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GENERAL PROVISIONS REGARDING EXPORTS AND IMPORTS

Chapter 2 - Procedure - Hand Book of Procedure - DGFT - Chapter 2 - CHAPTER 2 2.00 Policy Policy relating to is given in Chapter-2 of FTP. 2.01 Coverage This chapter covers procedure for various applications including their complete documentation. Procedure for applications for authorisations/ license/ permissions/ certificates for import/export and applications for benefits under FTP are spelt out. 2.02 Countries of Imports / Exports Unless otherwise specifically provided, international trade ( .....

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ts are either in English or Hindi. Documents in regional languages may be got translated into English or Hindi and the translated copy may be self-certified and submitted along with the Original copy. 2.04 Territorial Jurisdiction of RA Territorial jurisdiction of RAs is given in Appendix 1A of Appendices and Aayat Niryat Forms. The address of applicant determines the jurisdiction of RA. Each application, unless otherwise specified, shall be submitted to jurisdictional RA . 2.05 Incomplete Appli .....

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re provided for in Appendix-2K. Importer Exporter Code (IEC): 2.07 IEC Number Exempted Categories (a) IEC is compulsory for import and /or exports. However, the following categories of importers or exporters are exempted from obtaining IEC. Sl. No. Categories Exempted from obtaining IEC (i) Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and (k)] of Foreign Trade (Exemption from application of Rules in certain cases) .....

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ot exceed Indian ₹ 25,000/-; and in the case of China, (a) for import/export of goods through Gunji and Namgaya Shipkila, CIF value of single consignment does not exceed Indian ₹ 1,00,000/-;and (b) for import/export of goods through Nathula, CIF value of single consignment does not exceed ₹ 2,00,000/-. ] Further, exemption from obtaining IEC shall not be applicable for export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) as listed in Appendix .....

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or partially owned by them. 3 0100000037 Diplomatic personnel, Counsellor officers in India and officials of UNO and its specialised 4 0100000045 Indians returning from / going abroad and claiming benefit under Baggage Rules. 5 0100000053 Persons /Institutions /Hospitals importing or exporting goods for personal use, not connected with trade or manufacture or 6 0100000061 Persons importing/exporting goods from /to Nepal 7 0100000070 Persons importing / exporting goods from / to Myanmar through .....

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ued by Ministry of Finance for bonafide use by victims affected 12 0100000134 Persons importing/exporting permissible goods as notified from time to time, from /to China through 13 0100000169 Non-commercial imports and exports by entities who have been authorised by Reserve Bank of India. 2.08 Application for IEC (a) Exporters / Importers shall file an application in ANF 2A format for grant of e-IEC. Those who have digital signatures can sign and submit the application online along with the requ .....

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m again by paying the requisite application processing charges. 2.09 IEC Format An IEC will be issued in prescribed format (ANF 2(A) (II)). A copy of such IEC shall be endorsed to concerned banker (as per details given in ANF 2A). Such endorsement should ordinarily be done using emails. 2.10 Validity of IEC An IEC allotted to an applicant shall have permanent validity unless cancelled by the competent authority. The IEC will cover all branches / divisions / units / factories of the applicant. 2. .....

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the custodian of such file and will allow de-bonded unit to make necessary modification in IEC. (d) The de-bonded unit to be eligible for benefits from the RA as per FTP. 2.12 One PAN-One IEC Only one IEC shall be issued against a single PAN. Multiple IECs against a single PAN stands deactivated suo-motu after 31.03.2015. 2.13 Surrender of IEC If an IEC holder does not wish to operate allotted IEC, he may surrender the same to the issuing authority. On receipt, the issuing authority shall immedi .....

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ange in Directors of Public Limited Company. 14[2.14 (A) Modification/Change in Branch Office/Head Office/Registered Office Address in IEC involving a shift in jurisdictional RA: When an IEC holder seeks modification/change of Branch Office/Head Office/Registered Office address in its IEC and which involves a shift in its jurisdictional RA, a request to that effect will have to be made to the new RA to whose jurisdiction the applicant is shifting its Office. A copy of this request with applicati .....

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f Importer / Exporter (a) ANF-1 contains the profile of the importer/exporter. IEC Holder shall be responsible for updating the same as and when a change takes place immediately or in any case at least once in a year. (b) Documents which are uploaded in the Importer-Exporter Profile are not required to be filed each time the importer/exporter applies for authorisations/scrips under different schemes of this FTP. Issue of Authorisation: 2.16 Validity period of Authorisation/ Licence / Certificate .....

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ations for restricted items and CCP 18 months (iv) EPCG Authorisation 18 months (v) Advance Authorisations (AA) for Deemed Export Coterminous with contracted duration of project execution or 12 months, whichever is more. (vi) AA {except (v) above}, DFIA, Replenishment Authorisation for Gems & Jewellery as per Chapter 4 of FTP. 12 months from issue date. However, DGFT may decide to issue specific authorisation/ class of authorisations for a longer/shorter validity period. 2.17 Date of reckoni .....

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oning of export. 2.18 Validity of Authorisation/ Licence for import/export (a) Authorisations must be valid on the date of import. (b) Similarly, export obligation period of an Authorization must be valid on the date of export. 2.19 Validity of Scrips Scrips under Chapter 3 and 5 must be valid on the date on which actual debit of duty is made. 2.20 Revalidation of Import / Export Licence Certificate/ Authorisation / Permissions for Non-SCOMET items (a) RA concerned may revalidate import authoris .....

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aragraph 2.20 above would be permitted under specific orders of Head of concerned Office and such revalidation would be maximum up to the extent of custody period. 2.22 Application for Revalidation An application for revalidation of authorisation (other than SCOMET Authorisation), may be made to RA concerned. RA would consider such application as per FTP. Where DGFT is concerned authority, original application shall be submitted to RA concerned and self-attested copy of same shall be submitted t .....

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against an application accompanied with following documents: (i) An application with fee equivalent to 10% of duty saved or duty credit (of unutilized balance). (ii) A copy of FIR reporting loss. (iii) Self- declaration to indemnify revenue loss, which may be caused on account of issue of such duplicate. 2.25 Exception When an Authorisation is lost by a Government agency and a proof to this effect is submitted, documents at serial nos. (i) to (iii) of Paragraph 2.24 above shall not be required. .....

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ion Provision of Paragraph 2.26 and 2.27 shall be applicable for cases covered under both Paragraph 2.23 and 2.24 Bank Guarantee /LUT: 2.29 Execution of BG/Legal undertaking for Advance Authorisation/ EPCG Authorisation (a) Before clearance of goods through Customs, Authorisation holder shall execute a BG/LUT with Customs Authorities. In such cases, RA shall endorse the following condition on the licence/ Authorisation: "BG / LUT as applicable, to be executed with concerned Customs Authorit .....

