Para
|
From
|
To
|
|
2.12(iii)
|
Validity
Spares
under EPCG Licence – Validity of EO period
|
Validity
(iii)
EPCG Licence for spares, refractories, catalyst and consumables - 24
months
|
|
2.47
|
Prototypes
Import
of new/second hand prototypes/ second hand samples not exceeding
ten in number in a year may be allowed on payment of duty
without a licence/ certificate/ permission.
|
Import of new/second hand prototypes/ second hand samples may be
allowed on payment of duty without a licence/ certificate/
permission.
|
|
2.52.1
|
Free
of Cost Exports
The
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.5 lakh or 2% of the average annual export
realisation during the preceding three licensing years whichever is
higher.
|
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.10 lakhs or 2% of the average annual export
realization during the preceding three licensing years whichever is
higher.
|
|
3.18
|
a)
Service providers (other than hotels and service provider in the
tourism sector) fulfilling the criteria mentioned in paragraph 9.47
of the Policy shall be entitled to duty free imports equivalent to
10% of the average foreign exchange earned by them in the preceding
three licensing years. However, hotels (having approval as three
star or above categories by the Department of Tourism,
Government of India) and other service providers in tourism sector
registered with Deptt. of Tourism, Government of India shall be
entitled to duty free imports equivalent to 5% of the average
foreign exchange earned by them in preceding three licensing years.
b) The duty free credit entitlement certificate shall be used for
import of spares, office equipment(s) and furniture(s), professional
equipment(s), and consumables provided such goods are freely
importable under ITC(HS). However, import of agriculture and dairy
products shall not be allowed even if such items are freely
importable under ITC(HS).
c) The duty free credit entitlement certificate and the goods
imported thereunder shall be non-transferable.
Application for the duty free credit entitlement certificate shall
be filed with the jurisdictional regional licensing authority in
Appendix - 36A. The last date for filling of applications shall be
31st December.
The duty free entitlement certificate shall be valid for a period of
12 months. The service provider shall within one month of the expiry
of the validity of the duty free entitlemnt certificate, submit a
statement of imports made under the certificate as per Appendix -
36B to jurisdictional Regional Licensing Authority
|
Service
providers (other than hotels and service providers in the tourism
sector fulfilling the
criteria mentioned in paragraph 9.47 of the Policy shall be entitled
to duty free credit for imports equivalent to 10% of the average
foreign exchange earned by them in the preceding three licensing
years. However, hotels (one
star and above), heritage hotels, stand-alone restaurants and other
service providers in tourism sector approved and registered with
Department of Tourism, Govt. of India, shall be entitled to duty
free imports equivalent to 5% of the average foreign exchange earned
by them in the preceding three licensing years. For one & two
star hotels and stand-alone restaurant, the free foreign exchange
earned through international credit cards only shall be taken into
account for the entitlement under the scheme and the same would be
vetted through a bankers statement that forms part of the
application under Appendix 36A.
b.
All categories of Service providers will be entitled for benefits
under the scheme subject to achieving a minimum total free foreign
exchange of Rs 30 lakhs in the preceding 1/2/3 licencing years.
c.
The duty free credit entitlement certificate shall be used for
import of any capital
goods including spares, office equipment(s) & professional
equipment(s), office furniture(s) & consumables provided
such goods are freely importable under ITC(HS).
However, import of agricultural products, dairy products, motor
cars, sports utility vehicles and all purpose vehicles shall not
be allowed even if such items are freely importable under ITC(HS).
d.
The benefit under this scheme is subject to actual user condition.
The duty free credit entitlement certificate and the goods imported
thereunder shall be non-transferable.
e.
A single consolidated application for the duty free credit
entitlement certificate shall be filed with the jurisdictional
regional licensing authority in Appendix-36A by the Registered
office in case of a company and Head Office in case of others.
The last date for filing of such application shall be 31st
December.
f.
