustment will be made"

4. The following may be added at the end declaration/undertaking in appendix 11B.

8. I/we hereby declare that in respect of product for which Standard Input Output Norms are not fixed, we shall abide by the final fixation of norms by SALC and shall pay to the Government Customs duty together with 24% interest on the unutilised inputs as per norms fixed by SALC. We shall also surrender SIL as per paragraph 7.28 A(ii)(b) of Handbook of Procedures (Vol.1) (RE-98) 1997-2002.

5. The paragraph 7.5 may be amended to read as follows:

"The Licensing Authority may also issue Advance licences with actual user non transferable condition to eligible exporters in terms of paragraph 7.4 of the Policy, where Standard Input Output Norms are not fixed, based on self declaration and undertaking by the applicant subject to final adjustment as per norms fixed by SALC as stipulated in paragraph 7.7".

6. The first paragraph of Chartered Accountant as given in Appendix 20 B to E may be modified as follows:

(i) M/s. ____________________(Full name and address of the applicant) have made the exports from 1.4.97 which was realised during April-September /October-March (whichever is applicable).

7. Paragraph 4 of Appendix 44 shall be amended to read as follows:

"A Software Technology Park unit may import free of duty all types of goods, including capital goods required by it for manufacture, production or processing provided they are not prohibited items in the Negative List of imports. The software Technology Parks Complex set up by the Central Government, Public or Private Sector Undertakings or any combination, duly approved by the Inter-Ministerial Standing Committee and Software Technology Parks of India may also import free of duty all types of goods, for creating Central facility for use by the software development, data entry and conversion, data processing, data analysis and control or data management units in the Complex. Software Technology Park units shall also be permitted to import goods on loan from clients for specified periods for executing specified projects.

Explanation:-

1. "Inter-ministerial Standing Committee" means Inter-Ministerial Standing Committee for Hundred Per Cent Export Oriented Units in the Electronics Hardware Technology Parks (EHTP) and Software Technology Parks (STP) appointed by the notification of the Government of India, in the Ministry of Industry, Department of Industrial Development No. S.O.117(E) dated 22.2.93.

2. "Software Technology Parks of India" means Software Technology Parks of India Society established by the Deptt. of Electronics, Government of India and registered under Societies Registration Act, 1860 (21 of 1860).

This issues in public interest.

Sd/-
(N.L.Lakhanpal)
Director General of Foreign Trade

(File No. PRU/AS/98-99/Special Package)

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