MINISTRY OF COMMERCE AND INDUSTRY
PUBLIC
NOTICE No 22 /2004-09
NEW DELHI: the
8th November, 2004
In exercise
of powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2004-09,
the Director General of Foreign Trade hereby makes the following amendment(s) in
the Handbook of Procedures (Vol. I):-
1.
S.No 2 pertaining
to the Scale of Application fee under
Appendix 29 which stipulates the “Procedure for Deposit/ Refund of Import
Application Fee and Other Fee” is amended to read as under-
|
2.
Scale of application fee |
S.No
|
PARTICULARS |
|
Amount
of fee (in
rupees) |
|
|
1.
|
Application
for Import Licence (except for DEPB and EPCG) where the CIF value of goods
specified in the application does not exceed Rupees Fifty thousand.
|
|
Two
hundred |
|
|
2. |
Application
for Import Licence where the CIF value of the goods specified in the
application exceeds Rupees Fifty thousand, |
|
Two
per thousand or part thereof subject to a minimum of Rs.Two hundred and
maximum of Rs. One lakh and fifty thousand. However, for applications
filed electronically, the fee would be Rs.1/1000 or part thereof subject
to a minimum of Rs. Two hundred and maximum of rupees Rs. Seventy five
thousand. |
|
|
3. |
Application
for Import Licence filed by SSI units where the CIF value goods specified
in application does not exceed Rupees Two lakhs |
|
Two
Hundred |
|
|
4. |
Application
for grant of Duplicate Licence including Duty Entitlement Pass
Book. |
|
Two
hundred |
|
|
5. |
Application
for issue of certificate of Importer -Exporter Code Number
(IEC). |
|
One
thousand |
|
|
6. |
Application
for Duplicate copy of IEC No. |
|
Two
hundred |
|
|
7. |
Application
for issue of an Identity Card |
|
Two
hundred |
|
|
8. |
Application
for issue of Duplicate Identity Card.
|
|
One
hundred |
|
|
9. |
Application
for Revalidation of an Import Licence |
|
Two
hundred |
| |
10. |
Application
for Duty Entitlement Passbook (DEPB), Duty Free Credit Entitlement
Certificate for service provider , Duty Free Credit Entitlement
Certificate for status holder, Vishesh Krishi Upaj Yojana and Target Plus
Scheme. |
|
Five
per thousand of duty credit subject to a minimum of Rs.Two hundred.
However, for application filed electronically, Rs.2.50/1000 of duty credit
subject to a minimum of Rs.200/- |
|
|
11. |
Application
for Import Licence under Export Promotion Capital Goods (EPCG)
Scheme |
|
Rs.Five
per thousand of duty saved subject to a minimum of Rs.Two hundred.
However, for application filed electronically, Rs.2.50/1000 of duty credit
subject to a minimum of Rs.200/- and a maximum of Rs Two lakh and fifty
thousand only. |
NOTWITHSTANDING THE ABOVE, THE APPLICATION
FEE FOR ALL APPLICATIONS FILED ELECTRONICALLY WOULD BE 50% OF THE AMOUNT
SPECIFIED IN THIS TABLE”. THE WORD ‘ELECTRONICALLY’ WHEREVER APPEARING IN THIS
APPENDIX WOULD MEAN ‘DIGITALLY SIGNED & SUBMITTED THROUGH’ DGFT
WEBSITE(ONLINE/ OFFLINE).”
2.
Appendix 9 D pertaining to the Refixation of the Export Obligation
under the EPCG Scheme is amended as under-
APPENDIX -9 D
APPLICATION FORM FOR REFIXATION OF EXPORT OBLIGATION
UNDER EPCG SCHEME
Note: 1. Please see paragraph 5.4 (i) of
the Policy and paragraph 5.19 of this Handbook.
|
File
No |
Date |
|
1. |
Name and
address of the applicant |
: |
M/S | |||
|
2. |
IEC
Number |
: |
| |||
|
3. |
Block year of
Export Obligation fulfilment |
: |
1st year [
] |
2nd year [
] |
3rd year [
] |
4th year [
] |
|
5th year [
] |
6th year [
] |
7th year [ ]
|
8th year [
] | |||
|
|
|
9th year [ ]
|
10th year[ ]
|
11th year[
] |
12th year[
] | |
|
4. |
Exports
mandated under the block prescribed in row above |
: |
As a
percentage of total exports to be made | |||
|
5. |
Export
actually made |
: |
As a
percentage of the total exports to be made | |||
6.
