HANDBOOK - CHAPTER-8

DEEMED EXPORTS
 

Policy				8.1				No Change
Benefits to the Supplier				8.2				In respect of supplies made against Advance Licence in terms of paragraphs 8.2(a) of the Policy, the supplier shall be entitled to Advance Licence for intermediate supplies.
				8.3 Old 8.2.1				If the supplies are made against Advance Release Order (ARO) or Back to Back Letter of Credit issued against Advance Licence, in terms of paragraphs 4.18 and 4.19 of the Policy, supplier shall be entitled to the benefits listed in paragraphs 8.3(b) and (c) of the Policy, whichever is applicable.
				Old 8.2.2				However, in such cases where Advance Release Order (ARO) or Back to Back Letter of Credit has been issued against DFRC, in terms of paragraphs 4.18 and 4.19 of the Policy, supplier shall be entitled only to the benefit listed in paragraph 8.3(b) of the Policy.
				8.4 Old 8.2.3				In respect of supply of goods to EOU/SEZ/ EHTP/ STP in terms of paragraphs 8.2 (b) of the Policy, the supplier shall be entitled to the benefits listed in paragraph 8.3(a),(b)and (c) of the Policy, whichever is applicable.
				8.5 Old 8.2.4				In respect of supplies made under paragraphs 8.2 (c) (d), (f), (g) and (j) of the Policy, the supplier shall be entitled to the benefits listed in paragraphs 8.3(a),(b) and (c),whichever is applicable.
				Old 8.3				In all cases of deemed exports, supplies shall be made directly to the designated Projects/ Agencies/ Units/ Advance Licence/EPCG licence holders. The sub-contractor may, however, make the supplies to the main contractor as per paragraph 8.7 instead of designated projects/ agencies.
Procedures/ Criteria for claiming Deemed Exports Benefit				8.6				No Change
	8.6.1				In respect of supplies under paragraphs 8.2 (b) of the Policy, the DTA unit shall claim the deemed exports benefit except the Advance Licence for deemed export and DFRC from the Development Commissioner. However, the advance licence for deemed exports and DFRC shall be claimed from the concerned licensing authority. For supplies to EHTP/STP, the DTA unit shall claim deemed export benefits from the licensing authorities concerned. Such supplies shall be certified by the receiving agencies.
	8.6.2				No Change
	8.6.3				No Change
	8.6.4				No Change
	8.6.4.1				No Change
		8.6.5				The benefit of deemed exports under paragraph 8.2(f) of the Policy would be available for the supplies of goods specified in list 12 for categories specified in S.No.214, 216 and 217 of Department of Revenue notification No.21/2002-Customs dated 1/3/2002, as amended from time to time, required in connection with petroleum operations undertaken under petroleum exploration licences or mining leases as the case may be, issued or renewed after 01.04.1999 and granted by the Government of India or any State Government to the Oil and Natural Gas corporation or Oil India Limited on nomination basis, and petroleum operations undertaken under specified contracts including those new exploration licensing Policy. These supplies shall be regarded as deemed exports under the said Policy, provided the goods are manufactured in India, and shall be eligible for deemed export benefits given under paragraph 8.3(a)(b) and (c), whichever is applicable of the Policy. In terms of provision of paragraph 8.2(f) of the Exim Policy 2002- 07, the benefits of deemed exports under para 8.3 (a), (b) and (c) whichever is applicable, would be available for the supply of cupro nickel blanks to a mint of the Government of India, provided the goods are manufactured in India and subject to fulfillment of condition no 26 against S.No 191 of Customs Notification No 21/2002 dated 01.03.2002 (as amended from time to time).
			8.6.6				No Change
			8.6.6.1				However, supply of goods required for setting up of any mega power projects as specified in S.No.400 of Department of Revenue notification No.21/2002-Customs dated 1/3/2002, as amended by Department of Revenue notification 26 dated 1.3.2003 and subject to any further amendments thereof, shall be eligible for deemed exports benefits as mentioned in paragraph 8.3(a)(b) and (c) of the Policy, whichever is applicable, if such mega power project is –

	8.6.6.2	No Change
Supplies to UN Organisation	8.6.7	No Change
Supplies to Nuclear Power project	8.6.8	No Change
Benefits to Sub-Contractor	8.7	No Change
Procedure for claiming Deemed Exports Drawback & Terminal Excise Duty Refund	8.8	No Change

	8.8.1	No Change
	8.8.2	No Change
	8.8.3	No Change

	8.8.4	No Change
	8.8.5	No Change

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