Professional Documents
Culture Documents
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Manufacturer Exporters,
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Merchant Exporters
and
3
Service providers
Common service providers in towns of export
excellence, e.g. Tirupur, Panipat, Ludhyana
Retailers having minimum area of 1000 sq.mt.
Project imports notified by the Central Board of
Excise & Customs wherein basic customs duty
on imports is 10% with a CVD of 16%
Main features of EPCG scheme
Eligibility of import
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8 times the amount of duty saved on import of
capital goods under this scheme
6 times the amount of duty saved in case of
SSI units provided the landed CIF value of
capital goods < 25 lakhs and after inclusion of
goods should be < SSI limit of investment (1Cr.)
Main features of EPCG scheme
Amount of Export Obligation
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Within 8 years from date of issuance of licence.
Up to 12 years in the following cases:
O Amount of duty saved is > 100 crores
O EPCG licence holder is a unit under the revival plan of
BIFR (Banking for Industrial and Financial
Restructuring)
O Licence holder is in Agri-export zone
Main features of EPCG scheme
Period of Discharge of Export Obligation
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1. Export obligation can be fulfilled by export of
goods which can be manufactured by imported
capital goods.
2. If the licence holder fulfills > 75% of export
obligation (including avg. level of export) in half
the period of export obligation, the remaining
obligation is condoned and licence is redeemed
Main features of EPCG scheme
Discharge of Export Obligation
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3. Licence holder shall fulfill export obligation over the
specified period in the following proportions
Main features of EPCG scheme
Discharge of Export Obligation
Period of export obligation
(8 years)
Minimum export obligation to
be fulfilled
1 to 6
th
year 50 %
7
th
and 8
th
year 50 %
Period of export obligation
(12 years)
1 to 10
th
year 50 %
11
th
and 12
th
year 50 %
Export obligation of a particular block of years may be set off by the excess of
export made in the preceding block of year
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Licence holder may source new capital goods
from domestic leasing company/domestic
manufacturer.
No permission of licensing authority is required
under leasing financial arrangement
Licence holder alone shall be responsible for
fulfillment of export obligation
Main features of EPCG scheme
Leasing of Capital Goods
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Main provisions : FTP 2004-09
- FTP provides for duty exemption/ remission
scheme + EPCG scheme to augment Indian
export
- Exporters can import duty free inputs required
for manufacture of products for export
5. Duty Exemption/Duty Remission Scheme
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O Should be fulfilled within 24 months from date
of licence
O Can be extended by 6 months to composition fee
of 2% of duty saved on unutilised imported
items
O Can be extended further by 6 months : pay 5%
Main features of EPCG scheme
Period of Export Obligation
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SEZ, EOU, STP & EHTP
Schemes
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Schemes For Encouraging Exports
+All nations encourage exports..
.to counter adverse Balance of Trade
+Various schemes to encourage exports
+Mainly supported and supervised by
Ministry of Commerce
+EPC for various categories
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Export Incentives for Manufacturer
+Indigenous inputs w/o payment of excise duty
+No excise charged on final product
+Imported inputs w/o payment of customs duty
+No export duty on export of final product
+Fast finance at concessional interest rates
+Exemption from income tax
+Exemption from SALES TAX on final product
(refund of CST paid on inputs in certain cases)
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WTO STIPULATION
+No country can give export incentives
+However.goods can be made tax free for export
purpose
+All export promotion schemes ensure that inputs
as well as final products are made TAX FREE
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+Various schemes to obtain duty free inputs OR
get refund later
1. Some schemes unit has to be isolated from
domestic production units
E.g. EOU, STP, EHTP and SEZ
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Input Duty Relief Scheme
2. Other schemes domestic producers are also
entitled to get inputs/capital goods free of taxes
E.g. a) Advance Licence scheme
b) Duty Entitlement Pass Book scheme (DEPB)
c) Duty Free Replenishment Certificate
scheme (DFRC)
d) EPCG scheme (Export Promotion Capital
Goods scheme)
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Input Duty Relief Scheme
e. Rebate of duty on inputs if final product is
exempt from duty
f. Under duty drawback scheme, excise duty paid
on inputs is returned as rebate
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Input Duty Relief Scheme
Highlights of EOU/SEZ scheme
-SEZ unit has to be located within the specified
zones developed, 114 operational, another 500
formally approved
-EOU unit can be set up at any of over 300 places
all over India
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Currently there are 114 SEZs (as of October 2010) operating throughout India in the following states
[8]
: Karnataka - 18; Kerala - 6;
Chandigarh - 1; Gujarat - 8; Haryana - 3; Maharashtra - 14; Rajasthan - 1; Tamil Nadu - 16; Uttar Pradesh - 4; West Bengal - 2: Orissa -
1.