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he authorisation that the Customs Authority shall release/redeem BG/LUT only after receipt of NOC or EODC from the RA concerned. RA shall endorse a copy of the same along with a forwarding letter to the Customs Authority at the Port of registration for their information and record. 2.30 Corporate Guarantee A status holder or a PSU may also submit Corporate Guarantee in lieu of Bank Guarantee/LUT in terms of the provisions of relevant Customs Circular in this regard. 2.31 Advance Payment In case, .....

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FTP, even in cases where supplies are under lease financing. In case of loss of Documents: 2.33 Issuance of scrips against lost EP copy of the Shipping Bills and / or original Bank Realisation Certificate Where EP copy of Shipping Bill / original BRC is lost, claim for Scrips under Chapter 3 and Chapter 5 can be considered subject to submission of following documents: (i) A duplicate /certified copy of relevant document issued by Customs Authority / Bank in lieu of original; (ii) An application .....

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stoms Authority, before allowing clearance, shall ensure that benefit / duty credit against such shipping bill has not been availed. 2.34 Claims against lost copy of shipping bill Claim against lost Shipping Bill / BRC shall be preferred within a period of six months from date of release of duplicate copy of Shipping Bill / date of realization of export proceeds. Any application received thereafter shall be rejected. 2.35 Submission of Certified Copies of Documents Wherever original documents ha .....

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s duties. Goods can be cleared against Bill of Entry for home consumption, on payment of custom duty and on submission of Authorisation wherever required, after an order for clearance of such goods for home consumption is issued by competent customs authorities. In case of clearance against duty free categories /concessional duty categories, exemption / concession from duty shall be allowed. (b) Goods can be re-exported without payment of customs duty provided shipping bill or a bill of export i .....

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date of issue unless otherwise specified. (ii) An application for grant of Free Sale and Commerce Certificate may be made to RA concerned as per format in ANF 2 H of Appendices and Aayat Niryat Forms with Annexure A therein. RA shall issue Free Sale and Commerce Certificate as per Annexure B of ANF2H. (b) (i) RAs may also issue, on application, Free Sale and Commerce Certificate for export of any other item which is not restricted or prohibited for export. Validity of such certificate shall be t .....

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re permitting export of the same from their country, RA may issue such certificates as per Appendix 2Q of Appendices and Aayat Niryat Forms. The certificate shall be issued based on application made under ANF 2 J along with documents prescribed therein. 2.39 Imports under Indo-US Memorandum of Understanding (a) Import of specified capital goods, raw materials and components, from United States of America (USA) is subject to US Export Control Regulations. US suppliers of such items are required t .....

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le industries and entities not covered above as well as on behalf of any of the above; (v) Embassy of India, Washington, DC, on behalf of any of the above. (b) Application for an import certificate shall be made in ANF 2K(i). Import certificate in Appendix-2P(Ia) may be issued by ICIA directly to importer with a copy to (i) Ministry of External Affairs (MEA) (AMS Section), New Delhi, (ii) DoE, New Delhi; and (iii) DGFT. (c) However, this import certificate will not be regarded as a substitute fo .....

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USA provided the importer submits the following documents in ANF 2K(i) : (i) documentary proof of Bill of Lading indicating Port of USA, (ii) legal undertaking that goods shall not be exported/ alienated; and (iii) Import is with Actual User condition. (e) In case the importer wants to subsequently export the imported items from USA,, or any part thereof, such export will require an authorisation from DGFT as per ANF 2K(ii) and Export certificate will be issued in the format Appendix-2P(ib). (f .....

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r any law in force, and gift sought to be imported has been exempted from payment of customs duty, such import shall be allowed by customs authorities without a CCP. 2.41 Import of Cheque Books /Ticket Forms etc. Indian branches of foreign banks, insurance companies and travel agencies may import chequebooks, bank draft forms and travellers cheque forms without a CCP. Similarly, airlines / shipping companies operating in India, including persons authorised by such airlines / shipping companies, .....

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ent thereof may be supplied free of charge by foreign suppliers or imported against a marine insurance or marine-cum-erection insurance claim settled by an insurance company. Such goods shall be allowed clearance by the customs authorities without an import Authorisation provided that: (a) Shipment of replacement goods is made within 24 months from date of clearance of previously imported goods through Customs or within guarantee period in case of machines or parts thereof where such period is m .....

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oms authorities without an import Authorisation. (b) This procedure shall also apply to cases in which short shipment of goods is certified by foreign supplier, who has agreed to replace free of cost. (c) Cases not covered by above provisions will be considered on merits by DGFT for grant of Authorisation for replacement of goods for which an application may be made as per paragraph 2.50 of HBP. 2.45 Import of Overseas Office Equipment On winding up of overseas offices, set up with approval of R .....

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300 Sherwood, 32/40, .256, .275, .280, 7m/m Mauser, 7 m/m Man Schoener, 9m/m Mauser, 9 m/m Man Schoener, 8x57, 8x57S, 9.3 m/m, 9.5 m/m, .375 Magnum, .405, .30.06, .270, .30/30 Winch, .318, .33 Winch,.275 Mag., .350 Mag.,400/350, .369 Purdey, .450/400, .470, .32 Win,.458 Win, .380 Rook, .220 Swift and .44 Win. bores. (b) An import Authorisation shall be issued at 5% of value of annual average sales turnover of ammunition (whether indigenous or imported) during preceding three licensing years subj .....

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e allowed.] (ii) The eligible unit may furnish an application given in Appendix-8A to RA concerned duly countersigned by Chartered Accountant. (iii) In respect of duty free import of R&D equipment, units not registered with Central excise shall be allowed to give Installation Certificate issued by an independent Chartered Engineer. 6[(B) Agro-Chemicals Sector (i) Duty free imports of goods as specified in list 28A of Customs notification No. 21/2012 dated 17.3.2012, upto 1% of FOB value of e .....

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8 Import under Govt. to Govt. Agreements Import of goods under Government to Government agreements may be allowed without an Authorisation or CCP on production of necessary evidence to satisfaction of Customs authorities. 2.49 Transfer of Imported Goods (a) Cases where prior permission is required: Transfer of imported goods which are subject to Actual User condition and have become surplus to needs of Actual User, shall be made only with prior permission of RA concerned. Following information a .....

