Assistance to States for
Infrastructure Development of Exports
(ASIDE) |
3.1 |
Scheme for Assistance to States for Infrastructure
Development of Exports (ASIDE) is formulated to encourage State Governments to
participate in promoting exports, and is administered by Department of Commerce
(DoC).
Objectives of ASIDE include:
- Developing infrastructure such as roads connecting
production centers with ports,
- Setting up of Inland Container Depots (ICD) and
Container Freight Stations (CFS),
- Creation of new State level export promotion industrial parks / zones,
- Augmenting common facilities in existing zones,
- Equity participation in infrastructure projects,
- Development of minor ports and jetties,
- Assistance in setting up of common effluent treatment facilities,
- Stabilizing power supply, and
- Any other activity as may be notified by DoC.
Details of ASIDE are available at http://commerce.nic.in.
|
Market Access
Initiative
(MAI) |
3.2 |
MAI scheme, intended to provide financial assistance for medium term export
promotion efforts with sharp focus on a country / product, and is administered
by DoC.
Financial assistance is available for Export Promotion Councils (EPCs), Industry
and Trade Associations (ITAs), Agencies of State Governments, Indian Commercial
Missions
(ICMs) abroad and other eligible entities as may be notified.
A whole range of activities can be funded under MAI scheme. These include,
amongst others,
- Market studies,
- Setting up of showroom / warehouse,
- Sales promotion campaigns,
- International departmental stores,
- Publicity campaigns,
- Participation in international trade fairs,
- Brand promotion,
- Registration charges for pharmaceuticals, and
- Testing charges for engineering products.
Each of these export promotion activities can receive financial
assistance from Government ranging from 25% to 100% of total cost depending upon
activity and implementing agency. Full text of guidelines is available at
http://commerce.nic.in.
|
Marketing Development Assistance
(MDA) |
3.2.1 |
MDA)Scheme is intended to provide financial assistance for a range of
export promotion activities implemented by EPCs, ITAs on a regular basis every
year. The scheme is administered by DoC.
Assistance includes, amongst others, participation in
(i) Trade Fairs and Buyer Seller meets abroad or in
India, and
(ii) Export promotion seminars.
Financial assistance with travel grant is available to exporters traveling to
Latin America, Africa, CIS region, ASEAN countries, Australia and New Zealand.
In other areas, financial assistance without travel grant is available.
MDA assistance is available for exporters with annual export turnover upto Rs 10 Crores.
|
Meeting Legal Expenses for Trade Related Matters
|
3.2.1.1 |
DOC would provide financial assistance to deserving exporters on
recommendation of EPCs for meeting cost of legal expenses for trade related
matters. |
Towns of Export
Excellence
(TEE) |
3.3 |
A number of towns have emerged as dynamic industrial clusters contributing
handsomely to India’s exports. It is necessary to grant recognition to these
industrial clusters with
a view to maximizing their potential and enabling them to move higher in the
value chain and tap new markets.
Selected towns producing goods of Rs. 1000 crore or more will be notified as TEE
based on potential for growth in exports. However for TEE in Handloom,
Handicraft, Agriculture and Fisheries sector, threshold limit would be Rs
250 crores.
Recognized associations of units will be able to access funds under MAI scheme
for creating focused technological services. Common service providers in these
areas shall be entitled for EPCG scheme. Further such areas will receive
priority for assistance under ASIDE scheme.
Notified TEE are listed in Appendix 7 of HBP v1. |
Brand Promotion and
Quality |
3.4.1 |
Central Government aims to encourage manufacturers and exporters to attain
internationally accepted standards of quality for their products. Central
Government will extend support and assistance to Trade and Industry to launch a
nationwide programme on quality awareness and to promote total quality
management. |
Test Houses |
3.4.2 |
Central Government will assist in modernisation and
upgradation of test houses and laboratories to bring them at par with
international standards. |
Quality Complaints / Disputes
|
3.4.3 |
Regional Sub-Committee on Quality Complaints (RSCQC) set up at Regional
Offices of this Directorate shall investigate quality complaints received from
foreign buyers. Guidelines for settlement of quality complaints, in particular,
and such other complaints, in general, are given in Appendix-16 of HBP v1. |
Trade Disputes affecting Trade Relations |
3.4.4 |
If it comes to DGFT notice or he has reason to believe that an export or
import has been made in a manner that
(i) is gravely prejudicial to trade relations of India with any other country;
and / or
(ii) is gravely prejudicial to interest of other persons engaged in exports or
imports; and / or
(iii) has brought disrepute to the country;
DGFT may take action against such exporter or importer in accordance with FT
(D&R) Act, Rules and Orders made there-under and FTP. |
|
3.5 |
Export And Trading Houses
|
Export and Trading
Houses |
3.5.1 |
Merchant as well as Manufacturer Exporters, Service Providers, Export
Oriented Units (EOUs) and Units located in Special Economic Zones (SEZs), Agri
Export Zones (AEZs), Electronic Hardware Technology Parks (EHTPs), Software
Technology Parks (STPs) and Bio-Technology Parks (BTPs) shall be eligible for
status. |
Status Category |
3.5.2 |
Applicant shall be categorized depending on his total FOB
(FOR - for deemed exports) export performance during current plus previous three
years (taken together) upon exceeding limit below. For Export House (EH) Status,
export performance is necessary in at least two out of four years (i.e., current
plus previous three years).
