**Summary:**
Trade Notice No. 3/2021-22, dated August 4, 2021, issued by the Directorate General of Foreign Trade (DGFT), addresses members of trade and industry, all customs authorities, all regional authorities (RAs) of DGFT, Export Promotion Councils (EPCs), and the Federation of Indian Export Organisations (FIEO) regarding the uploading of Electronic Bank Realisation Certificates (eBRCs) for shipping bills.
The notice pertains to shipping bills with Let Export Order (LEO) dates up to March 31, 2020, on which RoSCTL (Rebate of State and Central Taxes and Levies) scrips have been claimed from DGFT RAs. It refers to Para 4.96(d) of Public Notice 58 dated January 29, 2020, which stipulates that RoSCTL rebates are contingent upon the receipt of sale proceeds within the timeframe allowed under the Foreign Exchange Management Act, 1999. Failure to comply may result in the rebate being deemed invalid, and the RAs may take action under the Foreign Trade (Development and Regulation) Act, 1992 for the repayment of erroneously or excessively paid RoSCTL.
IEC firms that have been issued RoSCTL scrips for shipping bills up to March 31, 2020, are requested to ensure that their AD banks upload the related eBRCs to the DGFT portal by September 15, 2021. Non-compliance will result in action as per para 4.96 of the Handbook of Procedures (HBP), as notified vide PN 58 dated 29.01.2020 by the Jurisdictional RAs.
The notice is issued with the approval of the competent authority and originates from F.No. 0161180360AM19PC3Part2. Dr. Praveen Kumar, Deputy Director General of Foreign Trade, is the issuing authority.
Key Entities Referenced
HBP: Handbook of Procedures, a document related to foreign trade policy.
Praveen Kumar: Deputy Director General of Foreign Trade.
RoSCTL: Rebate of State and Central Taxes and Levies, a scrip for exporters.
DGFT: Directorate General of Foreign Trade, an organization responsible for foreign trade policy.
eBRC: Electronic Bank Realisation Certificate, a proof of export proceeds realization.
Foreign Exchange Management Act, 1999: An Act of the Parliament of India to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India.
FTDR Act, 1992: Foreign Trade (Development and Regulation) Act, 1992. It empowers the government to formulate and implement foreign trade policy with the objective of promoting exports and regulating imports.
RBI: Reserve Bank of India, the central bank of India.
Trade Notice No. [3 /2021-22
Dated: 4" August, 2021
LO,
Members of Trade and Industry who have availed ROSCTL Scrips
All Customs Authorities
All Regional Authorities (RAs) of DGFT
EPCs/ FIEO
Subject :- Uploading of e-BRC by 15.09.2021 for shipping bills with LEO upto
31.03.2020 on which RoSCTL scrip has been claimed from DGFT RAs
Attention of the trade and industry members is brought to the Para 4.96 (d) of Public
Notice 58 dated 29.01.2020 wherein it has been stipulated that under RoSCTL, the rebate
allowed is subject to the receipt of sale proceeds within time allowed under the Foreign
Exchange Management Act, 1999 failing which such rebate shall be deemed never to have
been allowed. Action under the FT (D&R) Act, 1992 may be taken by the Regional
Authorities for repayment of erroneous or excess paid RoSCTL. :
cs As per RBI guidelines, it is expected that all shipping bills prior to 31.03.2020 would
have their export proceeds realized by now. However, it is noticed that for RoSCTL
shipping bills with LEO upto 31.03.2020, there are a significant number of cases where
corresponding e-BRCs have not been uploaded in the DGFT's online e-BRC repository, as a
proof of export proceeds realization. ,
3 In this context, all IECs/firms, who have been issued scrips under RoSCTL for
shipping bills upto 31.03.2020, are requested to get the related e-BRCs uploaded in the
DGFT portal by their AD banks latest by 15.09.2021, failing which action as per para 4.96 of
HBP, as notified vide PN 58 dated 29.01.2020 would be initiated by the Jurisdictional RAs.
4. °’ This is issued with the approval of competent authority.
(Dr. Praveen Kumar)
Deputy Director General of Foreign Trade
[Issued from F.No. 01/61/180/360/AM19/PC-3(Part2)]