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and seller. (b) Cases where prior permission is not required (i) in case of sale or otherwise by importer of freely importable goods; (ii) for goods imported with Actual User condition, provided such good is freely importable without Actual User condition on date of transfer (iii) for goods with AU Condition after a period of two years from the date of import. (iv) for transfer of Imported Firearms (a) after 10 years of import or (b) on attaining the age of 60 years by such importer. (v) for tra .....

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the sole purpose of pursuing shooting as a sport after one year from the date of its first sale. Such transfer/sale is subject to the provisions of the Arms Act, 1959 and other rules/regulations by state/local police. NRAI/Department of Sports will maintain the required records. Import of Restricted Items: 2.50 Import of Restricted Items An application for grant of an Authorisation for import or export of items mentioned as Restricted in ITC (HS) may be made to RA, with a copy to DGFT Hqrs in AN .....

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ranting authorisation. The Assistance of technical authorities may also be taken by seeking their comments in writing. Facilitation Committee will consist of representatives of Technical Authorities and Departments / Ministries concerned. (b) Import authorisations for a restricted item, if so directed by the competent authority, shall be issued for import through one of the sea ports or air ports or ICDs or LCS, as per the option indicated, in writing, by the applicant. However, for import of ro .....

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s, Travel Agents, Tour Operators and other Specified Categories Items mentioned as restricted for imports in ITC (HS) required by hotels, restaurants, travel agents and tour operators may be allowed against an Authorisation, based on recommendation of Director General, Tourism, Government of India. (a) Hotels, including tourist hotels, recognised by Director General of Tourism, Government of India or a State Government shall be entitled to import Authorisation upto a value of 25% of foreign exch .....

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mport of essential goods which are restricted for imports related to travel and tourism industry, including office and other equipment required for their own professional use. (c) Import entitlement under paragraphs 2.52 (a) and 2.52 (b) of any one licensing year can be carried forward, either in full or in part, and added to import entitlement of two succeeding licensing years. (d) Such imported goods may be transferred after 2 years with permission of DGFT. No permission for transfer will be r .....

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ts of Government All restricted items and items permitted to be imported by STEs, except live animals, required for R&D purpose may be imported without an Authorisation by Government recognized Research and Development units. 2.54 Import of Metallic Waste and Scrap Import of any form of metallic waste, scrap will be subject to the condition that it will not contain hazardous, toxic waste, radioactive contaminated waste / scrap containing radioactive material, any type of arms, ammunition, mi .....

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stampings, whether or not in bundles. 7. 72044900 Other 8. 72045000 Re-melting scrap ingots 9. 74040010 Copper scrap 10. 74040022 Brass scrap 11. 75030010 Nickel scrap 12. 76020010 Aluminium scrap 13. 79020010 Zinc scrap 14. 80020010 Tin scrap 15. 81042010 Magnesium scrap (b) Freely Importable metallic waste and scraps (shredded) as listed above shall be permitted through all ports of India subject to following conditions: (i) At the time of the clearance of goods, importer shall furnish to the .....

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ntract with the exporter stipulating that the consignment does not contain any radioactive contaminated material in any form. (c) Import from Hodaideh, Yemen and Bandar Abbas, Iran will be in shredded form only. (d) Import of un-shredded compressed and loose form of metallic waste, scrap listed in paragraph 2.54(a) above in shall be subject to the following conditions:- (i) At the time of the clearance of goods, importer shall furnish to the Customs pre-shipment inspection certificate as per the .....

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at place as also the maximum radiation level on the scrap. (ii) The imported item (s) is actually a metallic waste/ scrap /seconds /defective as per the internationally accepted parameters for such a classification. (iii) Copy of the contract between the importer and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radioactive contaminated, or any other explosive material in any form either used or otherwise. (iv) Import of s .....

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5. ICD Pitampur and 26. ICD Malanpur . 10[Para 2.54 A Import of certain categories of processed metallic scrap at designated ports having Scanner/Radiological Detection Equipment (RDE) facilities Notwithstanding the procedure stated in paragraph 2.54(b) above, Import of processed metallic scrap, as described in paragraph (f) below, may be allowed at designated ports (with Scanner/RDE facility), as listed in Appendix 2G-1 of Appendices and Aayat Niryat Forms of FTP 2015-20, without PSIC ( as per .....

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it does not contain any explosive or radioactive material; and (iii) That the importer shall be liable for re-export of contaminated material, if detected on arrival in India, back to the exporter/exporting country at his own risk and cost. (b) Importer shall furnish bank guarantee of ₹ 10,00,000/- (Rupees ten lakh) to the Customs as security amount. (c) Importer shall also have to submit a copy of contract with the exporter stipulating that the consignment does not contain any type of arm .....

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e being cleared by the Customs. The scanning of the containers at the sea port of arrival would be mandatory regardless of the fact that the container may be destined for any ICD or CFS. (e) In the event, the declaration given by the importer is found to be false / incorrect, the importer shall be responsible for exporting back the contaminated consignment back to the exporting country at his risk and cost and shall also be liable for enforcement of bond/forfeiture of security amount, in additio .....

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ect of PSIAs have to be made in proforma prescribed in ANF 2L. The scanned copy of application in ANF 2L, along with relevant annexures and documents should be sent by e-mail to DGFT (at psia-dgft@nic.in), in addition to sending the same by post. (b) For applicants based in India application fee will be ₹ 7500/- and for applicants based abroad the application fee will be US $200. The fees may be amended from time to time by DGFT. (c) The applications will be considered by an Inter- Ministe .....

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operation, by deputing its Inspectors. However, for such inspections in other countries, the PSIA will be required to give prior intimation to DGFT by sending an email (at psia-travel-dgft@gov.in) and furnishing details of visit / inspection done by the Inspector in PSIC. Para 2.56 Responsibility and Liability of PSIA, Importer and Exporter (a) In case of any mis-declaration in PSIC or mis-declaration in application form for recognition as PSIA, PSIA would be liable for penal action under Foreig .....

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ed by the PSIA on DGFT website or emailed to DGFT (at psic-dgft@gov.in). The certificate shall be issued in prescribed form Appendix 2H. (d) The PSIA will also be required to take photographs or make video of the inspection carried out, duly capturing the following activities/details: (i) Photograph(s) or video clipping of the place of inspection with PSIA inspector (mandatory) and representatives of exporter / importer, if available (optional); with time, date of the inspection (at least 1 phot .....

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ite by PSIA, through digital signatures or sent to psic-dgft@gov.in through registered e-mail of PSIA. Till such time the DGFT website link is operationalized, the PSIC and photographs/videos will be e-mailed to the DGFT (at psic-dgft@gov.in).] 2.57 Import of other kinds of metallic waste and scraps Import of other kinds of metallic waste and scrap will be allowed in terms of conditions of ITC (HS). 2.58 Imports of seconds and defectives Import policy for second and defective, rags, PET bottles .....

