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Regarding implementation of Post Export EPCG Scheme under FTP 2015-2020

Customs - 17/2015 - Dated:- 1-4-2015 - [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No.17/ 2015 - Customs New Delhi, the 1st April, 2015. G.S.R. 253 (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goo .....

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ns (1), (3) and (5) of section 3 ] of the said Customs Tariff Act. 2. The exemption under this notification shall be subject to the following conditions, namely:- (1) that the said scrip is granted against a valid authorisation issued under para 5.28 of the Handbook of Procedures (hereinafter referred to as the said authorisation) by the Regional Authority to an applicant (hereinafter referred as the authorisation holder) who opted for the scheme of Post Export EPCG Duty Credit Scrip: 1[***] (2) .....

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ation is produced before the proper officer of customs at the time of clearance of the goods for endorsement of the import particulars and in cases where the authorisation holder has opted that the Cenvat Credit under Cenvat Credit Rules, 2004 in respect of the additional duty under section 3 of the Customs Tariff Act , 1975 (51 of 1975) paid (hereinafter referred to as additional duty of customs) shall not be taken, the proper officer endorses Not valid for Cenvat Credit on the bill of entry: P .....

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een imported; 3[(4) that the capital goods imported under the said authorisation are installed and put to use, after their import, in the authorisation holder's factory or premises and at the time of registration of the said scrip a certificate, confirming such installation and use of the goods, from the jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs having jurisdiction over authorization holder s factory or premises, as the case may be, or from an indepen .....

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f the certificate, upon its issuance, to the jurisdictional Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be, as intimation or record: Provided further that in the case of manufacturer authorisation holder and merchant authorisation holder having supporting manufacturers or in the case of import of irrigation equipment for use in contract farming for export of agricultural products or in the case of authorisation holder rendering services, the capital g .....

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port obligation and all other conditions. This shall not apply to a CSP: 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 the jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition that the authorisation holder shall maintain accurate record of such movement;] (5) that where the goods imported und .....

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, no duty remission in the form of duty credit scrip for the duty paid at the time of import on the re-exported goods shall be allowed; (c) after any duty remission in the form of duty credit scrip has been claimed in respect of the duty paid on the goods imported under the said authorisation, no duty drawback shall be allowed when the goods are re-exported and the export obligation shall also not be re-fixed; (6) that goods imported under the said authorisation are not disposed of or transferre .....

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nce (No.2) Act, 2004 (23 of 2004) paid and Secondary and Higher Education Cess under section 136 of the Finance Act, 2007 (22 of 2007) paid on goods imported under the said authorisation, on Free On Board basis, which is to be fulfilled within an export obligation period of six years from the date of issue of the said authorisation: Provided that additional duty of customs shall not be taken for computation for the purpose of fixation of export obligation when the Cenvat Credit in respect of add .....

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treatment plants, wind mill and wind mill turbine or engine, other generating sets - wind powered, electrically operated vehicles . motor cars, electrically operated vehicles - lorries and trucks, electrically operated vehicles - motor cycle and mopeds, and solar cells: Provided also that for units located in Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the export obligation specified above: Provided .....

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vernment. In cases where the time period is not specified in the rehabilitation package, the export obligation may be fulfilled within the period specified in paragraph 5.05 of the Foreign Trade Policy; (8) that the duty remission granted as duty credit in the said scrip bears the same proportion to the amount which is the basic customs duty on the goods imported under the said authorisation which were considered for fixation of export obligation, as the extent of export obligation fulfilled (ov .....

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p less the export obligations fulfilled that have been counted towards the previously issued duty credit scrips against the said authorisation; (d) in condition (c) above, the export obligation fulfilled till the last export included in the said scrip shall be taken as the total export obligation fulfilled in the following cases - (i) where the authorisation holder fulfills seventy five per cent. (75%) or more of the export obligation as specified in condition (7) [over and above hundred per cen .....

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shall apply severally to each duty credit scrip, including the said scrip, issued against the said authorisation; (f) the exports and supplies made within the export obligation period specified in condition (7) shall count towards fulfillment of export obligation; (g) for fulfillment of export obligation, the payments against exports or supplies should have been realised. (9) that where the first proviso to condition (7) is applied, the Cenvat Credit in respect of additional duty of customs shal .....

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ed that when the authorisation holder is not registered with Central Excise, he may produce the said certificate on self-certification basis; (10) that the duty remission in the said scrip does not relate to duties paid on the imports made under the said authorisation which have not been installed and put to use; (11) that the duty remission in the said scrip has not been obtained as a consequence of indigenous sourcing of capital goods; (12) that the said scrip is issued, on request of the auth .....

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nst the said scrip are undertaken through the seaports, airports or through the inland container depots or through the land customs stations as mentioned in the Table 2 annexed to the Notification No 16/ 2015- Customs dated 01.04.2015 or a Special Economic Zone notified under section 4 of the Special Economic Zones Act, 2005 (28 of 2005): Provided that the Commissioner of Customs may, by special order or a public notice and subject to such conditions as may be specified by him, permit import and .....

