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TMI BlogAmendments in Appendices & Aayat Niryaat Forms pertaining to Chapter 7 of FTP/HBP 2015-20 - reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... tor General of Foreign Trade & Ex-officio Addl. Secretary to the Govt. of India Email: [email protected] [Issued from File No. 01/92/180/34/AM18/PC-V] APPENDIX-7A List of Agencies / Funds notified by the Department of Economic Affairs, Ministry of Finance (Please see Para 7.02 (e) of FTP) A list of Agencies / Funds notified by the Department of Economic Affairs, Ministry of Finance vide Public Notice No. 1(FT)/DEA/2010 dated 05.05.2010 and which are entitled for Deemed Export Benefits under FTP. 1. International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA). 2. Asian Development Bank (ADB). APPENDIX-7B (Please see Para 7.02 (g) of FTP) A list of Agencies notified under Customs notification no. 84/97-Customs dated 11.11.1997, where supplies are made to United Nations or an International organization approved by Government of India in pursuance of section 3 of United Nations (Privileges and Immunities Act), 1947 and entitled for Deemed Export Benefits under FTP. 1. United Nations Development Programme 2. United Nations International Children's Fund 3. Food and Agricultural Organisation 4. International Labour Organisa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that the import content of the order is Rs. (figure and words.........................................). (c) That supply of goods under the contract made to mega power project in India, at S. No. .................. of list 31 at Sl. No. 598 of Department of Revenue Notification No. 50/2017-Customs dated 30.6.2017, as amended, is under the procedure of ICB or requisite quantum of power has been tied up through tariff based competitive bidding or project has been awarded through tariff based competitive bidding in accordance with the provisions of Para 7.02(f) of FTP 2015-20, and the import content of the order is Rs………………(Figures and words). (d) That supply of the goods to projects funded by UN agencies in accordance with the provisions of Para 7.02(g) of the FTP, read with APPENDIX-7B, and that the import content of the order is Rs.(Figures and words ......................). (e) That supply of goods to specified nuclear power projects under the procedure of Competitive Bidding is made in accordance with the provisions of Para 7.02(h) of FTP, and the import content of the order is Rs. (Figures and words ........................) 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Regional Licensing Authority concerned. The responsibility for sending timely advice of changes in the names of the nominated officers will solely rest with the project authority concerned. (4) In the case of supplies to be made by a sub-contractor whose name is included in the main contract, his name should also compulsorily be indicated in Para 2 with details of supplies to be made by him, alongwith the name of the main contractor. (5) In cases, where licences are to be obtained from more than one Regional Licensing Authority in respect of supplies covered by the same Project Authority Certificate, a self certified copy of the Project Authority Certificate ( PAC ) in place of the original PAC may be accepted by the Regional Licensing Authority. This will be certified by an officer who is authorized to file an application for licences on behalf of the company. While submitting the self certified PAC, the officer concerned will also intimate where the original PAC has been submitted so that the Regional Licensing Authority may correspond with the other Regional Licensing Authority. (6) In case of supplies under Lease financing agreement, the Project Authority certificate s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ........... (Name and Designation) am duly authorized to issue the payment certificate by company/firm. (ii) The goods of quantity and value as described in contract No……..dated……and supply Invoices have been supplied to us against purchase order No.......................dated ............ the details of suppliers are given below. (iii) The supplies have been made in accordance with the conditions mentioned in the Project Authority certificate issued to the supplier on……… (iv) Such supplies are covered under Para 7.02 (e), (f), (g), (h) of FTP (mention whichever is applicable). (v) The name of the sub- contractor has been included in the main contract itself, before the date of supply, and the description, quantity and value of the goods which has now been supplied to us or to the main contractor, has already been indicated in the main contract. These supplies conform to the specifications laid down in the main contract. (vi) We have accepted the supplies at the Project site/factory at the price stated in the invoice. (vii) We have paid to the suppliers, namely, M/s............................ the sum of Rs.(figures and words.. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the recipient, are required to return any goods to the supplier, namely. ....................... on account of non-satisfactory performance of the equipment during the guarantee period or on account of replacement of defective parts as per contractual agreement, we shall send an intimation to the Regional Authority concerned within 30 days giving full particulars of such return. (3.) We, the applicant, shall refund to the Regional Authority proportionate amount in respect of the amount refunded to the Project Authority/goods returned back. Signature ................................................... Name (In Block Letter)........................................... Designation ................................................. Telephone Number ………………………………. E-mail …………………………………… Address …………………………………... Fax No. ……………………………&h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substituted by indigenous materials; c) The wastage /co-product/by-product claimed are as per production process in the factory. There is no suppression of co-product/by-products. The wastages claimed in our views are reasonable and are comparable to the general norms for the industry. Where wastages are considered high, an indication of the normal wastage in the industry has been indicated by us, under 'Remarks' column. Signature____________________________ Name_______________________________ Designation__________________________ Address_____________________________ Branch of Engg. in which qualified: _____________________ Place Date Name & Address of the institution under which registered ________ Ref. No. and date of membership. _________________________ DBK- II Statement Direct import of materials/components made by the manufacturer and foreign materials obtained locally by the manufacturer during the period commencing three months prior to the date of supply /first supply upto the date of application, for manufacture of ______________________ (Name of export product supplied). S.No Description Technical characteristics S.No. in DBK 1 statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of stock of all the imported inputs mentioned in statements II which were in stock 3 months prior to the date of supplies of the final product and how these were imported/procured. (Actual stock to be given under Col.16, with procurement details in other Columns). 