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........