Transferability of goods imported/procured by debiting duty in SFIS Scrips

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F. No. : $/26-Mise- 873/09 Gr. 7D

Public Notice No.[$ 4/2016

Subject: Transferability of goods imported /procured by debiting duty in SFIS Scrips. is Attention of all Importers, Exporters, Customs Brokers and other ——— invited to the Board’s Circular No. 49/2016-Customs dated 27.10.2016 on the above mentioned subject.

2. Transferability of goods imported/ procured by debiting duty in SFIS scrips was considered by the Board in the context of reconciling the Department of mans Notification No. 30/ 2009-2014 dated 1.8.2013 that amended FTP a4 to provide that goods imported/ procured under SFIS can be alienated on completion of 3 yan from the date of import/procurement, the judgment dated 23.5.2016 of Hon ule Delhi High Court in Writ Petition (C) No. 1809/2016 in the matter of Greatship (India) Ltd. and the Notification nos. 92/2004-Cus and 91/2009-Cus or 34/e00S-CE, The Board has also consulted with the DGFT. It is clarified by the Board vide Circular No. 49/2016-Customs dated 27.10.2016 that - (a) The goods imported/ procured utilizing SFIS Scrip issued in terms of FTP 200914 may be sold/transferred on completion of 3 years from the date of clearance of import/ procurement in terms of the Department of Commerce Notification No. 30 dated 1.8.2013.

in terms of FTP 200914 may be sold/transferred on completion of 3 years from the date of clearance of import/ procurement in terms of the Department of Commerce Notification No. 30 dated 1.8.2013.

(b) In the light of the Hon’ble High Court's order and absence of specific amendment by Dept. of Commerce to the FTP 2004-09, requests for sale/transfer of goods imported/procured utilizing SFIS scrip issued in terms of FTP 2004-09 shall be considered by DGFT in terms of para 2.5 of FTP 2004-09 on merits keeping in view the spirit of the Hon'ble High Court's order to the effect that transferability of goods that have completed 3 years is not deniable only on the ground that imports were in terms of the FTP 2004-09. (c) In view of DGFT conveying interpretation under para 2.3 of FTP 2004-09/200914 that the provision of transferability after 3 years is not applicable to consumables (including food items and alcoholic beverages) since such consumables are meant to be consumed in the course of day to day business of the applicant, such consumables are non-transferable even after 3 years. Hence these shall be exception to (a) and (b) above.

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4, {1 is clarified that DGFT would also consider, on merits under para 25 of ETp 9004-09/ 2009-14, requests — for export/sale of goods —_— time after jmport/ procurement, subject to such export being, sl eedal claim for any export incentive, rebate, refund, drawback and/or re-credit of incentive and the bringing back into India being, treated as a fresh import.

4. Difficulties faced, if any, may be brought to the notice of this office.

S - fist ‘tule (SUVIR MISRA) COMMISSIONER OF CUSTOMS (EXPORT)

Copy to:

1. The Chief Commissioner of Customs, Zone-l, NCH, Mumbai

2. ‘The Pr, Commissioner of Customs (Import - 1), NCH, Mumbai 3. ‘The Pr. Commissioner of Customs (General), NCH, Mumbai 4, The Commissioner of Customs (Import - Il), NCH, Mumbai 5. ‘lhe Commissioner of Customs (Export - 1 & Il), NCH, Mumbai

3. !he Addl. Commissioner of Customs (Gen & CCO), NCH, Mumbai 7. ‘he Addl. Commissioner of Customs (Import-I), NCH, Mumbai

4. ‘I'he Addl. Commissioner of Customs (Import-II), NCH, Mumbai 9, The Asstt. Commissioner (EDI) for uploading in Official Website 10, Correspondence Section 11, Office copy

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