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LIVE WEBCAST ON FOREIGN TRADE POLICY GST& Indirect Taxes Committee of ICAI Organized By 14th May, 2020 (Thursday) Date CA. Hans Raj Chugh F.C.A, F.C.S, L.L.B, Insolvency Professional Mobile No. +91-9811207924 Email:- [email protected] CA. Hans Raj Chugh GST& Indirect Taxes Committee of ICAI

LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

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Page 1: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

LIVE WEBCAST ON FOREIGN TRADE POLICY

• GST& Indirect Taxes Committee of ICAIOrganized By

• 14th May, 2020 (Thursday)Date

CA. Hans Raj Chugh

F.C.A, F.C.S, L.L.B, Insolvency Professional

Mobile No. +91-9811207924

Email:- [email protected]

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 2: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

Foreign Trade Policy- Contents

Chapter 1 :- Legal Framework & Trade Facilitation

Chapter 2 :- General Provisions Regarding Imports and Exports

Chapter 3 :- Export From Indian Schemes

Chapter 4 :- Duty Exemption/Remission Schemes

Chapter 5 :- Export promotion capital goods (EPCG ) Scheme

Chapter 6 :-Exports Oriented Units (EOUS), Electronics Hardware Technology Parks (EHTPS), Software Technology Parks (STPS) and Bio-Technology parks.

Chapter 7:- Deemed Exports

Chapter 7 (A):- Transport & Marketing Assistance (TMA)

Chapter 8 :- Quality Complaints And Disputes

Chapter 9 :- Definitions

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 3: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

INDIA’S FOREIGN TRADE: March2020

Source :Pib.gov.in_Print Release

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 4: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

MERCHANDISE TRADE

MARCH

(US $ Billion)

APRIL-MARCH (US $

Billion)

2018-19 [Export] 32.72 330.08

2018-19 [Import] 43.72 514.08

TRADE BALANCE -11.00 -184.00

2019-20 [Export] 21.41 314.31

2019-20 [Import] 31.16 467.19

TRADE BALANCE -9.76 -152.88

Source :Pib.gov.in_Print Release

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 5: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

Monthly Data on India’s International Trade in Services

(US$ Million)

Month Receipts (Exports) Payments (Imports)

April-2019 18,062 11,402

May-2019 18,679 12,492

June-2019 18,552 11,758

July-2019 19,084 12,829

August-2019 18,244 12,006

Septemebr-2019 17,536 11,096

October-2019 17,698 10,864

November-2019 17,996 11,472

December-2019 20,004 12,555

January - 2020 18,985 12,001

February - 2020 17,725 11,067

Source: RBI_Data Release

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 6: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

1. Scheme to offset infrastructural inefficiencies and associated costs for export from India.

Exports from India Schemes

Merchandise Exports from India Scheme (MEIS).

Service Exports from India Scheme (SEIS).

2. Duty free import/procurement of inputs for export production

Duty Exemption Schemes.

Advance Authorization (AA)

Duty Free Import Authorization (DFIA).

Duty Remission Scheme

Duty Drawback (DBK) Scheme

3. To enhance India’s manufacturing competitiveness by facilitating import of capital goods for producing quality goods and services.

Export Promotion Capital Goods (EPCG) Scheme

4. Scheme to export entire production of goods and services

Export Oriented Units (EOUs), Electronics Hardware Technology Parks (EHTPs), Software Technology Parks (STPs) and Bio-Technology Parks (BTPs)

5. Scheme to provide a level-playing field to domestic manufacturers

Deemed Exports

6. To provide assistance for the international component of freight and marketing of agricultural produce

Transport and Marketing Assistance (TMA) for Specified Agriculture Products

Classification of Schemes

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 7: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

Pre

Ex

po

rts

Ben

efit

s

• Advance authorization

• EPCG

Post

Ex

po

rts

Ben

efit

s • MEIS

• SEIS

• Duty Drawback

• TMA

Pre

& P

ost

Ex

po

rts

Ben

efit

s • EOU Scheme

• Deemed Exports

Classification of Schemes

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 8: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

Import Substitution

schemeScheme for Promotion of

manufacturing of Electronic

Components and Semiconductors

(SPECS)

Production Linked

Incentive Scheme (PLI) for Large Scale Electronics

Manufacturing

Zero Rated Supply

under GST

Rebate of State and Central Taxes

and Levies on export of garments

and mad-ups (RoSCTL).

Remission of Duties or Taxes on

Export Product (RoDTEP)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 9: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

Remission of Duties or Taxes on Export Product (RoDTEP)

• Cabinet approves scheme for “Remission of Duties and Taxes on Exported Products (RoDTEP)” to boost exports

• To make Indian exports cost competitive and create a level playing field for exporters in International market

• RoDTEP scheme is WTO compliant, will reimburse taxes/duties/levies at the central, state and local level, which are currently

not being refunded

• Items will be shifted in a phased manner from existing scheme MEIS to RoDTEP with proper monitoring &audit mechanism

• As and when the rates under the RoDTEP Scheme are announced for a tariff line/ item, the Merchandise Exports from India

Scheme (MEIS) benefits on such tariff line/item will be discontinued.

• The rebate would be claimed as a percentage of the Freight On Board (FOB) value of exports.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 10: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

Rebate of State and Central Taxes and Levies on export of garments and mad-ups(RoSCTL).

• Rebate of State and Central Taxes and Levies (RoSCTL) is the scheme to rebate all embedded State and Central Taxes and Levies on garments and made-ups

to enhance competitiveness of these sectors at notified rates and value caps.

• Garments shall mean goods falling under Chapters 61 or 62 of the Schedule of All Industry Rates (AIR) of Drawback

• Made-ups shall mean goods falling under chapter 63 of the Schedule of All Industry Rates (AIR) of drawback excluding tariff items 6308, 6309, 6310 and

goods in tariff items 9404 that are excluded from drawback tariff item 6304.

• Value in relation to exported garments and made-ups shall be the Free on Board (FOB) value

• Rebate of State Taxes and Levies -VAT on fuel used in transportation, captive power, farm sector, mandi tax, duty of electricity, stamp duty on export

documents, embedded SGST paid on inputs such as pesticides, fertilizers etc. used in production of raw cotton, purchases from unregistered dealers, coal used

in production of electricity and inputs for transport sector.

