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TMI BlogExempts certain goods under Export Promotion Capital Goods (EPCG) SchemeX X X X Extracts X X X X X X X X Extracts X X X X ..... horization issued under the Export Promotion Capital Goods (hereinafter referred to as EPCG) Scheme to Common Service Providers(hereinafter referred to as CSP) designated by the Director General Of Foreign Trade (hereinafter referred to as DGFT) or Department of Commerce(hereinafter referred to as DOC) in Towns Of Export Excellence (hereinafter referred to as TEE)in terms of Chapter 5 of the Foreign Trade Policy permitting import of goods at the rate of three percent duty and the said licence or authorization is produced for debit by the proper officer of customs at the time of clearance : Provided that for import of spare parts specified at Sr.No.4 of the Table annexed, the validity period of the licence or authorization shall be deemed to be the period permitted for fulfilment of the export obligation in full. (2) that the authorization issued under the scheme shall have the details of the users of the said capital goods and the quantum of the Export Obligation(hereinafter referred to as EO) which each user would fulfil. (3) that the goods imported shall not be disposed of or transferred by sale or lease or any other manner till export obligation is completed; (4) that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so that where the capital goods are imported for technological up gradation as per conditions specified in Para 5.10 of the Foreign Trade Policyor by small scale industry units as defined in paragraph 5.1 of the Foreign Trade Policy, as the case may be, the export obligation shall be fixed equivalent to six times the duty saved on the goods imported as may be specified on the licence orauthorization, or for such higher sum as may be fixed by the Licensing Authority orRegional Authority, within a period of eight years from the date of issue of licence subject to the further condition that in the case of Small Scale Industry units the landed CIF value of such imported capital goods under the scheme shall not exceed rupees fifty lakhs and total investment in plant and machinery after such imports shall not exceed the Small Scale Industry limit : Provided also that export obligation of a particular block may be set off against the excess exports made in the said preceding block(s); (5) that if the Authorization Holder does not claim exemption from the additional duty leviable 3[ under sub-sections (1), (3) and (5) of section 3 ] of the Customs Tariff Act, 1975, the additional duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice provider, as the case may be, he may produce the said certificate of installation and usage issued by an independent Chartered Engineer : Provided also that agro units located in Agri Export Zones or service providers in Agri export Zones may move the capital goods within the Agri Export Zones under intimation to 5[ the jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be,] subject to the condition that the Authorization Holder shall maintain accurate record of such movement; (9) that the imports and exports are undertaken through sea ports at Mumbai, Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi-Jamnagar), Muldwarka, Porbander,Dharamtar, Vadinar, and Haldia (Haldia Dock Complex of Kolkata port), or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), Indore and Dabolim (Goa), or through any of the Inland Container ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Regional Authority for this purpose; Provided further that the Export Obligation period shall not be extended beyond 12 years including the original Export Obligation period of 8 years / 12 years as the case may be. 3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may be re-exported back to the foreign supplier within three years from the date of payment of duty on the importation thereof: Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, as the goods which were imported. 1[4. In a case of default in export obligation, when the duty on goods is paid to regularise the default, the amount of interest paid by the importer shall not exceed the amount of duty if such regularisation has been dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/2009-2014 dated the 12th August, 2013.] 6[5. In a case of default in export obligation, when the duty on goods is paid to regularise the default in terms of Public Notice of the Government of India, Ministry of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts, under intimation to Regional Authority and jurisdictional Central Excise Authority: Provided also that exports made to former USSR, or to such countries as notified by Director General of Foreign Trade as on 31.3.08, shall not be counted for fixing the average level of exports: Provided also that the goods on which benefits of reward schemes under Chapter 3 of the Foreign Trade Policy are taken shall not be counted towards the fulfilment of the export obligation : Provided also that exports against only such shipping bills which mention the number and date of the EPCG authorization shall be counted for the discharge of the export obligation: Provided also that exports counted against the authorization issued under this notification shall not be counted towards fulfilment of other specific Export Obligations against other EPCG authorizations; (ii) shall be fulfilled through physical exports and the export proceeds shall be realized in freely convertible currency. However the following categories of supplies, shall also be counted towards fulfilment of export obligation: (a) deemed exports, namely: (1) supply of goods against Advance Authorization or Advance Author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of section 2 of the Central Excise Act, 1944 (1 of 1944). (6) "Towns of Export Excellence(TEE)" means a selected town producing goods of ₹ 1000 Crores or more based on potential for growth in exports. However for TEE in Handloom, Handicraft, Agriculture and fisheries sector the threshold limit would be ₹ 250 Crores. Table Sl.No. Description of goods (1) (2) 1 Capital goods for pre-production, production and post production including second hand capital goods. 2 Capital goods in Semi Knocked Down (SKD)/Completely Knocked Down (CKD) conditions to be assembled into capital goods by the importer. 3 Spare parts of goods specified at Serial Nos.1 and 2 as actually imported and required for maintenance of capital goods so imported, assembled, or manufactured. 4 Spare parts for the existing plant and machinery imported under this scheme. [F. No.605/18/2008-DBK ] (S.R.Meena) Under Secretary to the Government of India. ---------------------- Notes:- 1. Inserted vide Notification No. 46/2013-Customs dated September 26, 2013. 2. Substituted vide Not. 26/2017 - Dated 29-6-2017, 1st day of July, 2017 , before it was read as. " under section 3 &qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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