Additionally, more than 500 SEZs are formally approved (as on October 2010) by the Government of India in the following states
[9]
:
Andhra Pradesh - 109; Chandigarh - 2; Chattisgarh - 2; Dadra and Nagar Haveli - 4; Delhi - 3; Goa - 7; Gujarat - 45; Haryana - 45;
Jharkhand - 1; Karnataka - 56; Kerala - 28; Madhya Pradesh - 14; Maharashtra - 105; Nagaland - 1; Orissa - 11; Pondicherry - 1;
Punjab - 8; Rajasthan - 8; Tamil Nadu - 70; Uttarkhand - 3; Uttar Pradesh - 33; West Bengal - 22.
-Similarly, STP/EHTP unit can be situated
within SEZ or at any place where EOU can
be set up
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Highlights of EOU/SEZ scheme
No custom duty on import of capital
goods, raw materials, consumables,
packing material, spares etc.
No excise duty on indigenous inputs
*Second hand capital goods can also be imported.
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Highlights of EOU/SEZ scheme
Have to achieve +ve NFE (Net Foreign
Exchange Earnings).
NFE = A B
A= FOB value of exports
B = CIF Value of all imported inputs and
capital goods and all payments made in
foreign exchange.
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Highlights of EOU/SEZ scheme
calculated cumulatively for 5 yrs from
commencement of commercial production
All foreign exchange outgo is included*
Requirements of +ve NFE
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Capital goods
Raw materials
Consumables and spares
Dividend payable in foreign exchange
Royalty to collaborators
Design and know-how fee
Foreign exchange outgo includes
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Payment to foreign technicians
Training to Indian technicians abroad
Foreign travel
Interest paid on ECB / deferred payment credit
Any other payment in foreign exchange.
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Foreign exchange outgo includes
If NFE is not achieved, duty and
interest in proportion to default will
be payable
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EOU Minimum investment in plant and
machinery and building = Rs 1 crore. This
should be before commencement of
commercial production
SEZ No such limit
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Highlights of EOU/SEZ scheme
A bond in prescribed form has to be executed.
EOU B-17
SEZ Form prescribed in SEZ Rules, 2003
*There is NO physical supervision of customs / excise
authorities over production and clearances, BUT
prescribed records are required to be maintained.
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Highlights of EOU/SEZ scheme
EOU Fast Track Clearance Scheme (FTCS) for
clearances of imported consignments
SEZ customs clearance for export and import is
obtained within the zone itself
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Highlights of EOU/SEZ scheme
Generally, all final production should be exported,
EXCEPT rejects up to prescribed limit.
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Highlights of EOU/SEZ scheme
Sale within India should be on payment of excise
duty = normal customs duty (If imported)
Exceptions In certain cases, excise duty payable
= 50%/30% of normal customs duty applicable if
goods are imported into India
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Highlights of EOU/SEZ scheme
SUB-CONTRACTING is allowed subject to
permission on annual basis
JOB WORK for exports is permitted
SAMPLES can be sold / given free within
prescribed limit
UNUTILISED RAW MATERIAL can be disposed of
on payment of applicable duties
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Highlights of EOU/SEZ scheme
The unit can EXIT (DE-BOND) with
permission of Development Commissioner,
on payment of applicable duties.
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Highlights of EOU/SEZ scheme
EOU Central Sales Tax (CST) paid on
purchases is refundable. Refund is obtained
from Development Commissioner
SEZ Supplier DOES NOT have to pay CST
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Highlights of EOU/SEZ scheme
Prescribed %age of foreign exchange
earnings can be retained in *EEFC account in
foreign exchange
100% foreign equity is permissible, except
in a few cases*
*EEFC A/C Exchange Earners Foreign Currency Account
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Highlights of EOU/SEZ scheme
Supplies made to EOU by Indian supplier are
deemed exports and supplier is entitled to
benefits of deemed export
Supplies to SEZ are exports and all export
benefits are available
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Highlights of EOU/SEZ scheme
Restrictions under Companies Act on
*managerial remuneration are not
applicable
No restrictions on External Commercial
Borrowings
*20 lakhs/month
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Highlights of EOU/SEZ scheme
STP / EHTP UNIT
Concept of STP/EHTP is similar to EOU/SEZ.