• Rebate of Central Taxes and Levies-central excise duty on fuel used in transportation, embedded CGST paid on inputs such as pesticides, fertilizer etc. used

in production of raw cotton, purchases from unregistered dealers, inputs for transport sector and embedded CGST and Compensation Cess on coal used in

production of electricity

• Validity of the Scheme until such time that the scheme is merged with Remission of Duties and Taxes on Exported Products (RoDTEP).

• Notified by Ministry of Textiles and administered by DGFT

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Import Substitution schemeScheme for Promotion of manufacturing of Electronic Components and Semiconductors (SPECS)

• Notified vide Gazette Notification No.CG-DL-E-01042020-218992 dated April 01, 2020

• Initially for 3 years from the date of its notification.

• To offset the disability for domestic manufacturing of electronic components and semiconductors

• Under the scheme financial incentive of 25% on capital expenditure for the identified list of electronic goods

• Scheme will be applicable to investments in new units and expansion of capacity/ modernization and diversification of existing units.

• Capital expenditure will be total of expenditure in plant, machinery, equipment, associated utilities and technology, including for Research & Development

(R&D).

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 12: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

Production Linked Incentive Scheme (PLI) for Large Scale Electronics Manufacturing• Notified vide Gazette Notification No.CG-DL-E-01042020-218990 dated April 01, 2020

• To boost domestic manufacturing and attract large investments in mobile phone manufacturing and specified electronic components,

including Assembly, Testing, Marking and Packaging (ATMP) units

• Incentive of 4% to 6% on incremental sales (over base year) of goods manufactured in India and covered under target segments, to eligible

companies.

• Validity for a period of five (5) years subsequent to the base year.

Financial Year Total Incentive (INR Crore)

Year 1 5,334

Year 2 8,064

Year 3 8,425

Year 4 11,488

Year 5 7,640

Total 40,951

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Changes in Foreign Trade Policy due to Lockdown on account of COVID-19

• Existing Foreign Trade Policy 2015-20 extended up to 31.03.2021

• Validity of recognition as Pre-shipment Inspection Agency (PSIA) extended up to 30th June 2020

• Validity of status certificate extended up to 5 Year from the date of issuance or 31.03 2021 whichever is later.

• Merchandise Exports from Indian Scheme (MEIS) Shipping bills where the Let Export (LEO) date falls during the period 01.02.2019 to 31.05.2019

application may be filed within a period of 15 months instead of 12 months

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 14: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

Changes in Foreign Trade Policy due to Lockdown on account of COVID-19

Service Exports from India Scheme (SEIS)

Claim for the services rendered Date of filing of the Application

From 1st April, 2020 to 31st March, 2021 Decision on the continuation of the scheme will be taken by the Govt.

subsequently and to be notified accordingly.

From 1st April 2019 to 31st March 2020 • Services categories eligible under the SEIS scheme and the rate of reward on

such services rendered shall be notified in Appendix-3X.

• Last date for filing application shall be 12 months from the end of relevant

financial year of claim period. (i.e. 31st March 2020).

• After that late cut shall be applicable as per Para 9.02

From 1st April 2018 to 31st March 2019 Last date for filing SEIS applications shall be 31.12.2020.

• After that late cut shall be applicable as per Para 9.02.

From 1st April, 2017 to 31st March, 2018

From 1st April, 2016 to 31st March,

2017

• Claim may be filed upto 31st March 2021 with late cut after that becomes time

barred.

• Now Time Barred.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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• Advance Authorization Scheme :- Imports against Advance Authorization for physical exports are exempted

from Integrated Tax (IGST) and Compensation Cess upto 31.03.2021 only.(earlier this date was

31.03.2020)

• Extension in validity for import For all Advance Authorizations where the validity for import is expiring

between the 01.02.2020 and 31.07.2020, the validity stands automatically extended by six months from the

date of expiry. No separate amendment/endorsement is required on the authorization.

• Extension in export obligation period For all Advance Authorizations where export obligation period

expiring between the 01.02.2020 and 31.07.2020, the export obligation period stands automatically

extended by six months from the date of expiry. No separate application with composition fees amendment

is required for this purpose.

Changes in Foreign Trade Policy due to Lockdown on account of COVID-19

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

Page 16: LIVE WEBCAST ON FOREIGN TRADE POLICYecpl.live/icai/idtc/14052020/Incentives_under_FTP_2020.pdfLIVE WEBCAST ON FOREIGN TRADE POLICY Organized By •GST& Indirect Taxes Committee of

• Duty free Import Authorization (DFIA) -All Duty free Import Authorization (Transferable & Non Transferable both DFIA) where the validity of import is

expiring between 01.02.2020 and 31.07.2020 the validity stand automatically extended by further SIX MONTH FROM THE DATE OF EXPIRY.

Changes in Foreign Trade Policy due to Lockdown on account of COVID-19

• Export Promotion Capital Goods (EPCG) Scheme: - Capital goods imported under EPCG Authorization for physical exports are exempt

from IGST and Compensation Cess up to 31.3.2021.

• Certificate of Installation of Capital Goods Authorization holder required to submit an installation certificate within six months from date of

completion of import. However ,in case the period of six months expires during 1st February 2020 to 31st July 2020,the period for submission

of installation certificate extended by further 6 months from the original due date

• Extension in validity for import EPCG Authorization shall be valid for import for 18 months from the date of issue of EPCG Authorization.

“However, in case the validity expire between 01.02.2020 and 31.07.2020 the validity stand automatically extended by further SIX MONTH

FROM THE DATE OF EXPIRY.

• Extension in Block-wise Fulfillment of EO if the block wise export obligation period expires during 01.02.2020 and 31.07.2020, such period is

deemed to be automatically extended by further SIX MONTH FROM THE DATE OF SUCH EXPIRY.

• Extension in Export obligation period if the export obligation period expires during 01.02.2020 and 31.07.2020, such period is deemed to be

automatically extended by further SIX MONTH FROM THE DATE OF SUCH EXPIRY.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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• All such LOPs/ LOIs whose original or extended validity expires on or after 1st March 2020,may be deemed to be valid up to 31st December,2020.

