DGFT clarification on deemed exports- but where is the Public Notice?
Compared to the CBEC, the DGFT had consistently proved better in drafting and publishing notifications and circulars. One possible reason could be DGFT does not have 'expert' revenue officers to claim any monopoly on knowledge of economic matters. The DGFT website is also fairly well maintained and regularly updated compared to the apology of a website that the CBEC maintains. But the problem with Government web sites is that even if an earth shaking law is notified in the evening of the weekend, no force on earth can see these notifications finding a place in the website. This is what happened to the latest Public Notice No. 44 issued by the DGFT on 14.1.2005. By the time the Public Notice was issued on Friday evening, officers must have already left for their weekend holidays and there was nobody to upload the PN in the website. All our efforts to get a copy of the PN proved futile. It seems that the PN clarifies that supplies of goods will be eligible for refund of Terminal Excise Duty in cases where the recipient of the goods does not avail CENVAT credit/rebate on such goods. Similarly, supplies will be eligible for deemed export drawback provided CENVAT credit has not been availed of by the applicant. However, such supplies will be eligible for deemed export drawback on the customs duty paid on the inputs/components..