Administered by Ministry of Information
Technology.
STP/EHTP unit can be set up as an EOU unit
anywhere in India or as a SEZ unit at specified
developed locations in India.
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A software development firm qualifies as
STP/EHTP unit.
Can import goods on loan from clients for
specific period.
Can export software electronically or through
physical transport.
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STP / EHTP UNIT
Activities allowed..
exports of professional services
development of computer software
data entry and conversion
data processing, analysis and control
data management
call centre services.
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STP / EHTP UNIT
If your major production is towards sale in DTA
(Domestic Tariff Area), schemes like DEPB* or
DFRC* or Advance License are suitable.
Which Scheme to Choose?
* Duty Entitlement Passbook scheme (DEPB)
* Duty Free Replenishment Certificate scheme (DFRC)
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Schemes like EOU/SEZ are suitable
when the undertaking is predominantly
export oriented
Requirement of imported capital goods
and raw material is high
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EOU is more flexible than SEZ
Wide choice of location (EOU unit can be
set up at any place declared as warehousing
station under Customs Act) [300 places]
EOU can be set up even within a part of
the factory, thus saving considerable costs.
Even use of common utilities is possible.
EOU vs. SEZ
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EOU is more flexible than SEZ
If export orders dry up, conversion of EOU
to DTA unit by exit (de-bonding) is
comparatively very easy.
In case of SEZ, the unit has to be physically
moved out of the zone after exit (de-
bonding).
EOU vs. SEZ
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On the other hand
infrastructure available at SEZ unit is much
better than EOU units.
Customs clearance for exports is obtained
within the zone itself, which is convenient.
EOU vs. SEZ
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EOU/SEZ schemes are under Ministry of
Commerce
Basic Policy of EOU : Chapter 6 of Export
and Import Policy 2009-2014
Procedural Aspects : Chapter 6 of
Handbook of Procedures Volume I
Overview of EOU/SEZ scheme
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Prescribed Forms : Appendices to the
Handbook of Procedures
EOU units are closely connected with
Customs Law, Excise Law, Income Tax Act and
Foreign Exchange Management Act
Overview of EOU/SEZ Scheme
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Power generation/distribution can be set
up in EOU/STP unit.
can supply surplus power to another
EOU/STP/EHTP/SEZ unit.
Can supply surplus power to DTA unit on
payment of duty on consumables and raw
materials used for power generation
Power
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Duty free imports will be permitted ONLY
to units exporting services and NOT to
domestic service providers
Further, NO trading units are permitted
Each EOU must have its website and e-mail
address.
Service Sector
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EOU/SEZ/STP/EHTP unit can be set up with
100% foreign investment, except few
*restricted sectors
SEZ unit can manufacture articles reserved
for SSI even if foreign equity exceeds 24%
No license is required
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PERMISSIBLE CAPITAL GOODS
material handling equipments, captive power
plants, office equipment, tools, prototypes, AC
system, computers, laptops can be brought as
'capital goods' IF these are essential in
manufacture of goods
should be located in regd./administrative
office
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ANTI-DUMPING DUTY or SAFEGUARD DUTY
Not applicable for imports by EOU or SEZ
units, UNLESS it is specifically made
applicable
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CT-3 CERTIFICATE
The EOU/EHTP/STP unit can procure
indigenous material w/o payment of excise
duty.
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EXPORT/IMPORT OF DEFECTIVE
INPUTS/FINAL PRODUCTS
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RETURN OF REJECTED GOODS TO
INDIGENOUS SUPPLIER
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INTER UNIT TRANSFER
Inter unit transfers of manufactured goods
and capital goods from one EOU/SEZ unit
to another EOU/SEZ unit w/o payment of
duty is permitted.
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Besides manufacturing,
(a) Import of goods for service activities
(b) Reconditioning, repairs of imported goods and
return to foreign suppliers
(c) Destruction of waste and rejects with
permission of Asstt. Commissioner even outside
the premises
EOU : Allowed Activities
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SERVICE has also been included as 'export
product' as per EXIM Policy.
EOU Allowed Activities
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QUARTERLY AND ANNUAL REPORT
Submit in prescribed form to
Development Commissioner.
Routine procedures by EOU unit
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Maintenance of Separate Accounts
separate accounts and balance sheet of
EOU and Domestic Unit is required to claim
Income tax benefits.
Routine procedures by EOU unit
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