• · The imports and/ or procurement from bonded warehouse in DTA or from international exhibition held in India shall be without payment of integrated

tax and compensation cess and such exemptions would be available upto31.03.2021.

Changes in Foreign Trade Policy due to Lockdown on account of COVID-19

EXPORT ORIENTED UNITS (EOUs), ELECTRONICS HARDWARE TECHNOLOGY PARKS (EHTPs), SOFTWARE

TECHNOLOGY PARKS (STPs) AND BIO-TECHNOLOGY PARKS (BTPs)

Deemed Exports.

• Frequency of application and time period for claiming TED / Drawback

• Application for TED refund / drawback may be filed within 12 months from the date of realization of 100% payment against such supplies. 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.

• In all such cases where the above dates fall on or after 1st March, 2020 the date of filing of application for refund may be deemed to be extended up to

30th September,2020.

Transport And Marketing Assistance (TMA)

Application(s) for claim of TMA required to be filed on quarterly basis i.e. for the shipments made in a particular quarter. Application for refund of such

claims for the quarter ending 31st March, 2019 and 30th June, 2019 may be filed up to 30th September, 2020.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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General Provisions

Presently, Foreign Trade Policy 2015-20 is effective from 1st April, 2015 and shall remain in force up to 31st March, 2021

Exports and Imports are regulated by Foreign Trade Policy notified by Central government in exercise of powers conferred by section 5 of Foreign Trade

(Development and Regulation) Act 1992.

Exports & Imports shall be FREE except when regulated by way of :-

Prohibition:-any goods or services, the export or import of which prohibited, are not allowed to be imported or exported.

Restriction:- any goods or services, the export or import of which restricted, may be exported or imported only under an authorization/permission

Or exclusive trading through stat trading enterprises (STEs):-Any goods, import or export of which is governed through exclusive or special privilege

granted to STEs, may be imported exported by the concerned STEs.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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No import export without IEC

Importer-Exporter Code (IEC) Number

An IEC is a 10 digit number which is mandatory for undertaking export/ import.

Applicants can apply for e-IEC on the DGFT website (http://dgft.gov.in/).

Post GST PAN shall Be the IEC number but have to applied & obtained separately from DGFT.

Only one IEC can be obtained against a single PAN.

Registration cum membership certificate (RCMC)

For availing authorization to import/ export or any other benefit or concession under FTP 2015-20, as also to avail the services/ guidance, exporters are

required to obtain RCMC granted by the concerned Export Promotion Councils/ FIEO/Commodity Boards/ Authorities.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Mandatory documents for export/ import of goods from/into India.

For exports of goods from India:-

1. Bill Of Lading/Airway Bill/Lorry Receipt/Railway Receipt/Postal Receipt

2. Commercial invoice and packing list*.

3. Shipping bill /bill of exports/postal bill of export.

For Imports of goods into India:-

1. Bill Of Lading/Airway Bill/Lorry Receipt/Railway Receipt/Postal Receipt

2. Commercial invoice and packing list*.

3. Bill of Entry.

*Separate Commercial invoice and packing list would also be accepted

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Sl.no Old Schemes

under FTP 2009-14

New Schemes

Under FTP 2015-20

1. Vishesh Krishi and Gram Udyog Yojana (VKGUY)

Agri. Infrastructure Incentive Scrip(AIIS)

Merchandise Export From India Scheme (MEIS)

2. Focus Market Scheme (FMS)

3. Focus product Scheme (FPS)

4. Market Linked Focus Products Scrip (MLFPS)

5. Served From India Scheme(SFIS) Service Exports from India

Scheme (SEIS)

Chapter 3 Schemes-MEIS or SEIS

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Merchandise Exports from India Scheme (MEIS)

Objective

-to offset infrastructural inefficiencies and associated costs involved in export of goods/products, which are produced/manufactured in

India, especially those having high export intensity, employment potential and thereby enhancing India’s export competitiveness.

Entitlement under MEIS

Exports of notified goods/products with ITC[HS] code, shall be rewarded under MEIS ( @ 2 % or 3%,4%, 5% or 7% as applicable).

(Appendix 3B- listed goods and rates).

Basis of Calculation of Rewards

The basis of calculation of reward would be on realized FOB value of exports in free foreign exchange, or on FOB value of exports as

given in the Shipping Bills in free foreign exchange, whichever is less, unless otherwise specified.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Merchandise Exports from India Scheme (MEIS)

Export of goods through courier or foreign post offices using e-Commerce

Exports of goods through courier or foreign post office using e commerce, as notified in Appendix 3C,

-of FOB value up to Rs.500000 per consignment shall be entitled for rewards under MEIS.

-of FOB value more than Rs 500000 per consignment then MEIS reward would be limited to FOB value of Rs.500000 only.

(Such goods can be exported in manual mode through Foreign Post Offices at New Delhi, Mumbai and Chennai. )

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Sl. No. Chapters Products under the following chapters are not eligible for incentive under MEIS

1 Chapter-01 Live animals

2 Chapter-02 Meat and edible meat offal

3 Chapter-10 Cereals

4 Chapter-24 Tobacco and manufactured tobacco substitutes

5 Chapter-25 Salt; sulphur; earths and stone; plastering materials, lime and cement

6 Chapter-26 Ores, slag and ash

7 Chapter-27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

8 Chapter-31 Fertilizers

9 Chapter-34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared

waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes” and

dental preparations with a basis of plaster

10 Chapter-43 Furskins and artificial fur; manufactures thereof

11 Chapter-47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

12 Chapter-77 (reserved for possible future use)

Merchandise Exports from India Scheme (MEIS)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Ineligible categories under MEIS

i. Supplies made from DTA units to SEZ units.

ii. Export of imported goods covered under paragraph 2.46 of FTP;

iii. Exports through trans-shipment, meaning thereby exports that are originating in third country but trans-shipped through India;

iv. Deemed Exports;

v. SEZ/EOU/EHTP/BPT/FTWZ products exported through DTA units;

vi. Export products which are subject to minimum export price or export duty

vii. Export made by units in FTWZ

Merchandise Exports from India Scheme (MEIS)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Service Exports from India Scheme (SEIS)

Objective

Objective of Service Exports from India Scheme (SEIS) is to encourage export of notified Services from India.

