Notifications (August 2021)

GUIDELINES FOR THE RODTEP SCHEME ARE PUBLISHED BY THE GOVERNMENT

RoDTEP standards are published by the government, along with tax refund rates for 8,555 tariff lines. The goal of these rules is to increase competitiveness and job creation as part of the Aatmanirbhar Bharat program. The RoDTEP Scheme Guidelines and Rates were announced by the government in order to stimulate exports by leveling the playing field for exporters. According to the Directorate General of Foreign Trade (DGFT), the government has decided to expand the advantages of the Remission of Duties and Taxes on Exported Products (RoDTEP) this scheme is for all items, with effect from January 1, 2021. The rates for various sectors ranging from 0.5 percent to 2.5 percent to 4% percent. 

Under RoDTEP, the scheme provides zero-rating of exports for domestic industries and identifies export sector rates for 8,555 tariff lines. Various government and state duties, taxes, and levies imposed on input products, among others, are repaid to exporters under the RoDTEP in order to stimulate exports.

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THE DELHI HIGH COURT HAS REFUSED TO RELIEVE IMPORTERS AND EXPORTERS FROM CHARGES 

While rejecting 22 petitions from various Exporters and Importers, the Delhi High Court refused to exempt Importers or Exporters from penalties like ground rent, demurrage, and container detention charges during the COVID-19 lockdown period. During the whole term of the government’s lockdown, the petitioners want an exemption from paying penal charges to CFSs, ICDs, and shipping lines. The rationale is that they are unable to move or carry their export/import items. Some importers did, in fact, clear their consignments during this time period, according to records.

The petitioners argue that, regardless of the details of each case, orders and circulars issued by the MOS, DGS, and CBIC entitle all importers and exporters to the requested amnesty. Article 14 of the Indian Constitution was also pressed into service by the petitioners. It was argued that ICDs and CFSs provided various progressive benefits to themselves. The Port authorities have agreed to waive the penalty charges. Refusing to provide such benefits to importers would be discriminatory and would be in violation of Article 14.

All of the petitions filed by importers and exporters against the Indian Customs Department ICD and CFS were dismissed by the High Court. “It is not open to the Court to approach the subject exclusively from the point of view of the importers or exporters, unmindful of the challenges,” the division bench of Justice C.Hari Shankar and Justice Rajiv Sahai Endlaw observed. The court stated that it is not persuaded to rule in favor of the petitioner importers/exporters and against the respondent ICDs/CFSs/shipping lines.

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