Remission of Duties and
Taxes on Exported Products (RoDTEP) Scheme to Take Effect from 1 Jan. 2021
·
Guidelines along with
Appendix 4R containing the schedule of rates and further specifying that scheme
would take effect for exports from 01.01.2021.
·
The facility was
operationalised by Systems Directorate from 01.01.2021 onwards itself for
making claim of RoDTEP on shipping bill / bill of export filed, the eligibility
for grant of RoDTEP.
·
The remission under
RoDTEP is as a percentage of the Free on Board (FoB) detailed under Appendix 4R
of the FTP.
·
Availing the scheme,
an exporter is to also make a declaration on the electronic shipping bill
undertaking that it would abide by the scheme provisions, not claim
rebate/remission with respect to any duties/taxes/levies already exempted or
for which remission is provided under other schemes and that it shall preserve
documents for audit, etc.
·
The exporter has the
option to generate e-scrips within one year of generation of scroll.
·
E-scrips s hall be
freely transferable.
·
E-scrips shall be
used for payment of duties of customs specified in the First Schedule to the
Customs Tariff Act, 1975 i.e. Basic Customs Duty only on imports made through
customs automated system.
·
Duty credit allowed
under RoDTEP scheme is subject to realization of sale proceeds within the
period allowed by RBI.
·
The details of the
ineligible export categories or sectors are mentioned in Table 1 of the RoDTEP
notification
[CBIC
Circular No. 23 /2021-Customs dated 30 September 2021]
Subject:
-Scheme for Remission of Duties and Taxes on Exported Products (RoDTEP) w.e.f. 01.01.2021.
Your attention is drawn to RoDTEP Scheme Notification No.
76/2021-Customs (N .T.) dated 23.09.2021 issued under section 51B of the Customs
Act, prescribing the various conditions and restrictions subject to which duty credit
shall issue, be used, transferred and the notification No. 75/2021-Customs
(N.T.) dated 23.09.2021 issued under Section 51 Bread with section 157 of said
Act regarding Regulations for use, transfer, maintenance etc. of Electronic Duty
Credit Ledger.
2. The notification No. 76/2021-Customs (N.T.) has been
issued as a consequence of Department of Commerce/DGFT notification no.
19/2015-2020 dated 17.08.2021 inserting "Scheme for Remission of Duties
and Taxes on Exported Products (RoDTEP)", administered by Department of
Revenue, in the Foreign Trade Policy 2015-2020, and specifying scheme
guidelines along with Appendix 4R containing the schedule of rates and further
specifying that scheme would take effect for exports from 01.01.2021.
3. The scheme provides for remission amount in the form of
transferable duty credit issued to a person and maintained in the electronic
duty credit ledger in the customs automated system, in terms of section 51B of
the Customs Act inserted vide Finance Act, 2020.
4. As the facility was operationalised by Systems Directorate
from 01.01.2021 onwards itself for making claim of RoDTEP on shipping bill /
bill of export filed, the eligibility for grant of RoDTEP, in respect of items covered
under the scheme, will function on this basis. The Systems Directorate will
commence this processing, including on the basis of risk evaluation. To the
appropriate extent, the Board's Circular No. 15/2021-Cus dated 15.07.2021 regarding
implementation of Risk Management System for processing of Duty Drawback claims
shall also be relevant.
5. The RoDTEP scheme rebates the incidence of duties, taxes
and levies at the Central/State/ local levels on specified export goods, where
such duty or tax or levy is not exempted, remitted or credited under any other
scheme. The remission under RoDTEP is as a percentage of the Free on Board (FoB)
value of the eligible export product along with value caps for certain HS codes
or is at specific value as detailed under Appendix 4R of the FTP.
6. For availing the scheme, an exporter is to also make a
declaration on the electronic shipping bill undertaking that it would abide by
the scheme provisions, not claim rebate/remission with respect to any
duties/taxes/levies already exempted or for which remission is provided under
other schemes and that it shall preserve documents for audit, etc.
7. Once the Systems Directorate commences processing of
RoDTEP, a scroll will be generated in the customs automated system. The scroll will
contain the details of shipping bill, amounts of duty credit allowed against the
shipping bill etc. The exporter has the option of combining duty credits
available in a scroll or a number of scrolls at the particular customs station of
export and generate an e scrip in the exporter's electronic ledger maintained
in the customs automated system. An electronic ledger shall be created for
every holder of IEC number who is either the exporter having made a claim of
RoDTEP against export of goods or is a recipient of duty credit by way of
transfer.
8. The exporter has the option to generate e-scrips within
one year of generation of scroll. If this option is not availed by an exporter,
the available duty credits in each scroll shall be combined Customs
station-wise and sent by the Customs System to the electronic ledger of the
said exporter as an e-scrip. An e-scrip shall be valid for a period of one year
from the date of its generation in the ledger and any duty credit in the said
e-scrip remaining unutilized at the end of this period shall lapse.
9. E-scrips s hall be freely transferable. The period of
validity of thee-scrip shall not change on account of transfer of the e-scrip. However,
duty credit available in an e-scrip shall be transferred at a time for the
entire amount available in the said e-scrip to another person and transfer of
the duty credit in part shall not be permitted. Each e-scrip will carry a
unique identification number and date of its creation. All transactions made in
the ledger of an IEC through credit, debit or transfer of duty credit shall be
visible to the said IEC holder and Customs. Once an e-scrip is generated in the
ledger, it will be registered automatically with the Customs station of export.
I0. E-scrips shall be used for payment of duties of
customs specified in the First Schedule to the Customs Tariff Act, 1975 i.e.
Basic Customs Duty only on imports made through customs automated system.
11. Duty credit allowed under RoDTEP scheme is subject to
realization of sale proceeds within the period allowed by RBI. The detailed provisions
are mentioned in condition at para 2(4), 2(6) and 2(7) of the notification No.76/2021-Customs
(NT). The Regulations, read with said Notification, also provide for the
situations and manner of suspensions or cancellation of duty credit ore-scrip,
or recovery when duty credit allowed was in excess or where export proceeds are
not realised. In this regard, the Commissioners are advised to organise and adopt
processes effectively such that the actions taken remain commensurate to the
requirements.
12. The details of
the ineligible export categories or sectors are mentioned in Table 1 of the
RoDTEP notification. It is requested to go through all the notifications
for full details. These are available on egazette.nic.in/CBIC website.
13. A copy of this Circular is being endorsed to D.G.
Systems for necessary actions, including provision of appropriate
enablements/functionalities.
14. Suitable Public Notice publicising the scheme for
guidance of exporters & trade and Standing Order for officers should be
issued for smooth implementation. Any difficulty faced be brought to notice of
the Board.
F. No. CBIC-140605/17/2021 -0/o Dir(Drawback)-CBEC