Eligibility :

• Service Providers of notified services, located in India, shall be rewarded under SEIS.

• Only Services rendered in the manner as per Para 9.51(i)-cross border trade and Para 9.51(ii) –consumption abroad shall be eligible.

(notified services and rates of rewards are listed in Appendix 3D.)

• Such service provider should have minimum net free foreign exchange earnings of US$15,000 in the year of rendering services to be

eligible for Duty Credit Scrip. For Individual Service Providers and sole proprietorship, such minimum net free foreign exchange

earnings criteria would be US$10,000 in the year of rendering services.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Service Exports from India Scheme (SEIS)

"Service Provider" means a person providing:

Category SEIS Availability

Mode-1

(Cross border trade)

Supply of a ‘service’ from India to any other country; Eligible

Mode -2

(Consumption abroad)

Supply of a ‘service’ from India to service consumer(s) of any other

country;

Eligible

Mode-3

(Commercial Presence)

Supply of a ‘service’ from India through commercial presence in any

other country.

Not eligible

Mode 4

(Presence of natural persons)

Supply of a ‘service’ from India through the presence of natural

persons in any other country

Not eligible

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Service Exports from India Scheme (SEIS)

Eligibility :

Payment in Indian rupees for service charges earned on specified services, shall be treated as receipt in deemed foreign exchange as per guidelines of

RBI. (Appendix 3E)

Net Foreign Exchange = Gross Earnings of Foreign Exchange minus Total expenses / payment / remittances of Foreign Exchange, relating to service

sector in the Financial year.

If the IEC holder is a manufacturer of goods as well as service provider, then the foreign exchange earnings and Total expenses / payment /

remittances shall be taken into account for service sector only.

In order to claim reward under the scheme, Service provider shall have to have an active IEC at the time of rendering such services for which

rewards are claimed.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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SEIS - Ineligible categories

Ineligible categories under SEIS :

(1)Foreign exchange remittances other than those earned for rendering of notified services would not be counted for entitlement. Thus, other sources of

foreign exchange earnings such as equity or debt participation, donations, receipts of repayment of loans etc. and any other inflow of foreign exchange,

unrelated to rendering of service, would be ineligible.

(2) Following shall not be taken into account for calculation of entitlement under scheme:

(a) Foreign Exchange remittances:

I. Related to Financial Services Sector

(i) Raising of all types of foreign currency Loans;

(ii) Export proceeds realization of clients;

(iii) Issuance of Foreign Equity through ADRs / GDRs or other similar instruments;

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Service Exports from India Scheme (SEIS)

Ineligible categories under SEIS :

(iv) Issuance of foreign currency Bonds;

(v) Sale of securities and other financial instruments;

(vi) Other receivables not connected with services rendered by financial institutions; and

(b) Payments for services received from EEFC Account;

(c) Foreign exchange turnover by Healthcare Institutions like equity participation, donations etc.

(d) Foreign exchange turnover by Educational Institutions like equity participation, donations etc.

(e) Export turnover relating to services of units operating under EOU / EHTP / STPI / BTP Schemes or supplies of services made to such units;

(f) Clubbing of turnover of services rendered by SEZ / EOU /EHTP/ STPI /BTP units with turnover of DTA Service Providers;

(h) Foreign Exchange earnings for services provided by Airlines, Shipping lines service providers plying from any foreign country X to any foreign country Y routes

not touching India at all.

(i) Service providers in Telecom Sector.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Service Providers of eligible services shall be entitled to Duty Credit Scrip notified rates (as given in Appendix 3D i.e. 3 % or 5% or 7% as applicable) on

net foreign exchange earned.

Free Foreign Exchange earned through international credit cards and other instruments, as permitted by RBI shall also be taken into account for

computation of value of exports.

Effective date of schemes (MEIS and SEIS)

The schemes shall come into force with effect from the date of notification of this Policy, i.e. the rewards under MEIS/SEIS shall be admissible for exports

made/services rendered on or after the date of notification of this Policy. (i.e. 01.04.2015)

Service Exports from India Scheme (SEIS)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Service Exports from India Scheme (SEIS)

S. No. SECTORS Central

product

Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.04.2017 to

30.10.2017

1. BUSINESS SERVICES

A Professional services

a Legal services 861 7% 5%

b Accounting, auditing and bookkeeping services 862 7% 5%

c Taxation services 863 7% 5%

d Architectural services 8671 7% 5%

e Engineering services 8672 7% 5%

f Integrated engineering services 8673 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central product

Classification (CPC)

Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

g Urban planning and landscape architectural services 8674 7% 5%

h Medical and dental services 9312 7% 5%

i Veterinary services 932 7% 5%

j Services provided by midwives, nurses, physiotherapists and

paramedical personnel

93191 7% 5%

B. Research and development services

a R&D services on natural sciences 851 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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3.10 Entitlement under SEIS

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central

product Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

b R&D services on social sciences and

humanities

852 7% 5%

c Interdisciplinary R&D services 853 7% 5%

C Rental/Leasing services without

operators

a Relating to ships 83103 7% 5%

b Relating to aircraft 83104 7% 5%

c Relating to other transport equipment 83101,83102

83105

7% 5%

D Relating to other machinery and equipment 83106-83109 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central

product Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

D Other business services

a Advertising services 871 5% 3%

b Market research and public opinion polling

services

864 5% 3%

c Management consulting service 865 5% 3%

d Services related to management consulting 866 5% 3%

e Technical testing and analysis services 8676 5% 3%

f Services incidental to agricultural, hunting and

forestry

881 5% 3%

g Services incidental to fishing 882 5% 3%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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S. No. SECTORS Central product

Classification (CPC)

Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

h Services incidental to mining 883, 5115 5% 3%

i Services incidental to manufacturing 884, 885 5% 3%

j Services incidental to energy distribution 887 5% 3%

k Placement and supply services of personnel 872 5% 3%

l Investigation and security 873 5% 3%

m Related scientific and technical consulting

services

8675 5% 3%

n Maintenance and repair of equipment (not including

maritime vessels, aircraft or other transport

equipment)

