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TMI BlogVarious amendment in EOU/EPZ SchemeX X X X Extracts X X X X X X X X Extracts X X X X ..... be included under B. 3. Paragraph 6.8 (c) is corrected as under:- " DTA sale shall be admissible only to similar goods as that of the goods manufactured and exported from the unit. In case of doubt in regard to similar nature of goods, the matter shall be referred to the BOA for decision". 4. In paragraphs 6.8(e) and 6.8 (f), the words and expression "Appendix 14-M" is corrected to read as "Appendix 14-L". 5. A new paragraph 6.9 (d) is added as under: " ITA -I items to be cleared in the DTA shall undergo tariff change at four digit level. Only the value added products, which have undergone the process of manufacture would be allowed to be clear in the DTA. 6. Paragraph 6.20 (d) is corrected as under: "The depreciation norms for capital goods of units, including electronics, would be subject to an overall limit of 90% as notified by the Department of Revenue. (i) Depreciation for computers and computer peripherals for all types of electronic units would be as follows: 10% for every quarter in the first year; 8% for every quarter in the second year; 7% for every quarter in the third year; (ii) For capital goods, other than the above, the depreciation rate would be as foll ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Handbook." 14. B) Clause (c) in the Undertaking and Declaration to Annexure 1 of Appendix 14 G, is deleted and the exiting clause (d) is renumbered as (c). 15. The note at the beginning of Appendix 14-K pertaining to " Guidelines on revival/ debonding of sick EOU/ EPZ units" is corrected as under: (Please see Para 6.28 of EXIM Policy & Para 6.28 of this Handbook) 16. A) The note at the beginning of Appendix 14-L pertaining to the "Norms of Scrap/ Waste Material for an export product under export oriented units and units in export processing zones" is corrected as under: "Please see Para 6.8 of Policy and 6.8 of this Handbook." B) S.No 107 of Appendix 14 L is amended as under: S.No Goods Manufactured Goods Used Percentage of scrap or waste on imported goods 107 Silk fabrics Mulberry raw silk/ Douppion yarn 35% 17. The email ID of Development Commissioner, Cochin at S.No 36 of Appendix 24 pertaining to "List of Licensing Authorities and their Jurisdiction", is corrected as under : "[email protected]" 18. The following corrections are made in Appendix 35 pertaining to the List of Agencies Authorised to issue GSP Certification" S.No. Agencies Authorised to issue GS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) A summary of annual performance review will be sent by each Development Commissioner to the Ministry of Commerce for information under the three formats indicated below latest by 31st July every year; Proforma I: Comparative statement of performance and monitoring as compared to previous year; Proforma II: Summary of annual performance of the EOU/EPZ/SEZ units, sector - wise with sectoral sub - totals. Proforma III: Unit-wise statement on NFE and NFEP showing the result of review. PART(A) 3. CRITERIA FOR ANNUAL MONITORING: The criteria for keeping the unit under watch or initiating penal action in respect of EOU/EPZ units would be as follows : i) Watch - If there is shortfall in achieving the NFE/NFEP and/or Export Performance (as per norms in Exim Policy) at the end of 1st and IInd year; ii) Penal action -If at the end of 3rd or subsequent year the NFE/NFEP/EP are not achieved as per Exim Policy, Show Cause Notice will be issued. After consideration of reply of unit, if it is noted that the unit has not achieved NFEP/EP as per policy the Development Commissioner would initiate penal action under the FT(D&R) Act, 1992; iii) If penal action has been initiated against a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R to be completed in the following quarter. The formats of QPR/APR have been prescribed in the LUT at Appendix 14D. (b) Joint review of EP/NFEP of the EOUs would be conducted by the DC / JDC and jurisdictional Deputy Commissioner/Asstt. Commissioner of Customs and Central Excise in the office of Commissioner of Customs/Central Excise where representative of units would also be invited. This will help them to understand the scheme and clear the doubts about operation. The Development Commissioner are advised to identify the number of Customs and Excise Commissioners where the meetings are to be held and work out a scheduled for visiting each of these places. It is suggested that at least two places should be visited each month, so that all places are covered within a period of three months. Some places may be covered by JDC and in the next six months, these could be interchanged between JDC and DC. For EPZ/SEZ units, this review will be done in the Zone itself. (c) For publicising the scheme, advertisement in the local papers may be arranged before the date of such meetings. Promotion program may be organised in collaboration with local industry, Association on any other organisa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the Department of Commerce and CBEC and suggest corrective measures to enable the defaulting units to fulfil their obligations as per Exim Policy/Customs Notifications PROFORMA-I I. APPROVAL AND IMPLEMENTATION OF EOUS / EPZ UNITS: No. of valid approved units : No. of units cancelled : No. of units finally debonded : No. of exporting units : No. of units under implementation : No. of units yet to be implemented : II. result of monitoring : EOU/EPZ units 2000 - 2001 1999 - 2000 a. Units with shortfall in NFEP and/or EP (as per norms in Appendix - I.) at