Where the applicant is the branch office or the individual units of
the service provider, it shall furnish (i) self certified copy of
any valid documentary evidence such as tax return etc. Where the
name of the branch/unit is given and (b) an authority letter from
the Registered Office of a company or head office of a firm,
clearly, indicating that the Registered/Head office or its branches
and unit(s) have not been declared defaulter or otherwise made in
eligible for import/export under any of the provisions of the
policy.
g.
The Applicant can apply for split up of licence subject to the
condition that each such licence will be of a minimum value of Rs.5
Lakhs and the applicant will be required to pay additional fee of
Rs.1000/- per split up licence in addition to the application fee
for the duty free entitlement certificate as per Appendix-29 of
Handbook of Procedure. The request for split up licence shall be
entertained only at the time of submission of initial application.
h.
The certificate holder intending to procure the item (s) from
the indigenous sources/State Trading Enterprises
in lieu of direct import has the option to source them
against Advance Release
Order (ARO) or invalidation letter, as the case may be, which shall
be denominated in foreign exchange/Indian Rupees.
i.
The entitlement can be used for import from private/public bonded
warehouses subject to the fulfillment of provision of paragraph 2.28
of Exim Policy and the
terms and conditions of the
notification issued by Department of Revenue from time to time in
respect of private/public bonded warehouses.
j.
The duty free entitlement certificate shall be valid for a period of
12 months. The service
provider shall within one month of the completion of imports made or
the expiry of the validity of the duty free entitlement certificate whichever
is earlier, submit a statement of imports made under the
certificate as per Appendix-36B to the jurisdictional Regional
Licensing Authority with a copy to the jurisdictional Excise
authorities (service tax cell).
|
|
4.5
|
Advance
licence for free of cost and paid material
In
terms of paragraph 4.1.6 of the EXIM Policy, an exporter may apply
for an Advance Licence for import of items mentioned in paragraph
4.1.1 of the Policy some of which may also include items that are
supplied free of cost.
In
such cases, a specific endorsement shall be made on the exchange
control copy of the Advance Licence disallowing remittances for the
material being supplied free of cost. All inputs imported shall be
utilised in the manufacturing of the product except the wastage.
|
In terms of paragraph 4.1.6 of the EXIM Policy, an exporter may
apply for an Advance Licence for import of items mentioned in
paragraph 4.1.1 of the Policy some or all of which may also
include items that are supplied free of cost.
In
such cases, a specific endorsement shall be made on the exchange
control copy of the Advance Licence disallowing remittances for the
material being supplied free of cost. In case all the inputs are
supplied free of cost , no exchange control copy of the advance
licence would be issued. All inputs imported shall be utilised
in the manufacturing of the product except the wastage.
|
|
4.7.1
|
Entitlement
However,
in cases where ALC has already ratified the norms for the same
export import product in respect of a licence obtained under
paragraph 4.7, such norms shall be valid for a period of six months
reckoned from the date of ratification. The licence holder in such
cases shall be entitled for further licence(s) as per the norms
ratified by ALC without the need for subsequent ratification by ALC.
However, licensing authority after issuance of the licence shall
forward such cases to ALC for consideration of fixation of Standard
Input Output Norms. The total value of licence(s) obtained on such
norms shall not exceed 100% of the FOB and/or FOR value of preceding
year export/supply.
|
However,
in cases where ALC has already ratified the norms for the same
export import product in respect of a licence obtained under
paragraph 4.7, such norms shall be valid for a period of six
months reckoned from
the date of ratification. The
licence holder in such cases shall be entitled for further licence(s)
as per the norms ratified by ALC without the need for subsequent
ratification by ALC. In
such cases the applicant would file the application under Adhoc
Norms Fixed category. Licences
shall be issued by the Licencing Authority concerned under “ Adhoc
Norms Fixed” category and in such cases the application copies
need not be forwarded to the ALC for fixation/ratification of norms.