633, 8861- 8866 5% 3%

o Building- cleaning services 874 5% 3%

Service Exports from India Scheme (SEIS)LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central

product Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

p Photographic services 875 5% 3%

q Packaging services 876 5% 3%

r Printing, publishing 88442 5% 3%

s Convention services 87909 5% 3%

2 COMMUNICATION SERVICES

Audiovisual services

a Motion picture and video tape production

and distribution service

9611 7% 5%

b Motion picture projection service 9612 7% 5%

LIST OF SERVICES- APPENDIX 3D

37CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

S. No. SECTORS Central

product Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

c Radio and television services 9613 7% 5%

d Radio and television transmission services 7524 7% 5%

e Sound recording n. a. 7% 5%

3 CONSTRUCTION AND RELATED

ENGINEERING SERVICES

A General Construction work for building 512 7% 5%

B General Construction work for Civil

Engineering

513 7% 5%

LIST OF SERVICES- APPENDIX 3D

Service Exports from India Scheme (SEIS)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Service Exports from India Scheme (SEIS)

S. No. SECTORS Central

product Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

C Installation and assembly work 514, 516 7% 5%

D Building completion and finishing work 517 7% 5%

4 EDUCATIONAL SERVICES

(Please refer *Note 3)

A Primary education services 921 7% 5%

B Secondary education services 922 7% 5%

C Higher education services 923 7% 5%

D Adult education 924 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central

product Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

5 ENVIRONMENTAL SERVICES

A Sewage services 9401 7% 5%

B Refuse disposal services 9402 7% 5%

C Sanitation and similar services 9403 7% 5%

6 HEALTH-RELATED AND SOCIAL

SERVICES

A Hospital services 9311 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central

product Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

7 TOURISM AND TRAVEL-RELATED

SERVICES

A Hotels and Restaurants (including

catering)

a Hotel 641-643 5% 3%

b Restaurants (including catering) 641-643 5% 3%

B Travel agencies and tour operators

services

7471 7% 5%

C Tourist guides services 7472 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central

product Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

8 RECREATIONAL, CULTURAL AND

SPORTING SERVICES

(other than audiovisual services)

A Entertainment services (including theatre, live

bands and circus services)

9619 7% 5%

B News agency services 962 7% 5%

C Libraries, archives, museums and other cultural

services

963 7% 5%

D Sporting and other recreational services 964 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

*Note 4: Under Maritime Transport Services marked with *[9A (a), (b) and (c)], the reward shall be limited to Operations from India by Indian Flag Carriers only.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central product

Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

9 TRANSPORT SERVICES

(Please refer *Note 4)

A Maritime Transport Services

a Passenger transportation* 7211 7% 5%

b Freight transportation* 7212 7% 5%

c Rental of vessels with crew * 7213 7% 5%

d Maintenance and repair of vessels 8868 7% 5%

e Pushing and towing services 7214 7% 5%

f Supporting services for maritime transport 745 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central product

Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to

31.03.2018

&

01.04.2018 TO

31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

B Air transport services

a Rental of aircraft with crew 734 7% 5%

b Maintenance and repair of aircraft 8868 7% 5%

c Airport Operations and ground handling 7% 5%

C Road Transport Services

a Passenger transportation 7121, 7122 7% 5%

b Freight transportation 7123 7% 5%

c Rental of Commercial vehicles with operator 7124 7% 5%

d Maintenance and repair of road transport equipment 6112, 8867 7% 5%

e Supporting services for road transport services 744 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

S. No. SECTORS Central product

Classification

(CPC) Code

Admissible rate in

% (on Net Foreign

Exchange earnings)

01.11.2017 to 31.03.2018

&

01.04.2018 TO 31.03.2019

Admissible rate in

% (on Net Foreign

Exchange earnings)

D Services Auxiliary To All Modes Of Transport

a Cargo-handling services 741 7% 5%

b Storage and warehouse services 742 7% 5%

c Freight transport agency services 748 7% 5%

LIST OF SERVICES- APPENDIX 3D

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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.

Service Exports from India Scheme (SEIS)

Services For the period Admissible Rate in %

(on NFE)

Services Notified in appendix 3D/3E 01.04.2015 to 30.10.2017 3% or 5%

Services Notified in appendix 3D/3E-including

ground handling services

01.11.2017 to 31.03.2018 5% or 7%

Services Notified in appendix 3D/3E-including

ground handling services

31.03.2018 onwards

i.e &

01.04.2018 TO 31.03.2019

5% or 7%

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Utilization of MEIS /SEIS Scrip

Freely transferable in open market.

Scrip can use for the payment of :-

Basic Customs Duty,

Safeguard Duty

Transitional Product Specific Safeguard duty

Antidumping duty

Scrip can also be use for payment of duties of Excise (on those items- not covered under GST)

Scrip can also be use for payment of BCD and additional customs duty (safeguard, antidumping etc.) on EO default for EPCG/Advance

Authorization and for payment of application fees/composition Fees .

Scrip CANNOT be used for payment of GST.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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CENVAT/ Drawback

◦ Additional Customs duty specified under section 3(1),3(3) and 3(5) of Customs Tariff act,1975 /excise

duty paid in cash or through debit under duty credit scrip shall be adjusted as CENVAT CREDIT OR

DUTY DRAWBACK as per DoR rules or notification.

◦ Basic Custom duty paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty

Drawback as per DoR rules or notifications.

Import under lease financing

◦ Utilization of Duty Credit Scrip shall be permitted for payment of duty in case of import of capital

goods under lease financing in terms of provision in paragraph 2.34 of FTP.

Common Provisions for Exports from India Schemes (MEIS and SEIS)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Status Holders

The nomenclature of Export House, Star Export House, Trading House, Star Trading House, Premier Trading House certificate has been changed to

One, Two, Three, Four, Five Star Export House.

The criteria for export performance for recognition of status holder have been changed from Rupees to US dollar earnings.