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try of Finance (Department of Revenue), Notification No. 21/2002- Customs dated 01.03.2002 and Notification No. 33/2010- Customs dated 12.03.2010. As per these, import of four items viz., (1) Skimmed and whole milk powder, milk food for babies etc. (0402.10 or 0402.21) and White Butter, Butter oil, Anhydrous Milk Fat (0405) (2) Maize (corn): other (1005.90) (3) Crude sunflower seed or safflower oil or fractions thereof (1512.11) and (4) Refined rape, colza or mustard oil, other (1514.19 or 1514. .....

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ed oil 151211 50/300 50/75 12/12-Cus Sl. No. 60/61 1,50,000MT Rape, colza or mustard oil 151419 45/75 45/10 12/12-Cus Sl. No. 64/66 1,50,000MT 151499 45/75 45/10 12/12-Cus Sl. No. 64/66 Butter and other fats 040510 n.a. 0/30 12/12-Cus Sl. No. 9 15,000MT 04059010 0/30 12/12-Cus Sl. No. 9 04059020 0/30 12/12-Cus Sl. No. 9 Butter and other fats 040520 n.a. 0/40 12/12-Cus Sl. No. 9 15,000MT 04059090 0/40 12/12-Cus Sl. No. 9 2.61 Eligible entities for allocation of quota (a) Milk Powder (Tariff Code .....

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ooperative Marketing Federation of India Ltd.(NAFED), State Trading Corporation (STC), Minerals and Metals Trading Corporation (MMTC), Projects & Equipment Corporation of India Limited(PEC), Spices Trading Corporation Limited (STCL) and State Cooperative Marketing Federations (c) Crude sunflower seed or safflower oil or fractions thereof (Tariff Code No. 1512.11) and Refined rape, colza, canola or mustard oil, other (Tariff Code No. 1514.19 or 1514.99): National Dairy Development Board (NDDB .....

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ve, may make application to EFC in ANF 2M to DGFT, Udyog Bhavan, New Delhi - 110 011. Completed application forms along with prescribed documents must reach on or before 1st March of each financial year preceding to the year of quota (ii) Imports have to be completed before 31st March of financial year i.e. consignments must be cleared by customs authorities before this date. (iii) Since import of maize (corn) is through STEs, the allottees of quota i.e. designated agencies in paragraph 2.61 (b) .....

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s and Samples: 2.63 Exhibits Required for National and International Exhibitions or Fairs and Demonstration (a) 11[ Import / export of exhibits, which are freely importable/exportable, including construction and decorative materials required for the temporary stands of foreign / Indian exhibitors at exhibitions, fair or similar show or display for a period of six months on re-export / re-import basis, shall be allowed without an Authorisation on submission of a bond/ security to Customs or ATA C .....

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t of applicable customs duties, subject to a ceiling limit of ₹ 5 lakh (CIF) for such exhibits for each exhibitor. (b) Freely importable items: However, sale of exhibits of items which are freely importable shall be allowed within bond period allowed for re-export on payment of applicable customs duties. (c) If goods brought for exhibition are not re-exported or sold within bond period due to circumstances beyond control of importer, Customs Authorities may allow extension of bond period o .....

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ports of Samples / Exhibits (a) Exports of bonafide trade and technical samples of freely exportable item shall be allowed without any limit. (b) An application for export of samples/exhibits, which are restricted for export, may be made to DGFT as per ANF-2Q. Exports : 2.67 Export Policy Policy relating to Exports is given in Chapter-2 of FTP. Further, Schedule 2, Appendix-1 of ITC (HS) specifies list of items, which may be exported without an Authorisation but subject to terms and conditions s .....

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that they obtain an Industrial licence under the Industries (Development and Regulation) Act, 1951, with export obligation as may be specified. Such licensee is required to furnish a LUT to RA and DGFT in this regard. DGFT / RA concerned shall monitor export obligation. 2.70 Export by post In case of export by post, exporter shall submit following documents in lieu of documents prescribed for export by sea/air: (a) Bank Certificate of Export and Realisation as in e-BRC in Appendix2U (b) Relevan .....

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ncome Tax department in lieu of BRC, and (c) Statement giving details of shipping bills / invoice against which FIRC was issued. SCOMET: 2.72 Application for Grant of Export Authorisation/Certificate/ Permission for non-SCOMET Items An application for grant of Export Authorisation in respect of restricted items [other than Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET)] mentioned in Schedule 2 of ITC (HS) Classifications of Export and Import Items may be made in ANF .....

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hrough online system under the Icon E-COM on the website of DGFT. The Uniform Resource Locator [URL] for online application is http://dgft.gov.in/CallModule.asp?sch =SCOMET. While submitting the online application, all the required documents including End User Certificates (EUCs) are to be uploaded as PDF files. Manual submission of application is dispensed with except the original End User Certificate(s) in Appendix 2 S from all entities in the chain of supply viz. the foreign buyer, end user a .....

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tion to export items or technology on SCOMET List are considered on the basis of following general criteria: (a) Credential of end-user, credibility of declaration of end-use of the item or technology, integrity of chain of transmission of item from supplier to end-user, and on potential of the item or technology, including timing of its export, to contribute to end-uses that are not in conformity with India s national security or foreign policy goals and objectives, goals and objectives of glob .....

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ultilateral agreements, to which India is a party, to the case under consideration. II. Application shall be accompanied by an end user certificate as per Appendix 2S, certifying that: (a) The item will be used only for stated purpose and that such use will not be changed, nor items modified or replicated without consent of Government of India; (b) Neither the items nor replicas nor derivatives thereof will be re-transferred without consent of Government of India; (c) End-user shall facilitate s .....

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TC (HS) is Department of Atomic Energy. Applicable guidelines are notified by the Department of Atomic Energy under Atomic Energy Act,1962. For certain items in Category 0, formal assurances from the recipient State will include non-use in any nuclear explosive device. Authorisations for export of certain items in Category 0 will not be granted unless transfer is additionally under adequate physical protection and is covered by appropriate International Atomic Energy Agency (IAEA) safeguards, or .....

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ertification. However, no export Authorisation for display or exhibition shall be issued for Technology in any category 17[ VIII. Authorization for export of items in Categories 0, 3 (other than 3D), 4, 5 and 7 of the SCOMET list to Iran would be subject to the relevant provisions contained in Annex B to the UN Security Council resolution 2231 (2015). The licensing authority, i.e. DGFT or Department of Atomic Energy, as the case may be, on completion of the IMWG process or the applicable interna .....