The total value of licence(s) obtained on such norms shall
not exceed 100% of the FOB and/or FOR value of preceding year
export/supply.
|
|
4.9(b)
|
In
cases where SION specifically allows fuel, the same shall be
permitted under advance licence. Alternatively, fuel may be allowed
as per general fuel Policy for products covered under SION or under
paragraph 4.7 or under adhoc SION.
|
In
cases where SION specifically allows fuel, the same shall be
permitted
under
advance licence. Alternatively, fuel may be allowed as per general
fuel Policy for products covered under SION or under paragraph 4.7.
|
|
4.9(C)
|
Fuel
should be allowed only against an actual user licence and
therefore fuel shall not be allowed for imports against DFRC which
is transferable in nature.
|
Fuel
should be allowed only against an actual user condition
|
|
4.12
|
Exports
in anticipation of licence
Exports/supplies
made from the date of receipt of an application for an
Advance Licence by the licensing authority, may be accepted towards
discharge of export obligation. If the application is approved, the
licence shall be issued based on the input/output norms in force on
the date of receipt of the application by the licensing authority in
proportion to the provisional exports/ supplies already made till
any amendment in the norms is notified. For the remaining exports,
the Policy/ Procedures in force on the date of issue of the licence
shall be applicable.
|
Exports/supplies
made from the date of issuance of file number against an
application for an Advance Licence by the licensing authority,
may be accepted towards discharge of export obligation.
If the application is approved, the license shall be issued
based on the input/output norms in force on the date of receipt of
the application by the licensing authority in proportion to the
provisional exports/supplies already made till any amendment in the
norms is notified. For
the remaining exports, the Policy/Procedures in force on the date of
issue of the licence shall be applicable.
|
|
4.13
|
Advance
Licence or DFRC for Intermediate Supplies
The
application for grant of Advance License for Intermediate supply may
be made on the basis of a tie-up agreement with the exporter holding
an Advance license for physical exports/deemed exports. Such
requests shall be considered by the licensing authority concerned.
The Advance License for Intermediate supply shall be issued after
making the licence invalid for direct import of items to be supplied
by the intermediate manufacturer.
In
such cases, a copy of the invalidation letter will be given to the
licence holder and copy thereof will be sent to the intermediate
supplier as well as the licensing authority of the intermediate
supplier. The licensee in such case has an option either to supply
the intermediate product to holder of Advance Licence for physical
exports/deemed exports or to export directly. The facility of
advance licence for intermediate supply shall be available even in
cases where the intermediate supplier has supplied or intend to
supply the material subsequent to fulfilment of export obligation by
the ultimate exporter holding the Advance Licence.
|
The
application for grant of Advance License
or DFRC for Intermediate supply may be made on the
basis of a tie-up agreement with the exporter holding an Advance
license for physical exports/deemed exports or DFRC.
The licensing authority concerned shall consider such
requests. The Advance
License or DFRC for Intermediate supply shall be issued after
making the licence invalid for direct import of items to be supplied
by the intermediate manufacturer.
In
such cases, a copy of the invalidation letter will be given to the
licence holder and copy thereof will be given to the licence holder
and copy thereof will be sent to the intermediate supplier as
well as the licensing authority of the intermediate supplier.
The licensee in such case has an option either to supply the
intermediate product to holder of advance Licence for physical
exports/deemed exports or to export directly.
The facility of advance licence for intermediate supply shall
be available even in cases where the intermediate supplier has
supplied or intend to supply the material subsequent to fulfillment
of export obligation by
the ultimate exporter holding the Advance Licence.
|
|
4.20.3
|
Facility
of Clubbing
In
case an Advance Licence(s), where export obligation has already
expired, is to be clubbed with an Advance Licence(s) where export
obligation period is valid, the applicant shall pay the composition
fee of 1% or 5%, as the case may be, prescribed for extension of
export obligation in respect of Advance Licence(s) where export
obligation period has expired.
|
The
facility is available only for Advance Licence(s) where there is
shortfall in fulfillment of export obligation, and which is sought
to be clubbed with an advance licence(s) which is valid for imports.