Based on Export Performance FOB / FOR (as converted) Value (in US $ million) during current and previous three year

Status Category Export Performance FOB/FOR

(as converted) Value (in US $ million) during current and previous three years

One Star Export House 3

Two Star Export House 25

Three Star Export House 100

Four Star Export House 500

Five Star Export House 2000

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Privileges of Status Holder

Status Holder shall be eligible for privileges as under:-

Authorization and Customs Clearances for both imports and exports may be granted on self-declaration basis;

Input-Output norms may be fixed on priority within 60 days by the Norms Committee;

Exemption from furnishing of Bank Guarantee for Schemes under FTP, unless specified otherwise anywhere in FTP

or HBP;

Exemption from compulsory negotiation of documents through banks. Remittance / receipts, however, would be

received through banking channels;

Two star and above Export houses shall be permitted to establish Export Warehouses as per Department of Revenue

guidelines.

Three Star and above Export House shall be entitled to get benefit of Accredited Clients Programme (ACP) as per the

guidelines of CBEC (website: http://cbec.gov.in).

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Privileges of Status Holder

The status holders would be entitled to preferential treatment and priority in handling of their consignments by the concerned agencies.

Manufacturers who are also status holders (Three Star/Four Star/Five Star) will be enabled to self-certify their manufactured goods (as per their

IEM/IL/LOI) as originating from India with a view to qualify for preferential treatment under different preferential trading agreements (PTA), Free Trade

Agreements (FTAs), Comprehensive Economic Cooperation Agreements (CECA) and Comprehensive Economic ,Partnership Agreements (CEPA).

Subsequently, the scheme may be extended to remaining Status Holders.

Manufacturer exporters who are also Status Holders shall be eligible to self-certify their goods as originating from India as per Para 2.108 (d) of Hand Book

of Procedures.

Status holders shall be entitled to export freely exportable items on free of cost basis for export promotion subject to an annual limit of Rs 1 crore or 2% of

average annual export realization during preceding three licensing years whichever is lower

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Duty Exemption/Remission schemes

Duty exemption schemes

Advance Authorization (which includes Advance Authorization for Annual requirement scheme)

DFIA

Duty Remission schemes.

Duty drawback (DBK) scheme, administered by Department of

Revenue (DoR)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Duty exemption Schemes

Advance Authorization Scheme

For making available duty free Inputs required to manufacture the export product (making normal wastage). Fuel ,oil , catalyst also

allowed.

Inputs allowed as per Standard Input Output Norms with Actual User condition.

Inputs also allowed on the basis of self ratification scheme.

Facility available for Physical exports (including export to SEZ ),deemed exports and Intermediate supplies.

Minimum 15% V.A.

Time period for import 12 months from the date of issue of Authorization.(one revalidation for 6 months may be granted)

Fulfillment of export obligation within 18 months from the date of issue of Authorization. Extension in EOP allowed for a 6 months

subject to payment of composition fees @0.5%

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Duty exemption Schemes

Advance Authorization Scheme

Other Features:

Exemption from

Basic customs duty

Social welfare surcharge (SWS)

Integrated Goods & Services tax ( IGST up to 31st March ,2021)

Anti dumping & safeguard duty and transition product specific safeguard duty.

Actual user

Inputs cannot be transferred after EO completion (‘Actual User’)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Duty exemption schemes

Advance Authorization Scheme

Other Features:

Can be availed for Annual requirement if

Item notified in SION

Applicant has exports in last two FY.

Entitlement up to 300% of the FOB value of physical export/FOR in preceding FY or 1 crore whichever is higher.

Facility of ARO or Back to Back L/C

EO period 18 months from date of issue of Authorization

EO extension

1st 6 months on 0.5% of the shortfall in EO,as composition fee

2nd 6 months on 0.5% per month composition fee,on unfulfilled EO (provided 50% of EO fufifilled in quantity as well as value.)

No further extension shall be allowed by RA

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Duty Free Import Authorization (DFIA)

Permits duty free imports of raw materials, consumables, fuel (both as input & for power generation), catalyst for exports/ intermediate supplies or

deemed exports

Basic Features:

• Based on SION

• 20% value addition

• Export shall be completed within 12 months

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Drawback

• Section-74 : Drawback allowable on re-export of duty-paid goods read with Re-Export of

Imported Goods (Drawback of Customs Duties) Rules, 1995

• Section-75 : Drawback on imported materials used in the manufacture of goods which are

exported read with the Customs and Central Excise Duties Drawback Rules, 2017.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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DUTY DRAWBACK

GOODS IMPORTED

CLEARANCE OF

GOODS FOR H/C

AFTER PAYMENT OF

IMPORT DUTY

EXPORT

REFUND OF IMPORT DUTY

i.e. DUTY DRAWBACK

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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DUTY DRAWBACK

Goods imported into India duty

Paid thereon

+

Export after processing.

Goods imported in India & duty

Paid thereon

+

Sec. 74 Sec75

Amount of DBK

export after use

Within 4 year or 1*1/2

year

as the case may be

Amount of DBK When

Export as such within 2 year

From the date of payment of duty

DBK= 98% of I.D

(satisfaction of the

Ac/Dc required)

Export as Normal Export / Baggage/ Post

1st Notification

i.e. goods=WCPT

2nd Notification

i.e. Car or Goods

3rd Notification

i.e. other goods

No. DBK shall

be allowed

Imported by Person

for his Personal & Private

use

DRAWBACK allowed of duties of customs

on any imported material used in

Manufacturing / processing of such

goods,

As the CG may direct

Import duty

Less: by 4%,3%,2.5%& 2% (for

each qtr or part thereof)

For 1st ,2nd ,3rd ,4th yr. respectively

Depending upon

Period of use

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Section 74 Section 75

Meaning DBK Refund of Import duty paid on

such goods

Refund of

•Import duty- paid on

Imported Raw material

•Excise Duty paid on petroleum

products,

Goods eligible for DBK All goods Notified goods

Identity of goods exported Unchanged

(Since Export as such)

Changed

(since export after processing)

Rate of DBK As such-98%

After use-As per notification

I,II,III

Notified rate:

-all industry rate

-brand rate

-special brand rate

Period of usage As specified in notification No such restriction

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No Duty Drawback

Section 76

1. In respect of any goods Market price < Duty drawback due < Rs.50

2. Central Govt. is of opinion that goods are likely to be smuggled back in India.

or

may be allowed subject to restriction & conditions.

