DGFT Online Module for Adjudication, Appeal, Review Proceedings

The

Direct General of Foreign Trade (DGFT) has introduced an online module for Adjudication, Appeal, Review Proceedings under Foreign Trade (Development & Regulation) Act, 1992 and Foreign Trade (Regulation) Rules, 1993. The current article briefs the DGFT Online Module for Adjudication, Appeal, Review proceedings.

Procedure to File Adjudicationlfilment of export obligation within the period indicated in the Foreign Trade Policy.

In case of non-submission of prescribed documents, the exporter needs to submit all complete documents within the period indicated in the letter issued by the Regional Authority (RA).
If the complete prescribed documents are not submitted, the exporter will be issued with a Show Cause Notice for violence prescribed under the Foreign Trade Development rules.
Notices for personal Hearing will be issued online to the Notices to submit their case in the PH or through written submissions which will also in the online module.
Personal Hearing will be conducted through Video Conferencing or physical hearings at the time and place indicated in the notice for PH at the discretion of the Adjudicating Authority.

Procedure to Submit the Documents

The exporters need to submit the documents online through the

official website of DGFT. The exporters are required to login into the portal using valid user credentials and then select services. From the list of services, select the Enforcement cum Adjudication Proceedings. All the correspondence to the exporter will be sent through email

Adjudication Order

In case of non-submission of prescribed export documents evidencing the fulfilment of an export obligation, adjudication order may be passed for payment of duty and interest and even enforcing penalty after fulfilling the due process.
The order will be served online. On receipt of adjudication order, the exporters are required to deposit the penalty amount, custom duty and interest.
Adjudication proceedings for any other violation of DGFT’s schemes, Foreign Trade Policy, Procedures under the Foreign Trade development activities will be initiated and conducted online.

Procedure to File Appeal

The exporter will have the facility to file an appeal under Section 15 of the Foreign Trade Development Act against the Adjudication Order within the stipulated period along with proof of having deposited the penalty amount

No appeal can be submitted after the stipulated period and the online system shall automatically block the process of appeal once the time limit expires.
The exporters need to submit the appeal online on the official website of DGFT
Appellate proceedings will be conducted online viz. service of notice, reply to notices, notices of Personal Hearing (PH) passing of Appellate Order, its services as in the case of Adjudication proceedings.
PH will be conducted through Video Conferencing at the time and place indicated in the notice for PH at the discretion of the Appellate Authority.

The transition period to File Appeal

There will be a transition period up to 31

St March 2021 wherein the firm/Appellants wishing to file an appeal under Section 15 shall be allowed to file Appeals either online or manually. However, after the filing by the appellant in the manual mode, during the transition period to the jurisdictional Appellate Authority, consequent processing of the case shall be only through the online module.

Procedure to submit the review petition

The order will be served online. On receipt of adjudication order, the exporters are required to deposit the penalty amount, custom duty and interest.
Adjudication proceedings for any other violation of DGFT’s schemes, Foreign Trade Policy, Procedures under the Foreign Trade development activities will be initiated and conducted online.

Procedure to File Appeal

The exporter will have the facility to file an appeal under Section 15 of the For The review proceedings provided in Section 16 of the Foreign Development Act will also be conducted online. The exporters need to submit the review petition online. Review proceedings will be conducted online viz, service of notice, reply to notice, seeking comments from Adjudication Authority, notices for Personal Hearing, Passing of Review order. PH will be conducted through video conferencing or physical hearings at the time and place indicated in the notice for PH at the discretion of the Reviewing Authority. The official notification pertaining to the DGFT Online Module for Adjudication, Appeal, Review proceedings is as follows:

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Frequently Asked Questions

Common questions about DGFT Online Module for Adjudication and Appeal.

The DGFT Online Module is a new digital platform introduced by the Directorate General of Foreign Trade (DGFT) to facilitate adjudication, appeal, and review proceedings related to violations of the Foreign Trade (Development & Regulation) Act, 1992, and the Foreign Trade (Regulation) Rules, 1993. It aims to streamline the entire process online, from filing to hearings and order issuance.

Exporters can file for adjudication proceedings by logging into the official DGFT website using valid credentials, selecting the 'Enforcement cum Adjudication Proceedings' service, and submitting the required documents online. If prescribed export documents are not submitted, a show cause notice will be issued, and proceedings will be conducted online.

Exporters can file an appeal under Section 15 of the Foreign Trade Development Act against an adjudication order within the stipulated period. They need to deposit the penalty amount and submit the appeal online through the DGFT website. Appeals will be processed entirely online, including notices, hearings, and order issuance.

Yes, there is a transition period until March 31, 2021, during which exporters can file appeals either online or manually. However, after manual filing, the subsequent processing will be done through the online module only.

Personal hearings will be conducted through video conferencing or physical hearings, at the discretion of the adjudicating, appellate, or reviewing authority. The time and place for the hearing will be indicated in the online notice.

Yes, the review proceedings provided under Section 16 of the Foreign Trade Development Act will also be conducted online through the DGFT Online Module. Exporters can submit review petitions online, and the proceedings, including notices, hearings, and order issuance, will be carried out digitally.

All correspondence and communication from the adjudicating, appellate, or reviewing authorities will be sent to the exporters through email. Adjudication orders, appellate orders, and review orders will also be served online.

The DGFT Online Module streamlines the entire process of adjudication, appeal, and review proceedings, making it more efficient, transparent, and accessible for exporters. It eliminates the need for physical document submissions and enables remote participation through video conferencing, reducing logistical challenges.

Exporters need to have valid user credentials to log in to the DGFT website and access the online module. They should also have the necessary digital infrastructure and internet connectivity to participate in video conferencing hearings and submit documents online.

While there is a transition period until March 31, 2021, for filing appeals manually, the article does not mention a specific deadline for exporters to completely transition to the DGFT Online Module for all adjudication, appeal, and review proceedings.