Status Category |
Export PerformanceFOB / FOR Value(Rupees in Crores) |
Export House (EH) |
20 |
Star Export House (SEH) |
100 |
Trading House (TH) |
500 |
Star Trading House (STH) |
2500 |
Premier Trading House (PTH) |
10000 |
Note
- Exporters in Small Scale Industry (SSI) / Tiny Sector /
Cottage Sector, Units registered with KVICs / KVIBs, Units located in North
Eastern States, Sikkim and Jammu & Kashmir, Units exporting handloom /
handicrafts / hand knotted or silk carpets, exporters exporting to countries in
Latin America / CIS / sub- Saharan Africa as listed in Appendix-9, Units having
ISO 9000 (series) / ISO 14000 (series) / WHOGMP / HACCP / SEI CMM level-II and
above status granted by agencies listed in Appendix-6 of HBP v1, exports of
services and exports of agro products shall be entitled for double weightage on
exports made for grant of status. Double Weightage shall be admissible to
Merchant as well as Manufacturer Exporters. However,
a shipment can get double weightage only once in any one of above categories.
- Transfer of export performance from one to another is not permitted.
Therefore disclaimer system shall not be allowed for counting of export
turnover.
- Exports made on re-export basis shall not be counted for recognition.
- Exports made by subsidiary of a limited company shall be counted towards
export performance of limited company for recognition only if limited company
has a majority share holding in subsidiary company.
- Deleted
|
Privileges |
3.5.2.1 |
A Status Holder shall be eligible for following facilities:
- Authorisation and Customs clearances for both imports and exports on
self-declaration basis;
- Fixation of Input-Output norms on priority within 60
days;
- Exemption from compulsory negotiation of documents through banks.
Remittance / Receipts, however, would be received through banking channels;
- 100% retention of foreign exchange in EEFC account;
- Enhancement in normal repatriation period from 180
days to 360 days;
- Deleted
- Exemption from furnishing of BG in Schemes under
FTP; and
- SEHs and above shall be permitted to establish Export
Warehouses, as per DoR guidelines.
|
|
3.5.3 |
Deleted |
|
3.6 |
Services Exports |
Services Exports |
3.6.1 |
Services include all 161 tradable services covered under
GATS where payment for such services is received in free foreign exchange. A
list of services is given in Appendix 10
of HBP v1. |
Registration cum Membership Certificate (RCMC) for Service Providers
|
3.6.2 |
Software exporters shall register themselves with Electronics and Software
EPC. Exporters of 13 specific services listed in Sl. No. 34 of Appendix 2 of HBP
v1 are required to register themselves with Services EPC. Other service
exporters shall register themselves with Federation of Indian Exporters
Organisation (FIEO). |
Common Facility
Centres |
3.6.3 |
Government shall promote establishment of Common Facility
Centres for use by home-based service providers, particularly
in areas like Engineering & Architectural design, Multi-media operations,
Software developers etc., in State and District- level towns, to draw in a vast
multitude of home-based professionals into services export arena. |
|
3.6.4 |
Served From India Sschem (SFIS) |
Objective |
3.6.4.1 |
Objective is to accelerate growth in export of services so as
to create a powerful and unique ‘Served From India’ brand, instantly recognized
and respected world over. |
Eligibility |
3.6.4.2 |
All Service Providers, of services listed in Appendix 10 of
HBP v1, who have a total free foreign exchange earning of at least Rs. 10 Lakhs
in preceding financial year shall qualify for Duty Credit scrip. For Individual
Service Providers, minimum would be Rs 5 Lakhs. |
Entitlement |
3.6.4.3 |
All Service Providers (except Hotels, Restaurants and other
Service Providers in Tourism Sector) shall be entitled to Duty Credit scrip
equivalent to 10% of free foreign exchange earned during preceding financial
year.