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secution. Note 2: Authorisations for export of items in SCOMET List for display or exhibition abroad are subject to a condition of re-import within a period not exceeding six months. Exporters are entitled to apply for an export authorisation for such items exhibited abroad. If exhibitor intends to offer that item for sale during exhibition abroad, such sale shall not take place without a valid Authorisation. Note 3: Export of items in Category 2 of SCOMET list may also be controlled by other ap .....

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or installation, operation, maintenance and repair of the item. 2.76 Supply of SCOMET Items from DTA to SEZ No export authorisation is required for supply of SCOMET items from DTA to SEZ. However, all supplies of SCOMET items from DTA to SEZ will be reported to the Development Commissioner of the respective SEZ by the supplier in the prescribed proforma [Annexure 1 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items] within one week of the supplies getting effected .....

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however, required if the SCOMET items are to be physically exported outside the country from SEZ i.e. to another country (Refer Rule 26 of the SEZ Rules, 2006). 2.77 Outreach Programmes on SCOMET Export Control System DGFT in association with Administrative Ministries/ Departments and Trade Associations will organize Industry Outreach Programme on regular basis for an effective awareness among the exporters/ importers dealing with trade, in particular, in SCOMET items. 2.78 Procedure/ Guidelines .....

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tems shall be made in ANF 2 P to DGFT (Hqrs.), New Delhi along with documents prescribed therein. These applications shall be considered by an Inter-Ministerial Working Group (IMWG) in DGFT (Hqrs.) based on following guidelines/general criteria: I. Following factors, among others, will be taken into account in the evaluation of applications for entering into an arrangement or understanding for site visits, on-site verification and access to records/ documentation: (a) Purpose for which arrangeme .....

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rmity with India s national security or foreign policy goals and objectives, the objectives of global non-proliferation, or its obligations under treaties to which it is a State party. (d) The assessed risk that the arrangement / understanding could lead to dual-use items and technology falling into the hands of terrorists, terrorist groups and non-State actors. (e) In case site visit, on-site verification or access to records/ documentation is to be carried out by a foreign government or its re .....

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with any other country. (h) Assessment of possible links of the foreign parties with terrorist organizations and non-state actors within their own country or in any other country. II. Permission for arrangement or understanding involving site visit, on-site verification or access to records / documentation will be subject to the following conditions: (a) Site visit, on-site verification or access to records /documentation will be confined to the purpose, sites and activity for which permission .....

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mises during this visit and produce the same as and when required to do so by the Government of India. (e) No exchange of goods, services and technologies and any documentation including drawings, specification sheets etc. will take place during the visit. (f) Exporter/importer may be required to give any additional assurance that the Government of India may require. (g) Any other condition that may be stipulated in the permission. III. Provisions of Weapons of Mass Destruction Act, 2005 shall a .....

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ication (b) the exporter (c) the foreign buyer (d) the consignee or the intermediaries, if any (e) the end user (f) the end use and (g) the country of destination; shall be same. (ii) The permitted quantity against repeat export authorisations shall not be more than 2 times of the quantity in original authorisation, subject to the annual manufacturing capacity of the end user in respect of the relevant product , as certified by the end user. (iii) Only the applications submitted within two years .....

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or export of SCOMET items shall be evaluated/considered by IMWG for 'stock & sale' purpose subject to the following conditions: i Export shall be permitted only from the principal company/the wholly owned subsidiary in India to their subsidiaries/principal company/warehouse abroad on the basis of an EUC from the latter for stock & sale' purposes, when considered appropriate from the point of view of security and other critical consideration. ii (a) For any further transfer of .....

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based on a Risk Assessment for such within same country sale/transfer. (b) In case of' retransfer by the stockist entity to entity (ies) outside its country the stockist entity shall forward to the Indian applicant/licensee the EUCs from all links in chain of supply for the purpose of submission to licensing authority i.e. DGFT for seeking prior permission for such transfer.] 15[2.79B Export permission for Spare Parts for SCOMET At the request of the applicant, export permission for spare pa .....

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a time and maximum upto 12 months from date of expiry of validity. 2.81 Export of Military Stores Export of Military Stores will be permitted against No Objection Certificate (NOC) from Department of Defence Production. The grant of NOC will be governed by the Standard Operating Procedure (SOP) issued for the purpose by Department of Defence Production. 2.82 Time-line for comments/NOC The members of IMWG will endeavour to furnish their written comments/views/No Objection to DGFT within 45 days f .....

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and business: 18[2.84 Free of Cost Exports for Status holders Status holders shall be entitled to export freely exportable items (excluding Gems and Jewellery, Articles of Gold and precious metals) on free of cost basis for export promotion subject to an annual limit of Rupees One Crore or 2% of average annual export realization during preceding three licensing years, whichever is lower. For export of pharma products by pharmaceutical companies, the annual limit would be 2% of the average annua .....

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bility of benefits on payment through insurance cover (I) Payment through ECGC cover would count for benefits under FTP. (II) Payment through General/ Private Insurance companies: Amount of Insurance Cover for transit loss by General Insurance and Private Approved Insurance Companies in India would be treated as payment realized for exports under various export promotion schemes. (a) An applicant realizing export proceeds through Insurance Agency will approach the concerned RA with the proof of .....

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this INR value in equivalent US$ using the exchange rate (published by CBEC) applicable on the date of settlement of insurance claim . 2.86 Irrevocable Letter of Credit In case where applicant applies for duty credit scrip / discharge of EO against confirmed irrevocable letter of credit (or bill of exchange which is unconditionally Avalised / Co-Accepted / Guaranteed by a bank) and this is confirmed and certified by exporter s bank in relevant Bank Certificate of Export and Realization, payment .....

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dia about the fact of non-recovery of export proceeds from the buyer. However, this would not be applicable in self - write off cases. 2.88 Conversion of E.P. copy of shipping bill from one Scheme to another If Customs Authorities, after recording reasons in writing, permit conversion of an E.P. copy of any scheme-shipping bill on which benefit of that scheme has not been availed, exporter would be entitled to benefit under scheme in which shipment is subsequently converted. 2.89 Offsetting of E .....

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system for export of drug formulations i. The manufacturer or the exporter of drug formulations will print the barcode as per GS1 Global Standard at different packaging levels to facilitate tracking and tracing of their products. The details are as follows: a) Primary Level: Incorporation of two dimensional (2D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique ser .....

