TMI BlogEXPORT PROMOTION CAPITAL GOODS (EPCG) SCHEMEX X X X Extracts X X X X X X X X Extracts X X X X ..... VATed. (d) Capital Goods shall include spares (including refurbished/reconditioned spares), tools, jigs, fixtures, dies and moulds. (e) Second hand capital goods shall not be permitted to be imported under EPCG Scheme. (f) Import of Restricted items of imports mentioned under ITC (HS) shall only be allowed under EPCG Scheme after approval from EFC at Headquarters. 6 [(g) Authorization under EPCG Scheme shall not be issued for import of any Capital Goods (including Captive plants and Power Generator Sets of any kind) for i. Export of electrical energy (power) ii. Supply of electrical energy (power) under deemed exports iii. Use of power (energy) in their own unit, and iv. Supply/export of electricity transmission services.] 5.2A (a) Spares (including refurbished/reconditioned spares), moulds, dies, jigs, fixtures, tools, and refractory for initial lining; for existing plant and machinery (imported earlier, under EPCG or otherwise), shall be allowed to be imported under the EPCG scheme subject to an export obligation equivalent to 50% of the export obligation prescribed in para 5.1 above (for import of capital goods), to be fulfilled in 6 years, reck ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) Exports by users of the common service, to be counted towards fulfilment of EO of the CSP shall (i) contain the EPCG Authorization details of the CSP in the respective Shipping bills and (ii) concerned RA must be informed about the details of the Users prior to such export; (ii) Such exports will not count towards fulfilment of other specific export obligations; and (iii) Bank Guarantee (BG) shall be equivalent to the duty saved. BG can be given by CSP or by any one of the users or a combination thereof, at the option of the CSP. 5.4 AU Condition under EPCG Import of capital goods shall be subject to Actual User condition till export obligation is completed. 5.5 Export Obligation (EO) Following conditions shall apply to the fulfilment of the EO:- (a) EO shall be fulfilled by export of goods manufactured / services rendered by the applicant. (b) EO under the scheme shall be, over and above, the average level of exports achieved by the applicant in the preceding three licensing years for the same and similar products within the overall EO period including extended period, if any; except for categories mentioned in paragr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rimary agricultural product(s) notified in Appendix 8 or their value added variants. 5.6 Indigenous Sourcing of Capital Goods and benefits to Domestic Supplier A person holding an EPCG Authorization may source capital goods from a domestic manufacturer. Such domestic manufacturer shall be eligible for deemed export benefit under paragraph 8.3 of FTP. Such domestic sourcing shall also be permitted from EOUs and these supplies shall be counted for purpose of fulfilment of positive NFE by said EOU as provided in Para 6.9 (a) of FTP. 5.7 Fixation of Export Obligation (EO) In case of direct imports, EO shall be reckoned with reference to actual duty saved amount. In case of domestic sourcing, EO shall be reckoned with reference to notional Customs duties saved on FOR value. 5.8 Technological Upgradation of existing EPCG machinery EPCG Authorization holders can opt for Technological Upgradation of existing capital goods imported under EPCG Authorization(s). Conditions governing are as under: (a) Minimum time period for applying for Technological Upgradation is 4 years from earlier EPCG Authorization issue-date. (b) Minimum exports made must be 50% of total expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and J K For units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Jammu Kashmir, specific EO shall be 25% of the EO, as stipulated in Para 5.1 or Para 5.2, as applicable. There shall be no change in average EO as stipulated in Para 5.5, if any. --------------------------- Notes:- 1 Substituted vide Notification No.8 (RE-2012) /2009-2014, Dated 26/07/2012 , before it was read as:- (a) Spares (including refurbished/reconditioned spares), moulds, dies, jigs, fixtures, tools, refractory for initial lining and catalyst for initial charge as well as catalyst for subsequent charge upto a maximum 2 times during Export Obligation Period (EOP); for existing plant and machinery (imported earlier, under EPCG or otherwise), shall be allowed to be imported under the EPCG scheme subject to an export obligation equivalent to 50% of the export obligation prescribed in para 5.1 and 5.2 above (for import of capital goods), to be fulfilled in 8 years (6 years for zero duty EPCG), reckoned from Authorization issue date. This would however be subject to the condition that the c.i.f. value of import of the above spar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... products), 45, 47, 68, 