However services and service providers as listed in Paragraph
3.18.1 of HBP v1 shall not be entitled.
|
Remittances |
3.6.4.3.
(1) |
Free foreign exchange earned through International Credit Cards and other
instruments as permitted by RBI for rendering of service shall also be taken
into account for Duty Credit scrip. |
Hotels, Restaurants &
Other Service Providers in Tourism Sector |
3.6.4.4 |
Hotels of one-star and above (including managed
hotels) and
heritage hotels approved by Department of Tourism (DoT) and other Service
providers in tourism sector registered with DoT shall be entitled to duty credit
scrip equivalent to 5% of free foreign exchange earned during preceding
financial year.
Stand-alone restaurants will be entitled to duty credit
equivalent to 10% of foreign exchange earned by them in preceding financial
year. |
Imports Allowed |
3.6.4.5 |
Duty Credit scrip may be used for import of any capital
goods including spares, office equipment and professional equipment, office
furniture and consumables; that are otherwise freely importable under ITC (HS).
Imports shall relate to any service sector business of applicant.
Utilization of Duty Credit scrip earned shall not be permitted for payment of
duty in case of import of vehicles, even if such vehicles are freely importable
under ITC (HS).
In case of hotels, golf resorts and stand-alone restaurants having catering
facilities, Duty Credit scrip may also be used for import of consumables
including food items and alcoholic beverages. |
Non Transferability |
3.6.4.6 |
Entitlement / goods (imported / procured) shall be
non transferable (except within group company and managed hotels) and be subject
to Actual User condition. |
|
3.6.4.7
to
3.6.4.9 |
Deleted |
Procurement from
Domestic Sources |
3.6.4.10 |
Utilization of Duty Credit Scrip shall be permitted for payment of
excise duty in terms of DoR notification issued for procurement from domestic
sources, of items permitted under Para 3.6.4.5. |
|
3.7 |
Deleted |
|
3.8 |
Vishesh Krishi And Gram Udyog Yojana
(VKGUY)
(Special Agriculture And Village
Industry Sscheme) |
Objective |
3.8.1 |
Objective of VKGUY is to promote exports of
- Agricultural Produce and their value added products;
- Minor Forest Produce and their value added variants;
for exports w.e.f 1.4.2004
- Gram Udyog Products, for exports w.e.f 01.04.2006;
and
- Forest Based Products, for exports w.e.f 01.04.2007.
Such products shall be listed in Appendix 37A of HBP v1.
|
Entitlement |
3.8.2 |
Duty
Credit scrip benefits are granted with an aim to
compensate high transport costs. Exporters, of products notified in Appendix 37A
of HBP v1, shall be entitled for Duty Credit scrip equivalent to 5% of FOB value
of exports
(realized in free foreign exchange).
However, Duty Credit scrip benefits shall be granted only at a reduced rate of
3.5% of FOB value of exports (realized in free foreign exchange) in such cases
where exporter has availed benefits under Chapter 4 of FTP for import of Inputs.
[Old - Chapter 4 of FTP for import of
Agriculture Inputs ] (these words amended by
DGFT NOTIFICATION No.
52(RE-2008)/2004-2009, dated : 30th, October 2008) (other than catalysts, consumables and packing materials)
relating to export item under this scheme.
Period of exports for which entitlement is granted is given in
Appendix 37A of HBP v1.
However, additional products notified / clarified in Appendix
37A of HBP v1 shall be entitled for Duty Credit Scrip on exports, w.e.f
1.4.2007, unless otherwise specified. |
|
3.8.2.1 |
Exports made by EOUs / BTPs who do not avail direct tax benefits /
exemption shall be eligible, provided the same is not covered under Paragraph
3.8.2.2. |
|
3.8.2.2 |
Following exports shall not be taken into account for Duty
Credit scrip entitlement.
-
- Export of imported goods covered under Para 2.35
of FTP;
- Exports through transshipment, meaning thereby
that exports originating in third country but transshipped through India;
- Deemed Exports;
- Exports made by SEZ units; and
- Items, which are restricted or prohibited for export under Schedule-2 of
Export Policy in ITC (HS).
|
|
3.8.3 to
3.8.5 |
Deleted |
|
3.8.6 |
For exports during 2007-08, all Status Holders (having status
recognition w.e.f 1.4.2007) exporting products covered under ITC HS
Chapters 1 to 24, shall be incentivized with duty credit scrip equal to
10% of FOB value of agricultural exports (including benefits entitled
under paragraph 3.8.2) provided that the total benefits for all status
holders put together does not exceed Rs 100 Cr (i.e. Rs 50 Cr for each
half year) and the conditions specified in Para 3.19.10 of HBP v1
(RE2007) are satisfied. Zonal Office CLA, New Delhi shall be the
licensing office for grant of the benefit to all status holders.