Details of EPCG licence presented for refixation of export
obligation:
|
S. No |
EPCG Licence No
|
Date of Issue |
Export
Product(s) |
Capital Goods applied for
import |
Export obligation fixed as per imports
made (in US $) |
Exports actually
made (In US $) |
% of exports
unfulfilled |
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) = 100*((6)-
(7))/(6) |
|
|
|
|
|
|
|
|
|
|
CIF Value of imports (in US
$) |
Total Customs Duty Saved
(10) |
Refixed Export
Obligation | ||||
|
(9) |
Basic (A) |
Additional/ CVD (B) |
Others (SAD, etc if
applicable) (C) |
Rate of Duty levied on import
(D) |
Total Duty saved (A+B+C-D) |
(11) |
|
|
|
|
|
|
|
=8* (10)*(8)/100 for cases where
refixation application is made within 2 years from the date of issue of
EPCG Licence =2*(10)*(8)/100
for cases where the remaining EO is
less than 2 years on the date of application for
refixation |
DECLARATION/UNDERTAKING
-----------------------------
I/We hereby solemnly
undertake/declare that:-
|
(i)
|
I/We hereby declare that the particulars and the
statements made in this application for refixation of export
obligation are true and
correct to the best of my/our knowledge and belief and nothing has been
concealed or held therefrom.
| |
|
(ii) |
I/We full understand that any information
furnished in the application if proved incorrect or false will render
me/us liable for any penal action or other consequences as may be
prescribed in law or otherwise warranted. | |
|
(iii) |
I/We further declare that the refixation of export
obligation is being sought for the EPCG licence where atleast 50% of the
exports indicated in row 6 above have been realised. | |
|
(iv) |
I/We undertake to abide by the provisions of the
Foreign Trade (Development and Regulation) Act, 1992,the Rules and Orders
framed thereunder, the Export and Import Policy and the Handbook of
Procedures. | |
|
(v) |
That I/We shall be liable to penal action in
accordance with the Policy/Procedure/Foreign Trade (Development &
Regulation) Act, 1992 the Rules and Orders framed thereunder and the
Customs Act, 1962 addition to forfeiture of Bank Guarantee or any other
Bond/Guarantee given to the Customs/licensing authority, in the event of
failure to fulfill the export obligation as stipulated, within the export
obligation period prescribed or subsequently extended by the competent
authority. | |
|
(vi) |
I hereby certify that I am authorised to verify
and sign this declaration as per paragraph 9.9 of the policy.
| |
|
Signature of the Applicant: |
| |
|
Name: |
| |
|
Designation: |
| |
|
Official Address: |
| |
|
Residential Address : |
| |
|
E-mail address: |
| |
|
Place: Date: |
| |
Documents to be enclosed with the application
form:
1. Original copy of EPCG licence
3.
Appendix 36 A pertaining to the Served from India Scheme is amended
as under-
APPENDIX 36-A
APPLICATION FORM FOR
SERVED FROM INDIA SCHEME
(Please see paragraph
3.6.4 of the Policy and 3.18 of the Handbook)
|
File
No.: |
Date: |
|
1. |
Name
and Address |
|
|
2. |
I
E Code Number |
|
|
3. |
Category
of Service Provider |
a)
Hotels and other service providers in tourism sector
c)
Others
|
|
4. |
Whether
holding a Status Certificate |
:
Yes/No |
|
5. |
Service
Tax Registration No |
: |
|
6. |
Details
of Services rendered |
: |
|
Services
rendered in free foreign exchange during
2003-04 |
Services
rendered in the preceding year (in Indian rupees) |
Services
rendered in the current year (in Indian rupees) |
Duty
Free Entitlement (Rs) |
| ||
|
Direct |
Indirect |
|
|
| ||
|
(1) |
(2) |
(3) |
(4) =0.1*(Col
2) for All service providers other than Hotels and
Restaurants =0.05*(
Col 2) for Hotels and other service providers in the Tourism
sector =0.2*(
Col 2) for Standalone restaurants |
| ||
|
|
|
|
|
| ||
4.
