The DGFT vide Policy Circular No. 39/2015-20 dated 07 June 2022 relaxes the documentary requirements of submitting 'Bill of Export' for supplies made to SEZ prescribed under the Foreign Trade Policy (‘FTP’), in case of supplies made to SEZ units under Advance Authorization. This requirement was challenged by several exporters before various High courts in the country on the ground of non-availability of this provision for the period covered upto FTP 2009-14.
In most of the cases, Hon'ble Courts have granted relief to the Advance Authorization holders. Accordingly the DGFT has decided to relax this condition of requirement of submission for all such supplies made prior to 01 April 2015.
The DGFT has further notified that for the purpose of discharge of export obligation under Advance Authorizations, in case of supplies made to SEZ units prior to 01 April 2015, the exporters can submit corroborative evidence in lieu of 'Bill of Exports' such as:
Sr. No. |
Corroborative evidence |
1 |
ARE-f form duly attested by jurisdictional Central Excise/GST Authorities of AA holder |
2 |
Evidence of receipt of the supplies by the recipient in the SEZ |
3 |
Evidence of payment made by the SEZ unit to the AA holder |
Disclaimer:
The information provided in this update is intended for informational purposes only and does not constitute legal opinion or advice. Readers are requested to seek formal legal advice prior to acting upon any of the information provided herein. This update is not intended to address the circumstances of any particular individual or corporate body. There can be no assurance that the judicial/ quasi judicial authorities may not take a position contrary to the views mentioned hereinrra quis.
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