the end of 1st and 2nd year. b. Units which have failed to achieve NFEP / EP as per Appendix-I at the end of 3rd or subsequent years. c. Details of outstanding export proceeds (where the period of realisation is not extended by the competent authority) beyond 180 days at the end of financial year. d. Revenue contributions by the units (a)Excise duty on DTA sale during the financial year (b)Income tax paid, if any, during the year (c)State taxes, cess duties & levies(including CST paid on domestic procurement). a. SEZ UNITS: Units which are operational for more than 1 year. b. Units with negative NFE a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsumed during the year and consumables, spares, etc.). iii. Other outflow of foreign exchange towards royalty, interest on external commercial borrowings etc. iv. Value of physical exports effected excluding DTA sales but including supplies made under para 6.9and 7.8(c) of the policy. 2. Amortised Value of Capital Goods: For this purpose as much value of CG is taken into account as indicated in para 6.5 for NFEP and 7.4 for NFE of the Hand Book of procedure (Vol.I). The CG imported prior to the 5 years period is not taken into consideration for the purposes of NFEP/NFE if the value of said CG is fully amortized. However where investment in plant and machinery is more than Rs. 5.00 crores, the value of imported CG will be apportioned over a period of 8 years. If any capital goods imported duty free is leased from a leasing company or is taken in loan the CIF value of the capital goods shall be included under the imported inputs. However, on return of such CG its unamortized portion of value would be excluded from the calculation formula. 3. Import of raw material, consumables and spares etc: Whatever R. M. Consumables and spares are imported during the year are taken into accoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be permissible if such sale is specifically prohibited in the Exim Policy or the Letter of Permission/Letter of Intent. c) Units may opt for DTA sales on a quarterly, half yearly or annual basis by intimation to the concerned Development Commissioner of the EPZ /SEZ . d) The DTA sales entitlement shall be availed of within three years of the accrual of entitlement. e) An application for sale of goods in DTA as per Exim Policy by the EOUs shall be submitted to the Development commissioner concerned in the form given at Annexure-A. The application shall be certified by an independent Cost/Chartered /Cost and Works Accountant and endorsed by the Bond Officer of Customs/Central Excise having jurisdiction over the unit. The Development Commissioner concerned will determine the extent of the DTA sale admissible and issue authorization in terms of value. An EPZ unit may effect sale in DTA on the basis of records maintained by it subject to payment of applicable duties to Customs Authorities. f) Advance DTA sale permission not exceeding the entitlement accruable on the exports envisaged in the first year shall be permitted and such sale shall be adjusted against the subsequent enti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intained by it subject to payment of applicable duties to Customs authorities. b)The DTA sale of plain jewellery shall be permitted on payment of concessional rate of duty in Indian Rupees as applicable to sale from nominated agencies. In respect of studded jewellery, duty shall be payable in Indian Rupees as notified by Customs. III. OTHER SUPPLIES IN DTA: (i) Sale under para 6.9 of the Policy The following guidelines shall apply to the sale of goods in the DTA in respect of supplies specified in paragraph 6.9 of the Export and Import Policy and paragraph 6.9 of the Handbook of procedures: a) The unit shall, at the time of application, indicate the quantity and value of goods sought to be supplied in the DTA. If the sale is effected against an import license held by the DTA purchaser, the Customs/Central Excise Officer concerned will allow such sales after making a suitable entry on the license of the quantity and value of such sales. The Import license shall cease to be valid for further imports to the extent of such supplies effected by units. b) If, the goods proposed to be sold by the units do not require an import license, the Customs/Central Excise Officer concerned w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... culation Chart enclosed) VI PARTICULARS OF PROPOSED DTA SALE Description of the items proposed to be sold in DTA Value 1. 2. 3. Total DECLARATION I/We hereby declare that the information given above is true and correct Signature of the applicant Name Designation Seal of the Company CHARTERED ACCOUNTANTS CERTIFICATE We have checked and verified the figures mentioned above from the records and books of account of company and found them true and correct Signature Name Membership No Seal CERTIFICATE BY CENTRAL EXCISE AUTHORITY Verified from the records and found correct by Inspector / Supdt. Of Central Excise & Customs I/C of the factory Signature Name Seal Note: Each page may be verified and signed by the Chartered Accountant CALCULATION CHART (TO BE CERTIFIED BY A CHARTERED ACCOUNTANT SHOWING NFEP ACHIEVED IN THE LAST FIVE YEARS OR LESS AS APPLICABLE 1. DETAILS OF EXPORTS: (Rs. in Lakhs) i) F.O.B. value of physical exports made in the last five years or less as applicable Rs. Ii.) Value of supplies made under para 6.9 of the Exim Policy Rs. Iii) Total Rs. 2. DETAILS OF CAPITAL GOODS INCLUDING DG SET AND OTHER OFFICE EQUIPMENTS IMPORTED IN THE LAST FIV ..... X X X X Extracts X X X X X X X X Extracts X X X X
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