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

Circular No.ES/ 207 /2017-18                                                                                    October 31, 2017

To: Members of the Council

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

Dear Member,

DGFT has issued Public Notice No. 37/ 2015- 2020 dated 25.10.2017 makes the following one time relaxations in procedures in respect of acceptance of installation certificate under EPCG Scheme.

As you are aware, an EPCG authorization holder is required to submit the installation certificate showing installation of the imported capital goods to the RA within prescribed time period.

Accordingly, Para 5.04 of the Handbook of Procedures 2015-20 regarding certificate of installation of capital goods states as under:

  1. Authorization holder shall produce, within six 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).
  2. The RA may extend the said period for producing the certificate by a maximum period of another 12 months.
  3. 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.
  4. 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.

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 condonation are received in DGFT Hqrs which causes hardship and delay.

Further, 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.
  1. The authorization holder submits to RA bonafide reasons for delay in submission of installation certificate.
  1. The installation certificate to be submitted to RA on or before 31.03.2018.
  1. The EPCG authorization is not under investigation/ adjudicated by RA/ customs authority/ or any other investigation agency.

Members may kindly make a note of the above.

Thanking you,

S BALARAJU
EXECUTIVE DIRECTOR        

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