2. If the assessment for any of the inputs in stock as shown is not final, the nature and current status of dispute may be clearly indicated. (Normally no DBK for provisionally assessed B/E are admitted). 3. Refund applications made if any for procurement shown in stock with details to be indicated. 4. Photocopies of all Bills of Entries mentioned above must be enclosed. CERTIFICATE REQUIRED FOR DBK II A STATEMENT Certified that the particulars mentioned in this statement are correct to the best of my knowledge and belief and no claims for refund of duty in respect of any of the above mentioned bills of entries has been or will be lodged with the Customs Authorities. Signature and Stamp of independent Chartered Accountant/Cost Accountant Signature ___________________ (Name & Designation of the Chief Executive/ Production Incharge (with seal) Place: Date: APPENDIX-7F FORMAT FOR MONTHLY STATEMENT OF DISBURSEMEN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, Advance Authorization no. & date and File. no. under which it was issued. 12. Whether claim is made within the prescribed time 13. If not, rate of late cut as per Para 9.02 of HBP 14. If claim for refund of TED is made by supplier: Whether CENVAT credit has been availed by recipient? 15. If claim for refund of TED is made by recipient: Whether CENVAT credit has been availed by him? 16. Deleted 17. Deleted 18. In case of claim made against supply under Para-7.02(a) & (c) whether authorization number and date figure in the supply invoices/ARE 19. If the application is for fixation of brand rate: (i) Claim is made for basic customs duty. 20. If answer to Col. 19 is yes, Whether: 1. Inputs/components were imported directly : 2. Imported inputs/component used from stock/ out sourced locally: 21. DBK-I Statement SL No Name of the materials/ Components Quality/ Technical Characteristics Whether imported/ indigenous Unit Gross Quantity required Wastage Quantity Irrecoverable Recoverable 1 2 3 4 5 6 7 8 Sale Price of waste per unit of Qty By Product/ co-product Net wt. of the material Remarks Qty. Sale value per unit 9 10 11 12 13 22. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise and Customs, Department of Revenue shall be followed, Accordingly, copy of Form A along with copy of Tax Invoice duly endorsed by recipient shall be considered as proof of deemed export supplies, (3) Self certified copy of B/Es (4) Proof of payment through e-BRC/Bank Certificate of Exports and Realisation as per APPENDIX-2U or Payment Certificate issued by Project Authority in APPENDIX-7D in original, as the case may be. (5) PAC issued by the Project Authority in original as per APPENDIX-7C or File No. where the original has been submitted. (6) Copy of contract if supplies were to Project Authority or supplier's copy of original ARO or recipient's copy of original Invalidation Letter (if supply against ARO/Invalidation Letter issued against AA /DFIA/EPCG, as the case may be). (7) Non-availment of CENVAT credit certificate as per ANNEXURE-I, by the recipient of finished goods (in case claim for TED). (8) Deleted (9) Declaration/disclaimer certificate from supplier, in case claim is filed by recipient of goods and from recipient of goods, if claim is filed by supplier of goods, as per ANNEXURE-II. (10) Statement of supplies for Fixation of Drawback Rate as per APPENDIX ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... head of the recipient of goods. ANNEXURE-II Deleted ANNEXURE-III DISCLAIMER CERTIFICATE FOR NOT CLAIMING DEEMED EXPORT BENEFITS We hereby declare that we have neither drawn nor will draw any benefit of deemed export on supply of goods as declared/to be declared in the application for claim of deemed export benefits and we have no objection if M/s…… (Name and address of the recipient/supplier, as the case may be) draws the deemed export benefits on such supply of goods as mentioned in the application. (Either party will have to give disclaimer in favour of other for not claiming benefits of deemed export against supply of goods as declared in the Application for claim. The disclaimer is to be submitted on the letter head of the firm/company) Yours faithfully, Signature (Authorized Signatory) Full Name Designation Name of the company Telephone Number E-mail Address Fax No ANNEXURE-IV FORMAT OF CERTIFICATE TO BE ISSUED BY PUBLIC SECTOR OIL COMPANIES CERTIFYING AMOUNT OF TED PAID BY EOU / PROJECT ON PURCHASE OF HSD FROM THEIR DEPOTS: I _________ (name of authorized signatory of PSU Oil Company) hereby declare that we (name of the Company) have suppli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med. DECLARATION / UNDERTAKING 1. I / We hereby declare that the particulars and the statement made in this application are true and correct to the best of my / our knowledge and belief and nothing has been concealed or held there from. If found incorrect or false, it will render me / us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted. 2. I / We undertake to abide by the provisions of FT (D&R) Act, the Rules and Orders framed there under, the FTP, HBP, Appendices & ANFs, and the ITC(HS) Classification of Export & Import Items. 3. I / We hereby certify that none of the Proprietor / Partner(s) / Director(s) / Karta / Trustee of the firm / company, as the case may be, is / are a Proprietor / Partner(s) / Director(s) / Karta / Trustee in any other firm / company which has come to the adverse notice of DGFT. 4. None of the Proprietor/Partners(s)/Director(s)/Karta/Trustee of the firm/company has come under the adverse notice of DGFT or is in the caution list of RBI. 5. None of the Proprietor/Partners(s)/Director(s)/Karta/Trustee of the firm/company, as the case may be, is/are a Proprietor/Partner(s)/Director(s)/Karta/Trustee in a ..... 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