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Export Promotion Capital goods (EPCG) Scheme

Import of capital goods for pre production ,production and post production at zero custom duty.(except those specified in negative list in appendix 5F.

Also exempt from IGST upto 30th September,2018

Capital goods for the purpose of the EPCG scheme shall includes:

◦ Capital Goods as defined in Chapter 9 including in CKD/SKD condition thereof;

◦ Computer software systems;

◦ Spares, moulds, dies, jigs, fixtures, tools & refractories for initial lining and spare refractories; and

catalysts for initial charge plus one subsequent charge.

Import of capital goods for Project Imports notified by Central Board of Excise and Customs is also permitted under EPCG Scheme.

Import under EPCG Scheme shall be subject to an export obligation equivalent to 6 times of duty saved on capital goods, to be fulfilled in 6 years reckoned

from date of issue of Authorization.

Authorization shall be valid for import for 18 months from the date of issue of Authorization. (Revalidation of EPCG Authorization shall not be permitted.)

Second hand capital goods shall not be permitted to be imported under EPCG Scheme.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Export Promotion Capital goods (EPCG) Scheme- Negative list (Appendix 5F)

Sr.no. Name of item Importability under EPCG

1. cables Permitted only as an integral part of Capital Goods

2. Railway wagons(excluding specialized wagons) Not permitted

3. Tractors Not permitted

4. Trucks/Tippers/Dumpers/ And Spares there of including tyres. Permitted only to mining sector

5. Motor Cars, Sports Utility Vehicle/ All purpose vehicles. Not permitted

6. Airport Ground handling Equipments. Not permitted

7. Furniture, carpets, crockery, marble, chandelier, tiles, flooring,

doors for rooms, fixing panels.

Permitted only to hotel industry

8. Construction equipments viz. cranes etc. Permitted only for providing services

9. All construction materials like sheds, cement, steel. Not permitted

10. Computers and printers Not permitted

11. All second hand capital goods Not permitted

12. Capital goods (including captive plants and power generator sets

of any kind) for export of electrical energy (power)

:supply of electrical

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Export Promotion Capital goods (EPCG) Scheme

Export obligation

Specific Export obligation :- 6 times of duty saved amount to be fulfilled in 6 years.

Average Export obligation:

EO under the scheme shall be, over and above, the average level of exports achieved by the applicant in the preceding three

licensing years for the same and similar products within the overall EO period .

In case of indigenous sourcing of Capital Goods, specific EO shall be 25% less than the normal EO

Note :-Shipments under Advance Authorization, DFIA, Drawback scheme or reward schemes under Chapter 3 of

FTP; would also count for fulfillment of EO under EPCG Scheme.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Post-Export EPCG Duty Credit Scrips

• Post Export EPCG Duty Credit Scrip(s) shall be available to exporters who intend to import capital goods on full payment of applicable

duties in cash and choose to opt for this scheme.

• Basic Customs duty paid on Capital Goods shall be remitted in the form of freely transferable duty credit scrip(s), similar to those

issued under Chapter 3 of FTP.

• Specific EO shall be 85% of the applicable specific EO under the EPCG Scheme. However, average EO shall remain unchanged.

• Duty remission shall be in proportion to the EO fulfilled.

• All provisions for utilization of scrips issued under Chapter 3 of FTP shall also be applicable to Post Export EPCG Duty Credit Scrip

(s).

• All provisions of the existing EPCG Scheme shall apply insofar as they are not inconsistent with this scheme.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Transport & Marketing Assistance (TMA)

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Introduction & objective

• Introduction:- New Chapter 7 (A) / Scheme is added in the Foreign Trade Policy 2015-20 by the Department

of Commerce, Ministry of Commerce & Industry, Govt. of India. vide their notification no.58/2015-20 dated

29 march,2019 read with DOC’s notification no.17/3/2018-Ep (Agri.IV) dated 27.0022019

• Objective:-the transport and marketing for specified agricultural products scheme aims to provide assistance

for the international component of freight and marketing of agricultural produce which is likely to mitigate

disadvantage of higher cost of transportation of export of specified a agricultural products due to trans-

shipment and to promote brand recognition for Indian agricultural products in the specified overseas markets.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Coverage:

• All exporters, duly registered with relevant Export Promotion Council as per Foreign

Trade Policy, of eligible agriculture products shall be covered under this scheme.

• Eligible agriculture products- products covered under HSN chapters 1 to 24 ( exceptions

given blow).

• The assistance, as notified rates, will be available for export of eligible agriculture

products to the permissible Countries, as specified from time to time.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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List of Agriculture products not eligible under TMA

Chapter HS Code Description

Chapter 1, 2 &

5

All HS

Codes

-Live animals

-Meat and Edible Meat Offal

-Products of Animal Origin, not elsewhere specified or included

Chapter 3 030617 -other shrimps and prawns :

Chapter 4 0401 -Milk and cream, not concentrated nor containing added sugar or other sweetening matter.

0402 -Milk and cream, concentrated or containing added sugar or other sweetening matter.

0403 -Buttermilk, curdled milk and cream, yogurt, kephir, and other fermented or acidified milk and

cream, whether or not concentrated or containing added sugar or other sweetening matter or flavored

or containing g added fruit, nuts or cocoa.

0404 -whey, whether or not concentrated or containing added sugar or other sweetening matter, products

consisting of natural milk constituents, whether or not containing added sugar or other sweetening

matter, not elsewhere specified or included.

Continue…..

