TIOL-DDT 1560 · Thursday, 3 March 2011 · story 10 of 12

Terminal Excise Duty (TED) and Duty Drawback Amendment to FTP

PARA 8.5 of the Foreign Trade Policy has been amended to read as follows:-

“Supply of goods will be eligible for refund of terminal excise duty in terms of Para 8.3(c) of FTP, provided recipient of goods does not avail CENVAT credit/rebate on such goods. A declaration to this effect, in Annexure II of ANF 8, from recipient of goods, shall be submitted by applicant. Similary , supplies will be eligible for deemed export drawback in terms of para 8.3 (b) of FTP of Central Excise duty paid on inputs/ componets, provided CENVAT credit /rebate has not been availed of such duty paid by supplier of goods. A declaration to this effect, in Annexure III of ANF 8, from supplier of goods, shall be submitted by applicant. Such supplies shall however be eligible for deemed export drawback on customs duty paid on inputs/components.”

This amendment clarifies on the declarations required to be given for claiming TED and drawback refund. The phrase “supplier of goods” has been inserted in place of “applicant” in respect of the Deemed Export Drawback claim.

DGFT Notification No. 28/(RE – 2010)/2009-2014, Dated: March 01, 2011

DGFT Public Notice No. 35/2009-2014 (RE- 2010), Dated: March 01, 2011