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GUIDELINES FOR MONITORING THE PERFORMANCE OF EOU/STP/EHTP UNITS

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..... in achieving the NFE as per norms in EOU Scheme at the end of 1st and IInd year; ii) For failure to achieve positive NFE, after completion of one year from the date of commencement of production, a cautionary letter may be issued; at the end of 3rd or subsequent year, Show cause notice will be issued if positive NFE is not achieved; after completion of block period as per para 6.04 of FTP, Development Commissioner would initiate penal action under the FT(D&R) Act, 1992, as amended. Final decision may be taken as far as possible within six months and positively within one year. iii) No action to be initiated if the Development Commissioner, on the receipt of reply from the unit, is satisfied that the shortfall has been on account of genuine reasons. 4. METHOD OF MONITORING: i) In all cases of exit from the Scheme where the unit has imported inputs and failed to fulfill the conditions of LOP with regard to NFE, appropriate steps are to be taken for penal action after issuing Show Cause Notice to the units. Steps may also be initiated for cancellation of LOP/LOA of units, which is not operating for more than a year; ii) NFE is to be calculated as per Para 6.10 (a) to 6.10 (d) of .....

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..... tion may be advised to prepare projects, which can be routed through State Government to the Ministry for approval under Scheme for central Assistance for Developing export infrastructure and other allied activities (ASIDE). g) Based on the joint review Development commissioner concerned would prepare a report for information of the Department of Commerce and CBEC and suggest corrective measures to enable the defaulting units to fulfill their obligation as per EOU Scheme/Customs Notification. PROFORMA-I (TO BE SUBMITTED BY THE ZONE) I. APPROVAL AND IMPLEMENTATION OF EOU UNITS: a) No. of valid approved units b) No. of units cancelled c) No. of units finally debonded d) No. of exporting units e) No. of units under implementation f) No. of units yet to be implemented II. RESULT OF MONITORING : Previous Year ( ) Current Year ( ) (iii) EOU UNITS: a. Units which are operational for more than 1 year. b. Units with negative NFE 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. d. Revenue contributions by the units (a) (i) GST taxes and compensati .....

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..... eration: i. Amortised value of capital goods and technical know how fee ii. Value of import of R. M. (which is consumed 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 6.09 of the Chapter 6 of the Foreign Trade Policy and HBP. 2. Amortised Value of Capital Goods: For this purpose as much value of CG is taken into account as indicated in para 6.10 (d) of Chapter 6 of the HBP. The CG imported prior to the 10 years period is not taken into consideration for the purposes of NFE if the value of said CG is fully amortized. If any capital goods imported duty free is leased from a leasing company or is taken on 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 account. However, it should be noted that whatev .....

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..... 6.04 of FTP, Development Commissioner would initiate penal action under the FT(D&R) Act, 1992, as amended. Final decision may be taken as far as possible within six months and positively within one year. iii) No action to be initiated if the Development Commissioner, on the receipt of reply from the unit, is satisfied that the shortfall has been on account of genuine reasons. 4. METHOD OF MONITORING: i) In all cases of exit from the Scheme where the unit has imported inputs and failed to fulfill the conditions of LOP with regard to NFE, appropriate steps are to be taken for penal action after issuing Show Cause Notice to the units. Steps may also be initiated for cancellation of LOP/LOA of units, which is not operating for more than a year; ii) NFE is to be calculated as per Para 6.10 (a) to 6.10 (d) of the Chapter 6 of the HBP. For purpose of uniformity, guidelines for calculation of NFE is given in ANNEXURE may be followed. 5. MONITORING PERIOD: Units which have not completed one year, from the date of commencement of commercial production, will not be monitored. In case a unit has completed less than five years from the date of commencement of commercial production it wil .....

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..... rective measures to enable the defaulting units to fulfill their obligation as per EOU Scheme/Customs Notification. PROFORMA-I (TO BE SUBMITTED BY THE ZONE) I. APPROVAL AND IMPLEMENTATION OF EOU UNITS: a) No. of valid approved units : b) No. of units cancelled : c) No. of units finally debonded : d) No. of exporting units : e) No. of units under implementation : f) No. of units yet to be implemented : II. RESULT OF MONITORING : Previous Year Current Year ( ) ( ) III. EOU UNITS: a. Units which are operational for more than 1 year. b. Units with negative NFE 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. 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). (d) Tax deducted at source in respect of employees. PROFORMA-II (TO BE SUBMITTED BY THE ZONE) SPECIAL ECONOMIC ZONE SUMMARY OF ANNUAL PERFORMANCE REPORT FOR THE YEAR 201------------- SECTOR WISE Sl.No. Nam .....

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