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DEEMED EXPORT UNDER FOREIGN TRADE POLICY 2015 - 2020

Customs - Import - Export - SEZ - By: - Mr. M. GOVINDARAJAN - Dated:- 3-2-2016 - Deemed Export The policy relating to deemed exports is given in Chapter 7 of Foreign Trade Policy. The term Deemed Export refers to those transactions in which goods supplied do not leave the country and payment for such supplies is received either in Indian rupees or in free foreign exchange. The following goods are regarded as deemed exports provided they are manufactured in India: Supply of goods against Advance .....

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Finance, where legal agreements provide for tender evaluation without including customs duty; Supply and installation of goods and equipment to projects financed by multilateral or bilateral agreements/funds as notified by Department of Economic Affairs for which bids have been invited and evaluated on the basis of Delivered Duty Paid prices for goods manufactured abroad; Supply of goods to any project or for any purpose in respect of which the Ministry of Finance, by Notification No. 12/2012-C .....

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ganizations approved by Government of India; Supply of goods to nuclear power projects provided- Such goods are required as specified in the list 33 at Sl. No. 511 of Notification No. 12/2012-Customs, dated 17.03.2012 as amended from time to time; The project should have a capacity of 440 MW or more; A certificate to the effect is required to be issued by an officer not below the rank of Joint Secretary to Government of India, in Department of Atomic Energy; Benefits The following are the benefi .....

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ade to- Project listed for petroleum operations in the Customs Notification No .12/2012-Cus, dated 17.03.2012 under Sl. No. 356, 358 to 360; EOUs; Advance Authorization holder/Annual Advance Authorization holder. Common Conditions The following are the common conditions for deemed export benefits: Supplies shall be made directly to entities; Third party supply shall not be eligible for benefits/exemption; Supplies shall be made directly to the designated projects/Agencies/units/Advance Authoriza .....

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ractor is indicated either originally or subsequently (but before the date of supply of such goods) in the main contract. In such cases payment shall be made directly to sub-contractor by the Project Authority. Eligibility for claiming TED/Drawback The following are the criteria for making eligible to claim TED/Drawback: Application can be filed either by the supplier or by recipient of goods, having IEC number; Application can be made by Registered office/head office/branch office or manufactur .....

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the same; In case recipient unit files claim for TED/Duty drawback, disclaimer certificate shall be obtained from supplier and shall be submitted along with the application. In case supplier of the goods is an applicant then the disclaimer certificate from the recipient of the goods shall be submitted; Claim can be filed only after payment is received in full, to the extent of supplies made; Claim can be filed against payment received through normal banking channel, as per e-BRC. In other words .....

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evelopment Commissioner. A DTA unit shall claim benefits from the concerned Regional Authority. Incomplete/deficient application is liable to be rejected. Conditions for refund of TED The following are the conditions for the refund of TED: Supply of goods will be eligible for refund of TED provided recipient of goods does not avail CENVAT credit/rebate on such goods; Supply of goods which are exempted ab initio from payment of terminal excise duty would be ineligible to get refund of TED. Exempt .....

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en availed on the inputs/input services, by the supplier of goods, then, benefit as per Column A of All Industry Rate of Duty Drawback Schedule shall be admissible; If CENVAT credit/rebate has been availed by the supplier of goods, on inputs/input services, then, no drawback shall be admissible as per column B of All Industry Drawback Schedule. However in such cases, Basic customs duty paid can be claimed as branded rate of Duty Drawback based upon submission of documents evidencing actual payme .....

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rs are exported out of India within 6 months or such further period as permitted by customs; In cases where payment is received in advance and supply is made subsequently, in such cases application can be filed within 12 months from the last date of such supplies. Claim can be filed Invalidation Letter/AROwise against individual authorization within the time stated above. In respect of the following supplies the claim may be filed either on the basis of proof of supplies effected or payment rece .....

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manufactured abroad; Supply of goods to any project or for any 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 in the said Notification; Supply of goods required for setting up of any mega power of project subject to the condition that such mega power project conforms to the threshold generation capacity specified in the above s .....

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by an officer not below the rank of Joint Secretary to Government of India, in Department of Atomic Energy. Claims should be filed within a period 12 months from date of receipt of supplies by project authority or from the date of receipt of the payment by supplier as per the option of the applicant either against a particular project or all the projects. The claims may also be filed where part payments have been received. Deemed export benefits may be allowed after 100% supplies have been made. .....

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