For expired licence(s) with EO shortfall and which is sought to be
clubbed with an advance licence(s) which is valid for imports ,the
applicant shall pay the composition fee for E.O.P. extension as per
the provision of paragraph 4.22.
|
|
4.20.4
|
Facility
of Clubbing
In
such cases, the exports effected 30 months after the issuance
of the expired licence shall not be considered for clubbing.
|
In
such cases, the exports effected 36 months after the issuance
of the earliest licence shall not be considered for clubbing.
|
|
4.22.1
|
Export
obligation period and its extension
The
request for extension in export obligation period may be made in the
form given in Appendix-10G. The regional licensing authority shall
grant one extension for a period of six months from the date of
expiry of the original export obligation period to the licensee
subject to payment of
a) Composition fee of 1% of the unfulfilled FOB value of export
obligation with reference to CIF value of imports made for which
extension is being sought
Or
b) unfulfilled FOB value of quantity wise exports to be completed
for fulfilling export obligation vis a vis the imports made ( in
case of multiple inputs, the input with the highest import
percentage quantity wise made is to be taken)whichever is higher.
Request for a further extension of six months may be considered by
the regional licensing authorities subject to payment of composition
fee of 5% of
a) the unfulfilled FOB value of export obligation with reference to
CIF value of imports made for which extension is being sought
or
b) unfulfilled FOB value of quantity wise exports to be completed
for fulfilling export obligation vis-à-vis the imports made (in
case of multiple inputs, the input with the highest import
percentage quantity wise made is to be taken)whichever is higher.
|
The
request for extension in export obligation period may be made in the
form given in Appendix-10G. The regional licensing authority shall
grant one extension for a period of six months from the date of
expiry of the original export obligation period to the licensee
subject to payment of 2% of the duty saved on all the unutilized
imported items as per licence;
Request
for a further extension of six months may be considered by the
regional licensing authorities subject to payment of composition fee
of 5% of
the duty saved on all the unutilized imported items as per
licence;
However
any further extensions beyond 30 months upto a maximum period of 36
months from the date of issue of the Advance Licence or the duration
of the contracted project (in the case of Advance Licence for Deemed
Exports) or on the lapse of any other extension (s) granted by this
office would be permitted on payment of the composition fee of 2%
per month of the duty saved on unutilized quantity
of all imported items as per licence;
|
|
4.24A
(e)
|
The
Advance Licence for Annual Requirement
The
licence shall be valid for 12 months for imports and 18 months for
exports from the date of its issuance. Each licence will have One
port of registration for imports. Exports can take place from any
port mentioned in paragraph 4.19.
|
The
licence shall be valid for 12 months for imports and 18 months for
exports from the date of its issuance. Each licence will have One
port of registration for imports. Exports can take place from any
port mentioned in paragraph 4.19. The regional licensing authority
may consider a request of the license holder and grant one
revalidation for a period of six months from the date of expiry of
the original licence. No
further revalidation may be considered by the regional licensing
authorities. The
regional licensing authority may also grant extension in export
obligation period in
terms of paragraph 4.22 and
4.22.1 of the Handbook of Procedure subject to the payment of
composition fee as prescribed therein.
Such export obligation period
extension should not exceed 12 months from the date of expiry of
original export obligation period
of the licence. The
request(s) for revalidation of licence and/or extension of the
export obligation period
shall be made in the form given in appendix-10G.
|
|
4.24B
|
Not
Available
|
Added
Advance
Licence for Annual Requirements for Intermediate Supplies
The
provisions contained in paragraph 4.24A shall also be applicable to
“Advance Licence for Annual Requirement for intermediate
supplies” so far as they are not inconsistent with the following.
The facility of ‘Advance Licence for annual Requirement for
intermediate supplies’ is available for the cases where the
intermediate supplier intends to supply the material against
invalidation letters issue to the holders of Advance license for
physical exports/deemed exports.