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number of the secondary pack. However, incase of monocartons manufacturer or exporter shall affix bar code on mono carton containing one primary pack on optional basis till further notification. c) Tertiary Level: Incorporation of one dimensional (1D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the tertiary pack i.e. Serial Shipping Container .....

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rtal (http://dava.gov.in) till 31.03.2016. However, the requirements of printing of barcoding on the different levels or packaging will be applicable as prescribed. b) Extended Date of Exemption to SSI Manufacturers: All SSI drug manufacturers are exempted from requirement of maintaining Parent-Child relationship in packaging levels for a further period up to 31.03.2017. However, they are required to upload Tertiary level data on the central portal mandatorily as prescribed in public notice no. .....

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rement, the exporter has the option of adhering to the same and in such a case, it would not be necessary to comply with the stipulation under sub para (i) to (iv) of Para 2 of this Public Notice and if an exporter is seeking to avail such exemption from bar coding prescribed by the Government of India as above, the exporter is given the option to move an application to the Pharmaceuticals Export Promotion Council of India (Pharmexcil) for this purpose, clearly specifying the nature of such an e .....

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having manufacturing date prior to 31.03.2017 are exempted from requirement of data uploading on Central Portal. vii. All drugs manufactured by non SSI units with manufacturing date on or after 01.04.2016 and all drug manufactured by SSI units with manufacturing date on or after 01.04.2017 can be exported only if both tertiary and secondary packaging carry barcoding as applicable and the relevant data as prescribed by DGFT is uploaded on the Central Portal. Explanation: (a) For the purpose of th .....

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ackaging means a shipper containing one or more secondary packs. (b) All relevant guidelines regarding grant of specific exemption (s) if any, procedure of data requirement / maintenance / upload on central portal and clarifications issued under this notification etc. will be available on the central portal i.e. http://dava.gov.in (c) It will be the responsibility of the drug manufactures/exporters as the case may be, to satisfy the customs authorities that the export consignment satisfies the c .....

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s (NABCB) under Quality Council of India shall be deemed to be authorised under this Policy. List of such accredited agencies is available on the web site www.qcin.org and also provided under Appendix 2I (c) The agencies for ISO (9000) Series & ISO 14000 Series have been accredited on further classification of: (i) Quality Management System(QMS)-http://www.qcin.org/nabcb/accreditation/reg.bod qms.php for Quality Management Systems (ii) Environmental Management System(EMS) -http://www.qcin.or .....

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Registering Authorities is at Appendix-2 T. (c) EPCs acting as the Registering Authorities for RCMC at present will continue to act as Registering Authorities and issue RCMC to their members till 31st March, 2016. EPCs wishing to continue as Registering Authority for their product group thereafter shall have to comply and fulfil the conditions as specified in Paragraph 2.92 below before 31st March, 2016. 2.92 Criteria for EPCs as Registering Authorities In order to make the EPCs truly democrati .....

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via Vice Chairman/Vice President route. However, any member having held the post of Chairman/President and/or Vice Chairman/Vice President may come back as Vice Chairman/Vice President in the same council after a gap of not less than 4 years. (c) Directions of the Central Government: EPCs acting as the Registering Authorities shall abide by all directions of the Central Government in respect of promotion and development of international trade. 2.93 Registration- cum- Membership Certificate (RCM .....

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pplying for RCMC (a) While applying for RCMC, an exporter has to declare his main line of business in the application. The exporter is required to obtain RCMC from the Council which is concerned with the product of his main line of business. (b) In case an export product is not covered by any Export Promotion Council/Commodity Board etc., RCMC in respect thereof is to be obtained from FIEO. Further, in case of multi product exporters, not registered with any EPC, where main line of business is y .....

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or, Handicrafts, Government of Jammu & Kashmir is authorised to issue Registration Cum Membership Certificate (RCMC). 2.95 Validity Period of RCMC RCMC shall be deemed to be valid from 1st April of licensing year in which it was issued and shall be valid for five years ending 31st March of the licensing year, unless otherwise specified. 2.96 Intimation Regarding Change in Constitution of Business of RCMC holder (a) In case of change in ownership, constitution, name or address of an exporter, .....

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RCMC holder for a specified period for violation of conditions of registration. Before such de-registration, RCMC holder shall be given a show cause notice by registering authority, and an adequate and reasonable opportunity to make a representation against the proposed de-registration. Upon de-registration, concerned EPC shall intimate the same to all RAs. 2.98 Appeal Against De-registration A person aggrieved by a decision of registering authority in respect of any matter connected with issue .....

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Importers /Exporters (a) To facilitate collection of Authorisation and other documents from DGFT Head Quarters and RA, identity cards (as in Appendix 2W valid for 3 years) may be issued to proprietor/ partners / directors and authorised employees (not more than three), of importers and exporters, upon application in ANF 2B (b) In addition, Identity Card may also be issued by the applicant firms on their letterhead to the concerned employees. These Identity Cards may be countersigned by the conc .....

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authorised Officers Officers may grant interview at their discretion to authorised representative of importer / exporter. Interviews /clarifications may also be sought through E-mails. 2.102 Authorised signatory Any communication from the Exporter/Importer to DGFT s office including the RA s must have the name, signature, email id of the person duly authorised by the firm/company to send such communications. Preferential Trade Agreements: 2.103 Free Trade Agreements (FTAs) / Preferential Trade A .....

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by India are: (i) India - Sri Lanka FTA (ii) Agreement on South Asian Free Trade Agreement (SAFTA) (iii) Revised Agreement of Cooperation between Government of India and Nepal to control unauthorised trade (iv) India - Bhutan Agreement on Trade Commerce and Transit (v) India - Thailand FTA - Early Harvest Scheme (EHS) (vi) India - Singapore Comprehensive Economic Cooperation Agreement (CECA) (vii) India - ASEAN CECA (Goods, Services and Investment) (viii) India - South Korea Comprehensive Econom .....

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104 Unilateral Tariff Preferences Under these schemes, both developed and developing countries grant unilateral tariff preferences to exports from developing countries including Least Developed Countries (LDCs). Some of these schemes are: (A) Generalised System of Preferences (GSP): (a) GSP is a non-contractual instrument by which industrialized (developed) countries unilaterally and based on non-reciprocity extend tariff concessions to developing countries. Following countries extend tariff pre .....

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on in Form A (prescribed for GSP Rules Of Origin) duly filled by exporters of beneficiary countries and certified by authorised agencies. List of agencies authorised to issue GSP CoO is given in Appendix-2 C. (B) Duty Free Tariff Preference (DFTP) Scheme for LDCs: (a) The mandate for Duty Free Quota Free (DFQF) access to Least Developed Countries (LDCs) came from Paragraph 47 of the Hong Kong Ministerial Declaration of December 2005. India became the first developing country to extend this facil .....