71, 81 (metals in primary and intermediate forms only), 89, 93, 97, 98. (ii) ITC(HS) 4011 to 4013, ITC(HS) 7401 to 7406, 7501 to 7504, 7601 to 7603, 7801,7802, 7901 to 7903, 8001, 8002 and 8401. However, zero duty EPCG Scheme will be available for handicraft exports under Chapters 5, 68, 97. (d) Zero duty scheme shall also not be available for units who are currently availing any benefits under Technology Upgradation Fund Scheme (TUFS) administered by Ministry of Textiles, Government of India. (e) Zero Duty Scheme shall also be available to such exporters who may have obtained benefit under TUFS (i) but the exact line of business in TUFS (say cotton yarn) is different from the line of business under EPCG (say machinery for blast furnace); or (ii) if the exporter refunds such benefits availed under TUFS with applicable interest, before availing EPCG. (f) Zero duty EPCG scheme shall not be available to exporters, who avail in that year, the benefit of Status Holder Incentive Scheme under Paragraph 3.16 of FTP. In case they have already availed SHIS benefit they would be eligible for Zero Duty Scheme if they surrender or refund SHIS on similar lines ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g years. (iii) Vehicles imported shall be so registered that the vehicle is used for tourist purpose only. A copy of the Registration certificate should be submitted to concerned RA as confirmation of import of vehicle. However, parts of motor cars, sports utility vehicles/all purpose vehicles such as chassis etc. cannot be imported under the EPCG Scheme. (i) Import of Restricted items of imports mentioned under ITC (HS) shall only be allowed under EPCG Scheme after approval from EFC at Headquarters. 5.2 A 1 [ Spares (including refurbished/reconditioned spares), moulds, dies, jigs, fixtures, tools, and refractory for initial lining; for existing plant and machinery (imported earlier, under EPCG or otherwise), shall be allowed to be imported under the EPCG scheme subject to an export obligation equivalent to 50% of the export obligation prescribed in para 5.1 and 5.2 above (for import of capital goods), to be fulfilled in 8 years (6 years for zero duty EPCG), reckoned from Authorization issue date. This would however be subject to the condition that the c.i.f. value of import of the above spares etc. will be limited to 10% of the value of plant and machinery i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the details of the Users prior to such export; (ii) Such exports will not count towards fulfillment of other specific export obligations; and 2 [ (iii) Bank Guarantee (BG) shall be equivalent to the duty saved. BG can be given by CSP or by any one of the users or a combination thereof, at the option of the CSP. ] 5.4 Conditions for import of Capital Goods Import of capital goods shall be subject to Actual User condition till export obligation is completed. 5.5 Export Obligation (EO) Following conditions shall apply to the fulfillment of the EO:- (a) EO shall be fulfilled by export of goods manufactured / services rendered by the applicant. (b) EO under the scheme shall be, over and above, the average level of exports achieved by him in the preceding three licensing years for the same and similar products within the overall EO period including extended period, if any; except for categories mentioned in paragraph 5.7.6 of HBP Vol. I. Such average would be the arithmetic mean of export performance in the last three years for the same and similar products provided that Premier Trading House (PTH) shall have option of fixing average level of exports base ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from a domestic manufacturer. Such domestic manufacturer shall be eligible for deemed export benefit under paragraph 8.3 of FTP. Such domestic sourcing shall also be permitted from EOUs and these supplies shall be counted for purpose of fulfillment of positive NFE by said EOU as provided in Para 6.9 (a) of FTP. 5.7 Fixation of Export Obligation (EO) In case of direct imports, EO shall be reckoned with reference to actual duty saved amount. In case of domestic sourcing, EO shall be reckoned with reference to notional Customs duties saved on FOR value. 5.8 Technological Upgradation of existing EPCG machinery EPCG Authorization holders can opt for Technological Upgradation of existing capital good imported under EPCG Authorization(s). Conditions governing are as under: (a) Minimum time period for applying for Technological Upgradation is 5 years from earlier EPCG Authorization issue-date. (b) Minimum exports made must be 40% of total export obligation imposed on earlier EPCG Authorization(s). (c) EO would be re-fixed such that (i) total EO shall be sum total of 6 times of duty saved of earlier EPCG and the new one, and (ii) EOP is 8 years from EPCG a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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