In such cases, a copy of the invalidation which makes the
licence invalid for direct import of
items to be supplied by the intermediate manufacturer will be
given to the licence holder and copy thereof will be sent to the
intermediate supplier as well as the licensing authority of the
intermediate supplier. Further
the invalidation letters should also contain the licence number and
date of ‘Advance Licence for annual Requirement for intermediate
supplies’ to enable proper
accounting of the invalidation letters.
These would be submitted to the Licencing authority concerned
by the intermediate supplier for the purpose of closure of licence.
|
|
4.31
|
DFRC
Engineering/
Electronics
Alloy
Steel including Stainless Steel / Copper Alloy / Synthetic Rubber / Bearings,
Cables, IC’s, Diodes, PCB’s and Capacitors / Brass Scrap / Tungsten
Filament /
Chemical
and Allied Products
Carbon
Black / Additives
/ Paper/ Paper Board / Printing Ink
/ Pigments / Paints/ Varnishes / Catalyst / Resin/ Resinoid /
Synthetic Rubber / Dyestuffs / Solvent / Timber/ Sawn Timber/
Wood/ Veneer /
Perfumes/ Essential Oil/ Aromatic Chemicals /
Surfactants
Plastics
1.
Plastic Films
Textiles
1.
Relevant Fabrics
Miscellaneous
1.
Marble
|
Alloy
Steel including Stainless Steel, Copper Alloy, Synthetic Rubber,
Bearings, Brass Scrap, Additives, Paper/ Paper Board, Dyestuffs,
Solvent, Perfumes/ Essential Oil/ Aromatic Chemicals, Surfactants, Relevant
Fabrics, Marble.
|
|
4.34
|
Time
Period
The
application for DFRC shall be filed within six months from the
date of realisation reckoned from the last date of realisation in
respect of shipments/supply for which DFRC is being claimed.
|
The
application for DFRC shall be filed within six months from the
date of realisation in respect of
all shipments or supplies for which DFRC is being
claimed.
|
|
4.34.1
|
Time
Period
In
case of exports against irrevocable Letter of Credit, the DFRC shall
be filed within six months from the date of exports/supply
reckoned from the last date of exports/ supply in respect of
which DFRC is being claimed.
|
In
case of exports against irrevocable Letter of Credit, the DFRC shall
be filed within six months from the date of all exports or supplies
in respect of which DFRC is being claimed.
|
|
4.47
|
Time
Period
The
application for obtaining credit shall be filed within a period of
six months from the date of exports or within three months from the
date of realisation, whichever is later, reckoned from the last
date of realisation/exports, in respect of shipments for which
the claim have been filed.
|
The
application for obtaining credit shall be filed within a period of
six months from the date of exports or within three months from the
date of realisation, whichever is later, in respect of shipments for
which the claim have been filed.
|
|
4.47.1
|
Time
Period
Wherever
provisional shipment has been allowed by the customs authorities,
DEPB against such exports shall be issued only after the release of
the shipping bill by the Customs. In such cases, application for
DEPB shall be filed within six months from the date of release of
such shipping bill or three months from the date of
realization, whichever is later.
|
Wherever
provisional shipment has been allowed by the customs authorities,
DEPB against such exports shall be issued only after the release of
the shipping bill by the Customs. In such cases, application for
DEPB shall be filed within six months from the date of release of
such shipping bill or six months from the date of realisation,
whichever is later.
|
|
5.3
|
Consideration
of Applications
The applicant may apply for EPCG license wherein duty saved amount
is upto Rs. 50 crores to the Regional Licensing Authority (RLA) on
the basis of self-declaration subject to final fixation of nexus by
the RLA. The applicant shall give an undertaking that in case the
RLA subsequently disallows the Capital Goods including jigs,
fixtures, dies, moulds and spares, the license holder shall pay
customs duty as applicable together with 15% interest on such goods.