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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List of Agriculture products not eligible under TMA

Chapter HS Code Description

0405 -Butter and other fats and oils derived from milk; dairy spreads

0406 -Cheese and curd

Chapter 7 0703 -Onions, shallots, garlic, leeks, and other alliaceous vegetables, fresh or chilled

Chapter 10 1001,

1006

-Wheat and Meslin

-Rice

Chapter 13 & 14 All HS Codes -Lac; Gums, Resins and other vegetable saps and Extracts

-Vegetable plaiting Materials; Vegetable Products not elsewhere specified or included

Chapter 17 1701,

1703

-Cane or Beet Sugar or chemically pure Sucrose, In solid form-Raw sugar not

containing Added flavoring or Colouring matter

-Molasses resulting from the extraction or refining of sugar

Chapters 22 and

24

All HS Codes -Beverages, Spirits and Vinegar

-Tobacco and Manufactured Tobacco Substitutes

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Notified Rates:

Region Amount per TEU

(Normal)

Amount per TEU

(Reefer)

By Air

Amount per tonne

West Africa 11200 19600 840

EU 9800 21000 1120

Gulf 8400 14000 700

North America 21000 28700 2800

ASEAN 5600 12600 700

Russia & CIS 12600 22400 700

Far East 8400 12250 840

Oceana 16800 24500 2800

China 0 12600 840

South America 23800 31500 3500

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Permissible Countries

Region Country Name

West Africa Benin, Mali, Burkina, Faso, Mauritania, Ivory, Coast, Niger, Cape, Verde, Nigeria

EU Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic,

Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia,

Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Poland,

Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom,

Vatican City

Gulf Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates

North

America

Antigua and Barbuda, Bahamas, Barbados, Belize, Canada, Costa Rica, Cuba, Dominica, Dominican Republic, EI

Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Saint Kitts and Nevis,

Saint Lycia, Saint Vincent and the Grenadines, Trinidad and Tobago, United states of America

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Region Country Name

ASEAN Brunei, Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand,

Vietnam

Russia & CIS Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russia,

Tajikistan, Turkmenistan, Ukraine, Uzbekistan

Far East Japan, North Korea, South Korea

Oceana Australia, Fiji, Kiribati, Marshall Islands, Micronesia , Nauru, New Zealand, Palau, Papua, New Guinea,

Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu

China PRC China, Hong Kong, Taiwan

South America Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Peru, Paraguay, Suriname, Uruguay, Venzuela

Permissible Countries

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Applicability: -

• The Scheme would be applicable for a period as specified from time to time. Presently the scheme

would be available for exports affected from 01.03.2019 to 31.03.2020

• Pattern of Assistance: - Assistance under TMA would be provided in Cash through direct bank

transfer as part of reimbursement of freight paid.FOB supplies where no freight is paid by Indian

exporter are not covered under this scheme

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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The following exports categories/sectors shall be ineligible under this scheme

• Products exported from SEZs/EOUs/EHTPs/STPs/BTPs/FTWZs;

• SEZ/EOU/EHTPs/STPs/BTPs/FTWZs products exported through DTA units.

• Exported of imported goods covered under paragraph 2.46 of FTP.

• Export through trans shipment, i.e. exports that are originating in third Country but trans shipped through India.

• Items, which are restricted or prohibited for export under schedule -2 of Export Policy in ITC (HS), unless

specifically notified.

• Export Products which are subject to minimum Export Price or export duty, unless specifically;

• Export of Goods through Courier or foreign post offices using e-commerce.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Procedure for Availing Assistance under Scheme

• Application for claiming assistance under this scheme can be filed by registered and eligible exporter, having a valid RCMC issued bythe competent Authority.

• The application can be made by corporate office/Registered office/Head office/Branch office or Manufacturing unit.

• Application for TMA would be filed to the RAs headed by Additional DGFT.

• The application shall be filled up online on DGFT’s website (http://dgft.gov.in/) along with the application fee as prescribed inAppendix-2K .

• A physical copy of the print out of ANF-7(A)A along with prescribed documents shall also be filed manually with RA concernedwithin 30 days from the date of submission of online application using e-commerce..

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Procedure for Availing Assistance under Scheme

• Application for claim of TMA will be made on quarterly basis i.e. for the shipments made in a particular quarter, online claims should be filed within a

period of one year from the completion of the quarter in which exports have been made .

• TMA claim would be available on shipment basis. All claims for shipments made in a particular quarter should be bunched together and submitted as a

single application along with Chartered Accountant (CA) / Cost and Work Accountant (ICWA) / Company Secretary (CS) certificate in the format as

given in the Annexure A to ANF-7(A)A.

• Non-submission of the physical copy of the application along with the prescribed documents within 30 days after filing online, shall be result in non-

acceptance of application by DGFT and shall be rejected

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Documents Required:-

All applications should be submitted in ANF-7(A)A (duly filled up online) along with copies of the following documents duly self certified

EP Copy of shipping bill(s) / Airway bill(s);

Commercial invoice;

On board bill of lading, in case of shipment by sea;

Certificate of chartered accountant (CA) / cost and works Accountant (ICWA) / Company Secretary (CS) .

Proof of landing .

Exporter may refer to the guidelines / instruction given in Application form before filling online application and submitting physical copy with

RA.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Key Points

• Mandatory to apply online at the www.dgft.gov.in portal with concerned Jurisdictional RA headed by Addl. DGFT.

• No document is required to be uploaded while filing the application on DGFT's website.

• A printout of the uploaded application along with the self certified copies of the requisite documents should be submitted to the concerned RA within 30

days of submission of online application.

• Separate applications are required to be filed for separate quarters in a Licensing year based on date of export as mentioned in Shipping Bill.

• The application can be filed within one year of completion of a quarter after that the application would become time barred .

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Key Points-

• The Assistance would be provided in cash through direct bank transfer.

• TMA will be based on the freight paid for a full Twenty-feet Equivalent Unit (TEU) containers. A forty feet container will be

treated as two TEUs.

• The scheme is not available for Less than Container Load (LCL); container having both eligible and ineligible category of cargo

and for the cargo if shipped I bulk/break bulk mode.

• Assistance for products exported by air would be based on per ton freight charges on net weight of the export cargo, calculated

on the full ton basis, ignoring any fraction thereof.

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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Key Points-

• FOB supplies where no freight is paid by Indian exporters are not covered under this scheme.

• The scheme is admissible for the exports made through EDI ports only.

• The Applicants are required to submit the original copies of CA Certificate (Annexure A) and Proof of landing certificate for all

exports in the application for exports made (Annexure B).

• Fee for application for reimbursement of benefits under Transport and Marketing Assistance (TMA) will be Rs. 1000/- notified vide

Public Notice No. 02/2015-20 Dt. 05.04.2019

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI

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CA. Hans Raj Chugh

F.C.A, F.C.S, L.L.B, Insolvency Professional

Mobile No. +91-9811207924

Email:- [email protected]

Thank You

CA. Hans Raj ChughGST& Indirect Taxes Committee of ICAI