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eir export interest and simplification of the Rules of Origin procedures. Under the new expanded DFTP Scheme, India is granting duty free access on 96.4% of the total tariff lines, thereby retaining only about 3.6% of lines in the Exclusion and Positive Lists.For details Department of Commerce s website: http://commerce.gov.in/ trade/ international _tpp _DFTP.pdf. and Customs Notification No.8/2014 dated 1st April, 2014 may also be referred to in this regard. 2.105 Certificates of Origin (CoO) ( .....

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ules of origin are adhered to. Rules of origin also facilitate in computation of trade statistics and for determination and imposition of trade remedial measures. (b) Some of the key criteria used in the determination of the rules of origin are: (i) Wholly obtained (ii) Change in tariff classification (iii) Value addition (iv) Non minimal operations (c) For exports under India s FTAs, PTAs and GSP, specified agencies are authorised to issue the certificates of origin, They shall also provide ser .....

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gin. 2.107 TRQ under FTA/CECA Government, from time to time, undertakes commitments for import under Tariff Rate Quota (TRQ) in various FTA/CECA. Accordingly, DGFT notifies the procedure for administration of TRQ from time to time. The Tariff Rate Quotas as existing is as under: Description HS No. In/out of quota rate (%) as per WTO In/out of quota rate (%) As per Indian Tariff Notification TRQ Vanaspati, bakery shortening and margarine from Sri Lanka 1516, 1517 or 1518 (other than 15161000, 151 .....

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t 4 15 million kgs. Vegetable fats (Vanaspati) from Nepal 22/2007-Cus 5th June 2007 1 Lakh MT Acrylic Yarn from Nepal -do- 10,000 MT Copper products from Nepal Chapter 74 of ITC(HS) and 8544 -do- 10,000 MT Zinc Oxide from Nepal -do- 2500MT * Imports will be permitted subject to the arrangements / Procedure as laid down in Annexure-I of Appendix-2A. 2.108 Rules of Origin (Non-Preferential) (a) Rules of Origin (Non-Preferential) criteria are as under: (I) Goods are to be manufactured by the export .....

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les), washing, painting, cutting; (ii) changes of packing and breaking up and assembly of consignments; (iii) simple cutting, slicing and repacking or placing in bottles, flasks, bags, boxes, fixing on cards or boards, and all other simple packing operations; (iv) operations to ensure the preservation of products in good condition during transport and storage (such as drying, freezing, keeping in brine, ventilation, spreading out, chilling, placing in salt, sulphur dioxide or other aqueous solut .....

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agencies to issue Non-Preferential Certificate of Origin (CoO). These CoOs evidence origin of goods and do not bestow any right to preferential tariffs. List of notified agencies is provided in Appendix-2 E. In addition, agencies authorised to issue Preferential CoO are also authorised to issue Non-Preferential CoO. (c) All exporters who are required to submit CoO (Non Preferential) would have to apply to any of agencies enlisted in Appendix-2 E with following documents: (i) Details of quantum .....

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e is made on certificate. Any agency desirous of enlistment in Appendix-2 E may submit their application as per Annexure-I to Appendix 2 E to DGFT. ] (e) Non-preferential -Self Certification: Manufacturer exporters who are also Status Holders shall be eligible to self-certify their goods as originating from India, if goods qualify the criteria, as laid down in (a) above, as per Annexure -III to Appendix 2 E. 2.109 Approved Exporter Scheme (AES) for self -certification Details of the Scheme are p .....

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eiling will be ₹ 1, 00,000/-. " 3. Substituted vide Public Notice No. 12/2015-20 Dated 18-5-2015, before it was read as, "2.55 Recognition as Pre-shipment Inspection Agency (PSIA) and issuance of Pre- shipment Certificate (PSIC) (a) Application for recognition in respect of PSIAs have to be made in proforma prescribed in ANF 2L. (b) For applicants based in India application fee will be ₹ 7500/- and for applicants based abroad the application fee will be US $200. The fees ma .....

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out inspections in countries within its area of operation, where it does not have a full time equipped branch office, by deputing its Inspectors. However, for such inspections, the PSIA will be required to give prior intimation to DGFT by sending an email (at address psia-dgft@nic.in) and furnishing details of visit / inspection done by the Inspector in PSIC. 2.56 Responsibility and Liability of PSIA and Importer (a) In case of any mis-declaration in PSIC, PSIA would be liable to pay a penalty u .....

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ph 2.55 of Handbook of Procedures and would be liable to pay penalty up to ₹ 10 Lakh. (c) The scanned copy of the PSIC (in pdf format) shall be uploaded by the PSIA on DGFT website. The certificate shall be issued in prescribed form Appendix 2H. (d) The PSIA will make a video clip of 3-5 minutes of the inspection carried out in mp3/mp4/flv/wav format, duly capturing the following activities/details: (i) the time, date, place of the inspection (ii) photographs of the exporter and representa .....

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oms authorities to view & verify the same. Till such time the DGFT website link is operationalised, the PSIC and video clip will be e-mailed (psia-dgft@nic.in) to the DGFT and the concerned customs authorities by the Authorised Signatory of PSIA." 4. Substituted vide Public Notice No. 13/2015-2020 Dated 22-5-2015, before it was read as, "1[2.89 A Procedure for Implementation of the Track and Trace system for export of Pharmaceuticals and drug consignments (i) The manufacturer of dr .....

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xempted till further notification, however the above mentioned details are required to be printed in human readable form. (b) Secondary Level: Incorporation of one or two dimensional (1D or 2D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the secondary pack. (c) Tertiary Level: Incorporation of one dimensional (1D) barcode encoding unique and u .....

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the Government of India by the manufacturer or its designated agency before release of the drugs for sale or distribution. (iv) The responsibility of the correctness, completeness and ensuring timely upload of data on the central portal shall be with the manufacturer. The above rules will not be applicable to those drug formulation manufactured for export purposes, where the government of the importing country has mandated a specific requirement and the exporter intends to avail the option of p .....

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pulsorily carry barcode on tertiary and secondary packages as per the Notification No. 68 dated 06.08.2014. However the requirement of data uploading on central portal will be exempted till 30.06.2015. (vii) With effect from 01.07.2015, all drugs with manufacturing date on or after 01.04.2015 can be exported only if both the tertiary and secondary packaging carry barcoding as applicable and the relevant data as prescribed by DGFT is uploaded on the central portal. Explanation: (a) For the purpos .....

