Delay in Submission of Installation Certificate from Chartered Engineer in EPCG Cases to be Condoned

[Ref: Public Notice No. 37/2015-20 dated 25 October 2017]

Effect of the Public Notice: Onetime relaxation for condonation of delay in submission of installation certificate under EPCG Scheme is being provided.

Sub: -Acceptance of installation certificate under EPCG scheme by the RAs wherein installation certificate is submitted beyond 18 months.

In exercise of powers conferred under Paragraph 2.04 read with Paragraph 2.58 of FTP 2015-20, the Director General of Foreign Trade in Public interest hereby makes the following one time relaxations in procedures in respect of acceptance of installation certificate under EPCG Scheme.

1. The EPCG authorization holders are required to submit the installation certificate showing installation of the imported capital goods to the RA within prescribed time period.

2. Para 5.04 of the Handbook of Procedures 2015-20 regarding certificate of installation of capital goods stated is as under:

a. Authorization holder shall produce, within s1x months from date of completion of import, to the concerned RA, a certificate from the jurisdictional Central Excise Authority or an independent Chartered Engineer, at the option of the authorization holder, confirming installation of capital goods at factory/premises of authorization holder or his supporting manufacturer(s). The RA may extend the said period for producing the certificate by a maximum period of another 12 months. Where a unit registered with Central Excise opts for independent Chartered Engineer's certificate, the authorization holder shall send a copy of the certificate to the jurisdictional Central Excise Authority as intimation/record.

b. In the case of import of spares, the installation certificate shall be submitted by the Authorization holder within a period of three years from the date of import.

3. Where the exporter is unable to submit the installation certificate within this prescribed time limit, the RA is not able to accept such certificates. Such requests for condonation and received in DGFT Hqrs which causes hardship and delay.

4. It has been decided that in relaxation of the procedure as onetime condonation, the RAs concerned may accept the installation certificate submitted beyond the time limit on payment of penalty of Rs. 5000/- per authorization to RA, subject to the following:

1. The capital goods have been installed within the period of 18 months from the date of imports but the installation certificate has been submitted to RA beyond 18 months from the date of import.

ii. The authorization holder submits to RA bonafide reasons for delay submission of installation certificate.

iii. The installation certificate is submitted to RA on or before 31.03.2018.

iv. The EPCG authorization is not under investigation/ adjudicated by RA/customs authority/any other investigating agency.