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ayment of applicable duties in cash; (b) evidence showing the extent of export obligation fulfilled within the export obligation period; (c) certificate confirming installation and use as prescribed in condition (4) above; (d) certificate that Cenvat Credit has not been taken as prescribed in condition (9) above, where applicable; (e) undertaking from the authorisation holder to the effect that,- (i) the goods imported under the said authorisation have not been disposed of or transferred by sale .....

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ms authority endorses details of the said scrip and the remark Drawback not available on re-export on the bill(s) of entry, and registers the said scrip; (15) that the said scrip and goods imported against it shall be freely transferable; (16) that the said scrip is produced before the proper officer of customs at the time of clearance for debit of the duties leviable on the goods and the proper officer taking into account the debits already made under this exemption and the debits made under th .....

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Customs Tariff Act, 1975 (51 of 1975) he shall be deemed not to have availed the benefit under this notification for the purpose of calculation of the said additional duty of customs; (19) that the benefit under this notification shall not be available to the items listed in Appendix 3A of Appendices and Ayat Niryat Forms; (20) that the importer shall be entitled to avail of the drawback of the duty of Customs leviable under the First Schedule to the said Customs Tariff Act against the amount de .....

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ignated or certified as a Common Service Provider by the Director General of Foreign Trade (DGFT), Department of Commerce or State Industrial Infrastructural Corporation in a Town of Export Excellence; (C) Export obligation ,- (I) means obligation on the authorisation holder to export to a place outside India, goods manufactured or capable of being manufactured or services rendered by the use of capital goods imported under the said authorisation and the export obligation shall be over and above .....

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culture, carpet, coir and jute, the authorisation holder shall not be required to maintain the average level of exports: Provided further that in case of export of goods relating to aquaculture (including fisheries), the authorisation holder shall not be required to maintain the average level of exports subject to the condition that said authorisation has been obtained for goods other than fishing trawlers, boats, ships and other similar items: Provided also that the goods, excepting tools, impo .....

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shall be counted for the fulfillment of the export obligation; Provided also that in the case of authorisation issued to a CSP, - (i) the reference to authorisation holder in this Explanation shall be taken to mean a reference to CSP and specific users whose details are informed prior to export by CSP to the Regional Authority ; (ii) for the exports by users of the common service to be counted towards fulfillment of export obligation of CSP, the respective shipping bills of the users of common .....

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ceeds realised in freely convertible currency. However the following categories of supplies shall also be counted towards fulfillment of export obligation: (a) deemed exports, namely:- (i) supply of goods against Advance Authorisation or Advance Authorisation for annual requirement or Duty Free Import Authorisation Scheme; (ii) supply of goods to Export Oriented Units or Software Technology Parks or Electronic Hardware Technology Parks or Biotechnology Park; (iii) supply of goods to projects fin .....

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ent of Economic Affairs, Ministry of Finance under ICB in accordance with the procedures of those agencies or funds, where bids may have been invited and evaluated on the basis of Delivered Duty Paid (DDP) prices for goods manufactured abroad; (v) supply of goods to any project or purpose in respect of which the Ministry of Finance, by Notification No. 12/2012-Customs dated 17-3-2012, as amended from time to time, permits import of such goods at zero customs duty subject to conditions specified .....

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of power has been tied up through tariff based competitive bidding or if the project has been awarded through tariff based competitive bidding; (vii) Supply of goods to nuclear power projects through National Competitive Bidding (NCB) or through ICB as provided in clause(h) of para 7.02 of Foreign Trade Policy: (b) supply of ITA-1 items to Domestic Tariff Area, provided realisation is in free foreign exchange; (c) royalty payments received in freely convertible currency and foreign exchange rec .....

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blished by the Government of India in the Ministry of Commerce and Industry vide public notice No. 01/2015-2020, dated the 1st April 2015 as amended from time to time; (F) Manufacture has the same meaning as defined in clause (f) of section 2 of the Central Excise Act, 1944 (1 of 1944); (G) Regional Authority means the Director General of Foreign Trade appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorized by him to grant an au .....

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required for the existing plant and machinery of the authorisation holder [F.No.605/55/2014-DBK] (Sanjay Kumar) Under Secretary to the Government of India - Notes:- 1. Omitted vide Not. 52/2016 - Dated 23-9-2016, before it was read as, "Provided that the applicant is not issued, in the year of issuance of the said authorisation, the duty credit scrips under the erstwhile Status Holders Incentive Scrip (SHIS) scheme. In the case of applicant who is Common Service Provider (hereinafter referr .....

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said authorisation has been issued in that year shall not be issued in future years also;" 2. Substituted vide Not. 26/2017 - Dated 29-6-2017, 1st day of July, 2017 , before it was read as. under section 3 3. Substituted vide Not. 26/2017 - Dated 29-6-2017, 1st day of July, 2017 , before it was read as. "(4) that the capital goods imported under the said authorisation are installed and put to use, after their import, in the authorisation holder s factory or premises and at the time of .....

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