Indian Kanoon - Search engine for Indian Law

Goods listed as "Free" in the Export Licensing Schedule may also be exported without an export licence as such but they are subject to conditions laid out against the respective entry. The fulfillment of these conditions can be checked by authorized officers in the course of export."

8. On 9th April 2010 the Office of the Textile Commissioner in the MoT issued a memorandum setting out the procedural requirements for obtaining Export Authorization Registration Certificate (`EARC‟) of cotton yarn with the Textile Commissioner, Mumbai or its designated regional offices "prior to shipment". The said memorandum sets out the procedure for submission of an application. The applicant had to submit the export authorization registration form along with, inter alia, a copy of the export contract for which registration is being sought, and depending upon the terms of payment, copies of the letter of credit (`LC‟), the advance payment receipt and the contract copy. A first-time applicant had to also submit the Import Export Code (`IEC‟), Pan Card, Memorandum and Articles of Association. The application for EARC enclosing a copy of the export contract had to be submitted "within 45 days prior to the date of actual shipment". It was made clear that "if the export is not effected within the stipulated 45 days, then the Export Authorization Registration issued would stand lapsed." An exporter can however seek extension for making the shipment beyond 45 days upon showing justification. If for some reason the export contract is cancelled the exporter is expected to inform the Textile Commissioner within 21 days from the date of the cancellation and surrender the original EARC. The exporter is expected to submit proof of shipment details annexing the EARC copy, Exchange Control copy of the shipping bill and the commercial invoice. Failure to do so within 21 days from the date of the expiry of the permitted shipment period will result in the Textile Commissioner not entertaining any further application for an EARC till such time the proof of shipment is submitted. Importantly, in Clause (xi) of the Memorandum dated 9th April 2010 it was stated as under: