Appeal and Adjudication Cases of DGFT
Adjudication, appeal, and review proceedings under the Foreign Trade (Development and Regulation) Act, 1992, as amended, and the Foreign Trade (Regulations) Rules, 1993, as amended, will soon be available online thanks to a trade notice published by the Directorate General of Foreign Trade (DGFT) on March 1, 2021. As of the 27th of February, 2021, the module is available exclusively online.
Under the procedure, exporters must present the prescribed documentation for evidence purposes. The deadline for submitting the required paperwork must be met. A show-cause notice must be sent to the board if the submission is late or not made. Personal hearings shall be conducted via videoconference or in person at specified times and locations.
If the exporter disagrees with the adjudication order, they can appeal it using the procedures outlined in Section 15 of the Act. Do this by the deadline and pay the fine that’s been set. An online venue shall be used for the Appellate Proceedings. There will be a transition period until March 31, 2021, when appeals can be submitted electronically or manually.
The review process shall be handled entirely via the internet. The petition for review must be submitted electronically. For a personal hearing, a notice must be filed.
Any exporter or holder of an EPCG license who seeks a policy waiver must submit their request to the EPCG Committee. The EPCG Committee can waive any rule under the EPCG license or the EPCG Scheme if they see fit. Requests for extra EOP extensions beyond the current policy guidelines, additional Revalidation, relaxation in Average Export Obligation, etc., may be considered by the EPCG Committee. When a request is made, the EPCG committee looks at the situation’s specifics and decides. If the EPCG Committee rejects an exporter’s case, the exporter can request a review of the original judgment. The exporter will have to go to the PRC Committee if a request for review is likewise denied. Every decision made by the PRC Committee is final and binding.
The DGFT announced the launch of an electronic e-EPCG Committee module to receive requests for Policy/Procedure waivers in Trade Notice 05/2021-22 on May 19, 2021. The EPCG Committee has decided to accept applications for relaxation through its online mechanism exclusively. This type of application cannot be submitted manually. Everything from applying to receiving word of the committee’s conclusion would take place digitally. The Directorate would issue online deficiency letters to the exporter in response to any questions or concerns, and the exporter might also react to these letters digitally.
The following are examples of potential cases that the EPCG Committee may evaluate:
- EOP Extension or Total EOP Extension
- Request for Partial Block Extension of EOP Condonation
- Request for Waiver of Penalty for Late Installation Certificate Submission
- Exemption from maintaining the average export performance
- Rectification of Utilized Excess Duty Credit
- Central Excise Authority will accept a Chartered Engineer’s installation certificate in place of one given by the agency.
- Exception for incorrect EPCG license numbers listed on shipping documents.
- Revalidation Relaxation
DGFT Guru helps with the paperwork and advises on what you need to have on hand to receive a policy waiver against your EPCG license. Help filling out the Portal application to join the EPCG committee would be provided. If the issuing authority, the EPCG Committee, needs more information, we will coordinate with them.
PRC(Policy Relaxation Committee)
For Indian importers and exporters, a “Policy Relaxation” means they won’t have to follow specific rules or regulations that are part of the country’s foreign trade policy. When it is in the public interest to do so, the DGFT may issue such orders or provide such exemptions, relaxations, or relief on the grounds of actual hardship from any provision of the FTP or procedures. A Policy Relaxation Committee (PRC) at DGFT New Delhi, directed by the DGFT’s Director General for Trade, oversees all requests for policy easing.
Cases of this nature are typically discussed at the Policy Relaxations committee (PRC) DGFT.
Some examples of exporter requests to the PRC Committee for policy relaxation are below.
- If you have a shipping bill past its due date, you can use your MEIS benefits to pay it.
- When a shipment bill’s scheme reward column reads “N,” duty credit scrip are issued under the MEIS scheme.
- If the 50% EO criterion is not met, a second export obligation (EO) extension is available under the advance authorization scheme.
- After the second extension has ended, the Export Obligation (EO) extension will begin.
- An exception is made so that late invoices can still be claimed under the SEIS system for the same fiscal year.
- Exception for failing to comply with the Advance Authorization’s Appendix 4J requirement that exports be completed within six months of the import date.
- Benefits under the Merchant Expense Incentive Scheme (MEIS) may be granted for shipping bills for which the bank’s e-BRC was received late.
- Used Investing Products and Capital Goods Import through the EPCG Scheme.
- Reduction in Need for Advance Authorization Before Import, etc.
DGFT Guru has its DGFT experts to help legitimate exporters and importers request the DGFT’s Policy Relaxation Committee (PRC) in New Delhi to comply with less stringent regulations. This is done because enforcing these regulations would cause undue hardship for businesses.
We do the following activities in regards to PRC case analysis —
- Our seasoned professionals will fill out any online forms for you.
- Examine the concerns voiced by the committee charged with easing policy.
- Get ready with the responses the PRC is demanding.
- If you’re asked to, you should attend the personal hearings.
- We will be an effective speaker for our clients.
With its headquarters in New Delhi, this Directorate is responsible for making and carrying out India’s Foreign Trade Policy. The main goal of this policy is to promote India’s exports. Through its 24 regional authority offices network, the DGFT issues scrips/authorization to exporters and supervises their compliance with relevant obligations. To aid exporters in making informed decisions about imports and exports in a rapidly changing global market, regional authorities assist in understanding the latest developments in international trade (such as WTO agreements, Rules of Origin, and anti-dumping difficulties, among others).
Our team of experts is prepared to handle any complex job for you. Our clients will benefit from DGFT Guru’s skills as a diplomat. We handle DGFT appeals and offer comprehensive advice on all policies. We also investigate your prior cases and govern the DGFT appeal process on your behalf.
Application for review must be sent to the EPCG Committee via the Services > EPCG > Apply for EPCG Committee menu item, with the review application option selected.
The EPCG Scheme aims to improve India’s manufacturing competitiveness by easing the import of capital goods used to produce export-worthy goods and services.
The Exemption from Policy/Procedures Committee is another name for the Policy Relaxation Committee (PRC) in DGFT. Based on genuine hardship and harmful trade impacts, the DGFT may issue such orders or grant such exemption relaxation or relief as he may judge fit and proper in the public interest.
The procedure for PRC Application Online is as follows:
An online application must be submitted through the DGFT website (https://www.dgft.gov.in/CP/). You may get the online form you need (ANF-2D) on the DGFT portal. All fields marked with an asterisk (*) are required for submission. To access the DGFT website, enter your user ID and password (Received after Linking IEC of the company). Select “Apply for PRC Committee” from the list of available services to submit a new application for the Policy Relaxation Committee. Please include all relevant information and attach any supporting materials. After you’ve filled out the Applicant Information and the Personal Hearing Information. Please indicate your preference by checking the appropriate box (PH) to request a Personal Hearing. New applications must submit Rs 2,000, and review applications must submit Rs $5,000, as detailed in Appendix 2K. When an application is filed, the applicant can view its progress in the Submitted application section of their dashboard.
There are 24 DGFT regional offices across the country. The DGFT uses its network of 24 regional offices to issue scrips/authorization to exporters and keep tabs on whether or not they are meeting their relevant duties.