For
the cases wherein duty saved amount is above Rs. 50 crores, the
applicant may apply to DGFT headquarters directly with a copy
endorsed to the concerned RLA. In such cases, based on the
recommendations of Headquarters EPCG Committee which will also fix
the nexus in these cases, the concerned RLAs will issue the EPCG
License accordingly.
|
The
applicant may apply for EPCG licence wherein duty saved amount is Rs.
50 crores, to the Regional Licensing Authority along with a
certificate from the independent chartered engineer on the Performa
annexed to appendix 9 certifying the end use of capital goods sought
for import for its use at pre production, production or post
production stage for the product undertaken for export obligation.
For
the cases wherein duty saved amount is above Rs. 50 crores, the
applicant may apply to DGFT Headquarters directly with a copy
endorsed to the concerned RLA. In such cases, based on the
recommendations of Headquarters EPCG Committee/ approval of
competent authority the concerned RLAs will issue the EPCG licence
accordingly.
|
|
5.3.1
|
Consideration
of Applications
After
issuance of an EPCG License wherein duty saved amount is upto Rs. 50
crores, a Committee of officers of the RLA, headed by the Head of
Office, and the EPCG Committee in the Headquarters where duty saved
amount in more than Rs. 50 Crores, shall finalize the nexus within
the stipulated period of two months on the basis of the Chartered
Engineer’s certificate and on the basis of EPCG nexus norms
maintained by them. While finalizing the nexus, the provisions
contained in the existing Export Import Policy/Procedures will be
taken into account. In case, the Committee of officers at RLA fails
to finalize the nexus within two months from the date of issuance of
license the nexus as applied for shall be treated as final. However,
where the application for fixation of nexus is rejected on account
of non-furnishing of documents/information, the license holder shall
be liable to pay customs duty as applicable together with 15%
interest thereon.
|
The
Licensing Authority, after issue of EPCG licence on the basis of
certificate from the Independent Chartered Engineer (CEC) furnished
by applicant shall forward a copy of licence along with copy of CEC
to concerned Jurisdictional Central Excise Authority.
|
|
5.3.2
|
Consideration
of Applications
Each
RLA shall maintain a separate register sector-wise/industry-wise
showing the CGs allowed against each export product/service on the
basis of nexus already communicated by HQ in a case and on the basis
of nexus cases regularized by the RLA themselves from time to time
which should be referred to while examining the nexus cases and to
regularize them.
|
The
licence holder (whether registered with Central Excise Authority or
not) shall produce to the concerned licensing authority a
certificate from the jurisdictional Central Excise authority
confirming installation of capital goods at the factory of the
licence holder or his supporting manufacture(s)/vendor(s) within six
months from the date of completion of imports.
|
|
5.3.4
|
Not
Available
|
Added
Import
of Spares including Refractories, Catalysts & Consumables
(i):
The applicant may also apply for import of spares including
refractories, catalyst and consumables under the EPCG Scheme . The
application may contain list of plant/ machinery installed in the
factory of applicant for which spares are required, duly certified
by Jurisdictional Central Excise authorities irrespective of the
fact whether the firm is registered with Central Excise or not.
In
such cases EPCG licence shall not specify the list of spares but
shall indicate:-
(a)
Name of plant/machinery for which spares are required.
(b)
Value of duty saved allowed under the licence.
(c)
Description of product to be exported with value of export
obligation as per the Policy.
(ii)
The licensing authority, after issue of EPCG licence for spare shall
forward a copy of licence to
concerned Jurisdictional Central Excise Authority.
(iii)
In case of import of spares for capital goods, the licence
holder (whether registered with Central Excise Authority or not)
shall produce the licensing authority a certificate by the
jurisdictional central excise authorities confirming the inventory
of spares taken in the records of the licence holder within one
month of the date of completion of each import.
