MANU/CUCR/0050/2016
Ministry : Ministry of Finance
Department/Board : CBEC Customs
Circular No. : 49/2016-Customs
Date : 27.10.2016
Notification/ Circulars Referred : Notification nos. 92/2004-Cus MANU/CUST/0147/2004;91/2009-Cus MANU/CUST/0178/2009;34/2006-CE MANU/EXCT/0053/2006
Citing Reference:
Notification nos. 92/2004-Cus MANU/CUST/0147/2004 Referred
91/2009-Cus MANU/CUST/0178/2009 Referred
34/2006-CE MANU/EXCT/0053/2006 Referred
To
Principal Chief Commissioners / Chief Commissioners
Principal Directors General / Directors General
Principal Commissioners / Commissioners
(All under CBEC)
Transferability of goods imported/procured by debiting duty in SFIS scrips- reg
The undersigned is directed to say that transferability of goods imported/procured by debiting duty in SFIS scrips was considered by the Board in the context of reconciling the Department of Commerce Notification No. 30/2009-2014 dated 1.8.2013 that amended FTP 2009-14 to provide that goods imported/procured under SFIS can be alienated on completion of 3 years from the date of import/procurement, the judgment dated 23.5.2016 of Hon'ble 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 34/2006-CE. The Board has also consulted with the DGFT. It is clarified that -
(a) The goods imported/procured utilizing SFIS Scrip issued in terms of FTP 2009-14 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 20........