Port
of Registration(for import purposes):
5.
No. of Split Certificates
required (in multiples of Rs 5 Lakhs each):
6.
Details of Fee Paid:
DD/TR no:
Date: Drawn
on:
Declaration/Undertaking
1.
I/We hereby declare that this application is based on services rendered in free
foreign exchange during the preceding licensing year as per details given at
Serial Number 6 above.
2. I/We further
certify that I/We am/are authorised to verify and sign the statement on behalf
of the applicant.
3. I/We fully understand that any information furnished
in the above statement, if proved incorrect or false, will render me/us liable
to face any penal action or other consequences as may be prescribed in law or
otherwise warranted.
4. I/We further declare that I/We has/have not
applied nor obtained another duty entitlement certificate issued under paragraph
3.6.4 of the Policy based on the exports in free foreign exchange during the
preceding licensing year.
5.
I/We further declare that I/We shall comply with the provisions of the
Policy/Handbook of Procedure (Vol.1) and the relevant Customs notification while
importing the goods under the scheme and subsequent use of the same under actual
user condition.
6. I/We further declare that in respect of professional
equipments, a certificate from jurisdictional Deputy Commissioner Central
Excise, Assistant Commissioner of Central Excise or an independent Chartered
Engineer, as the case may be, shall be produced confirming installation and use
of capital goods in the importer’s factory or premises, within six months from
the date of imports or within such extended period as the said Deputy
Commissioner of Customs or Assistant Commissioner of Customs may
allow.
7. I/We declare that the receipts of free foreign
exchange (including payment through international credit cards for one and two
star hotels and stand alone restaurants) are for bona fide service transactions
rendered by the applicant and no services have been purchased from third parties
for availing the duty free entitlement entitlement.
|
|
Signature: |
|
Place: Date: |
Official
Address: Official
Stamp/Seal |
Documents to be
enclosed with the application form
1.
Copy
of the service tax registration, wherever applicable.
CERTIFICATE
OF CHARTERED ACCOUNTANT/
COST AND
WORKS ACCOUNTANT/COMPANY SECRETARY
I/We hereby confirm that I/We have examined the
prescribed registers and also the relevant records of M/s …………………………….. for the
period specified in S. No. (6) above and hereby certify that:
(i) M/s
………………………… (Name and address of the applicant) who is a service provider under
the category ……………… at S. No. ………… of Appendix-36 have earned foreign exchange
as per the details supplied at Sl. No. 6
(ii) The following
documents/records have been furnished by the applicant for services provided
against Direct/Indirect foreign exchange and have been examined and verified by
me/us:
In respect of direct foreign exchange earnings, we have verified
the certified statements from the Banker/ Chartered Accountant of Foreign
Exchange Earnings. In respect of indirect forex earnings duly certified by
Chartered Accountant such as amount received from Travel agents/ Tour Operators,
Foreign Airlines for stay of Crew and Catering, UN Organisations and Diplomatic
Missions and Encashment Certificate from authorized dealers and others in terms
of DGFT Policy circular no. 60/97-2002 dated 24.12.1998.
(iii)The
financial information given in the above statement is in agreement with the
relevant register and records; the same has been incorporated in the books of
accounts maintained by the Service provider; and is also true and
correct.
(iv)It has been ensured that the information furnished is true
and correct in all respect; no part of it is false or misleading and no relevant
information has been concealed or withheld;
(v)It has been ensured that
the information furnished is true and correct in all respect; no part of it is
false or misleading and no relevant information has been concealed or
withheld;
(vi)Neither I, nor any of my partners is a partner, director,
or an employee of the above-named entity or its associated
concerns;
(vii)I/We fully understand that any statement made in this
certificate, if approved incorrect or false, will render me/us liable to face
any penal action or other consequences as may be prescribed in law or otherwise
warranted.
(* Strike out whichever are not
applicable)
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|
Signature Name |