Further at the time of final redemption of export obligation
licence holder shall submit certificate from the Independent
Chartered Engineer confirming the use of spares so imported in the
installed capital goods on the basis of stock & consumption
register maintained by licence holder.
|
|
5.7.3
|
Condition
for fulfilment of export obligation
Exports
shall be physical exports. However, deemed exports as specified in
paragraph 8.2 (a), (b), (d), (f), (g) & (j) of Policy shall also
be counted towards fulfilment of export obligation alongwith the
usual benefits available under paragraph 8.3 of the Policy. Royalty
payments received in freely convertible currency and foreign
exchange received for R& D services shall also be counted for
discharge under the EPCG scheme.
|
Added
“Payment received in rupee terms for the port handling services
provided by the service provider in terms of paragraph 9.47 (iv) of
the Exim Policy shall also be counted for export obligation
discharge under the Scheme.”
|
|
5.7.7
|
Not
Available
|
Added
Condition
for fulfillment of Export obligation
The
Export Obligation shall be fulfilled by the export of product(s)/
services originally specified in
the EPCG licence which are capable of being manufactured/ produced
by the use of the capital goods imported under the licence.
In case, the licencee is unable to fulfill the export
obligation by the products/ services mentioned above, he shall apply
to the concerned licensing authority any time during the validity
period (including the extended period) of export obligation giving
reasons (supported by documentary evidence, if any,) for their
inability to fulfill the export obligation by the products/ services
originally specified in the licence along with the details of the
alternate product(s) manufactured/services provided by the same firm
/company or group company and intended to be exported along with
documents evidencing manufacturing of such product/ service being
provided by the same firm/ company or group company.
He shall also furnish the details of average exports of the
past three years for the alternate products/ services intended to be
exported duly certified by Chartered Accountant. The licensing
authority shall thereafter re-fix the average export obligation by
taking into account the average exports of alternate products/
services made during the preceding three licensing years with
reference to the year in which such re-fixation has been done and
shall also endorse the licence for Product(s)/ services(s) to
fulfill the balance export obligation.
The re-fixed average export obligation shall be applicable
from the financial year during which it has been done.
Notwithstanding
the above, the original average Export obligation shall not be
required for the remaining period provided the licencee does not
want to export the original products/services in the remaining
export obligation period.
The
licencee can also opt for the re-fixation of the balance export
obligation based on 8 times of the duty saved amount for the CIF
value in proportion to the balance Export obligation under the
scheme.
The
aforesaid facilities shall be available for exports made on or after
the date of application received for endorsement of alternate items
and/ or the re-fixed export obligation
subject to endorsement made on the licence subsequently
irrespective of the date of issuance of licence, provided the export
obligation period including
extended export obligation period is valid.
|
|
5.9
|
Monitoring
of Export Obligation
The
licence holder shall produce to the concerned licensing authority a
certificate from the jurisdictional Central Excise authority or by
an independent Chartered Engineer, confirming installation of
capital goods at the factory of the licence holder or his supporting
manufacturer(s)/ vendor(s) within six months from the date of
completion of imports.
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Deleted
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5.11.1
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Not Available
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Added
Extension
of export obligation period
The
firm/company or group company registered within the
original/extended E.O. period with the BIFR or state rehabilitation
Scheme for SSI unit as a sick unit or any firm/company acquiring a
unit, which is under BIFR may apply for extension in export
obligation period for fulfillment of export obligation to Director
General of Foreign Trade.
The
firm/company, which is applying for registration with BIFR/
Rehabilitation Department of State Government shall also intimate
DGFT with regard to relief sought for EPCG licence, if any, within
30 days of receipt of the application by agency concerned.
The DGFT, on receipt of intimation/notice received from the
BIFR/operating agency/ Rehabilitation Department of State Government
shall take up the matter with the agency concerned to safeguard
government interest on account of default in fulfillment of export
obligation imposed on EPCG licence obtained by such firm.
DGFT
may consider such application for grant of extension in the period
of export obligation upto 12 years or as per the rehabilitation
package prepared by operating agency and approved by BIFR
broad/state authority, on its merit.
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