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pment for Pharmaceuticals and Bio- technology Sector (i) Duty free import of goods (as specified in list 28 of Customs notification No.21/2002 dated 1.3.2002, as amended from time to time) upto 25% of FOB value of exports during preceding licensing year, shall be allowed." 6. Substituted vide PUBLIC NOTICE NO 16/2015-2020 dt. 04th June, 2015 before it was read as, "(B) Agro-Chemicals Sector : (i) Duty free imports of goods as specified in list 28A of Customs notification No. 21/2002 da .....

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Appendix 2G of the Appendices and Aayat Niryat Forms, for certifying residual life as well as valuation / purchase price of capital goods." 8. Substituted vide PUBLIC NOTICE NO 16/2015-2020 dt. 04th June, 2015 before it was read as, " (d) The agency would ensure that goods are of Indian origin as per criteria defined in (d) below before granting CoO (non preferential). Certificate would be issued as per format given in Annexure-II to Appendix 2 E. It should be ensured that no correcti .....

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ort realisation during preceding three licensing years whichever is higher." 10. Inserted vide Public Notice No. 23/2015-20 New Delhi: Dated 30th June 2015 11. Substituted vide PUBLIC NOTICE NO. 37/2015-20 Dated the 21 September, 2015, before it was read as, " Import / export of exhibits, which are freely importable/exportable, including construction and decorative materials required for the temporary stands of foreign / Indian exhibitors at exhibitions, fair or similar show or display .....

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e it was read as, "4[2.89 A Procedure for Implementation of the Track and Trace system for export of drug formulations (i) The manufacturer or the exporter of drug formulations will print the barcode as per GS1 Global Standard at different packaging levels to facilitate tracking and tracing of their products. The details are as follows: (a) Primary Level: Incorporation of two dimensional (2D) barcode encoding unique and universal global product identification code in the format of 14 digits .....

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Global Trade Item Number (GTIN) along with batch number, expiry date and a unique serial number of the secondary pack. However, manufacturer or exporter shall affix bar code on mono carton containing one primary pack on optional basis till further notification. (c) Tertiary Level: Incorporation of one dimensional (1D) barcode encoding unique and universal global product identification code in the format of 14 digits Global Trade Item Number (GTIN) along with batch number, expiry date and a uniq .....

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the Government of India by the manufacturer or exporter or its designated agency before release of the drug formulations for sale or distribution. (iv) The responsibility of the correctness, completeness and ensuring timely upload of data on the central portal shall be with the manufacturer or exporter. (v) The above rules (i) to (iv) will not be applicable to those drug formulations manufactured for export purposes, where the government of the importing country has mandated or formally notifie .....

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(vii) With effect from 01.10.2015, all drugs with manufacturing date on or after 01.10.2015 can be exported only if both the tertiary and secondary packaging carry barcoding as applicable and the relevant data as prescribed by DGFT is uploaded on the central portal. Explanation: (a) For the purpose of this rule, (i) Drug formulation means a formulation manufactured with a license from Drug Control Authority under the provisions of Drugs & Cosmetics Act and Rules made there under. (ii) Prima .....

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Forum: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Forum: Input Tax Credit - Reg

Forum: GST Invoice

Article: Websites of Government Departments need lot of improvement. We are noticing detoriations in them for example, case of website of ITAT.

Highlight: Levy of additions tax u/s 115O on distribution of dividend - shares of its profits declared as distributable among the shareholders is not impressed with the character of the profit from which it reaches the hands of the shareholder - not to be bifurcated as agriculture and non-agriculture dividend - SC

Highlight: Rate of GST on old and scrap buses - 28% or 18% - at such initial tender process initiated by the Respondents-KSRTC, the present petitions filed by the petitioners are premature and misconceived and do not require any interference by this Court at this stage. - HC

Forum: Rent a cab operator

Highlight: In view of amendment made u/s 132A of the Income Tax Act, 1961 by Finance Act of 2017, the 'reason to believe' or 'reason to suspect', as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal, SC dismissed the appeal of the assessee

Highlight: Validity of Assessment Order - period of limitation u/s 153 (2A) is applicable even if the entire order was not set aside but matter was remanded back for for limited aspects with directions - HC

News: Note ban was a shake-up, achieved its main objectives

Notification: Amendments in the notification No.5/2017- Integrated Tax (Rate) dated the 28th June, 2017.

Highlight: Levying interest u/s 234C - interest is to be charged on the returned income and not on assessed income.

Highlight: Accrual of income - sale of right to develop and sell incentive FSI under LOI - till the conditions of LOI are fulfilled transfer is not complete and income does not accrue to the assessee

Highlight: TPA - determination of ALP - TP adjustment by applying Bright Line Test (BLT) is not sustainable on protective basis having no statutory mandate.

Highlight: Safeguard Duty - Advance License Scheme - as there is no exemption from safeguard duty leviable under Section 8C, which is imposed on the goods imported from China, the importer has to pay safeguard duty

Highlight: Manufacture - process of cutting of waste plastic container - Such plastic containers before and after cutting are nothing but waste / scrap - Not a manufacturing activity as no new product emerges.

News: NITI Aayog and Govt. of Assam organizes workshop on health sector reforms in Guwahati; launches SATH- Sustainable Action for Transforming Human Capital

Notification: Seeks to amend notification no. 5/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of refund on corduroy fabrics

Notification: Seeks to amend notification no. 2/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions

Forum: GSTR 3B Rectification

Notification: seeks to exempt Skimmed milk powder, or concentrated milk

Notification: Seeks to amend notification no. 2/2017- integrated tax(rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions.

Notification: Seeks to amend notification no. 1/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates

Notification: Seeks to amend notification no. 1/2017- integrated tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.

News: Notification Issued For GST Actionable Claim On Branded Food Products

Highlight: Classification printed computer stationary/manifold Business Forms - to be classified under Chapter Heading 4820.00 or under Chapter Heading 4901.90 - items like A4 sheets, advertisement and job card to be classified under Chapter 49

Article: RCM Applicability to persons not liable to get registered us 23(1)

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

Article: 20 Things You must know about E Way Bills in GST Law

Article: MISTAKES IN DRAFTING

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act

Notification: List of Exempted supply of services under the CGST Act

Notification: Rates for supply of services under CGST Act

Highlight: Acceptance of deposits by companies from its members - conditions relaxed in case of Specified IFSC Public company and a private company - Rule 3 amended

Notification: Rate of exchange of conversion of the foreign currency with effect from 8th September, 2017

News: Tax Payers Advised To Confirm Identities Of Income Tax Search Authorities

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012

Notification: The Customs and Central Excise Duties Drawback Rules, 2017

Circular: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg.



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