The following capital goods / equipments shall be permitted for import:
(i) Cold storage units (including Controlled Atmosphere (CA) and
Modified Atmosphere (MA) Stores); and Pre-cooling Units and Mother
Storage Units for Onions, etc.;
(ii) Pack Houses (including facilities for handling, grading, sorting
and packaging etc.); and (iii) Reefer Van / Containers.
Imported capital goods/equipment shall be utilized for storage, packing
etc. (as in (ii) above) and transportation of agricultural products
(including agro-processed perishable products). (This para is amended by
DGFT Notification No. 66(RE-2007)/2004-2009, Dated : 27-12-2007.)
This would be in addition to
prevailing
benefits in other schemes administered by Ministry of Agriculture and others for
infrastructure development for agriculture, agricultural items and
agro-processing activities like :-
- Cold storage units including Controlled Atmosphere (CA) and Modified
Atmosphere (MA) Stores, pre-cooling Units and mother storage for onions etc.
- Pack Houses (including facilities for handling, grading, sorting and
packaging etc.), and
- Reefer Van / Containers.
Assessment of applicant’s proposal would be done with respect to past export
performance and on a first come first served basis.
This additional benefit shall be subject to Actual User condition and
hence non-transferable.
(First sentence of paragraph 3.8.6 shall be substituted .
|
|
3.9 |
Focus Market Scheme (FMS) |
Objective |
3.9.1 |
Objective is to offset high freight cost and other externalities
to select international markets with a view to enhance our export
competitiveness in these countries. |
Entitlement |
3.9.2 |
Exporters of all products [Deleted- through EDI
enabled ports ] to notified countries (as in Appendix 37C of HBP v1)
shall be entitled for Duty Credit scrip equivalent to 2.5% of FOB value
of exports for each licensing year commencing from 1st April, 2006. The
words "through EDI enabled ports" has been deleted.
However additional Markets notified in Appendix 37C of HBP v1 shall be
entitled for Duty Credit scrip on exports w.e.f 1.4.2007. |
|
3.9.2.1 |
Exports made by EOUs / EHTPs / BTPs who do not avail direct tax benefits
/ exemption shall be eligible, provided the same is not covered under Paragraph
3.9.2.2. |
|
3.9.2.2 |
- Following exports shall not be taken into account for computation
of entitlement:
-
- Export of imported goods covered under Para 2.35 of
FTP;
- Exports through transshipment, meaning thereby that exports originating in
third country but transshipped through India;
- Export turnover of SEZ units or supplies made to such units or SEZ products
exported through DTA units;
- Deemed Exports;
- Service Exports;
- Diamonds and other precious, semi precious stones;
- Gold, silver, platinum and other precious metals in any form, including plain
and studded Jewellery;
- Ores and Concentrates, of all types and in all forms;
- Cereals, of all types;
- Sugar, of all types and in all forms;
- Crude / Petroleum Oil & Crude / Petroleum based Products covered under ITC HS
codes 2709 to 2715, of all types and in all forms; and
- Items, which are restricted or prohibited for export under
Schedule-2 of Export Policy in ITC (HS).
|
|
3.9.2.3 |
Deleted |
|
3.9.3 to
3.9.6 |
Deleted |
|
3.10 |
FOCUS PRODUCT SCHEME (FPS) |
Objective |
3.10.1 |
Objective is to incentivise export of such products, which have
high employment intensity in rural and semi urban areas, so as to offset
infrastructure inefficiencies and other associated costs involved in marketing
of these products. |
Entitlement |
3.10.2 |
Exports of notified products (as in Appendix 37D of
HBP v1) [Deleted- through EDI enabled ports ] to all countries shall be
entitled for Duty Credit scrip equivalent to 1.25% of FOB value of
exports for each licensing year commencing from 1st April, 2006.
However, additional products notified / clarified in Appendix 37D of HBP
v1 shall be entitled for Duty Credit scrip on exports w.e.f 1.4.2007.
The words "through EDI enabled ports" has been deleted. |
|
3.10.2.1 |
Exports made by EOUs / EHTPs / BTPs who do not avail direct tax
benefits / exemption shall be eligible, provided the same is not covered under
Paragraph 3.10.2.2. |
|
3.10.2.2 |
Following exports shall not be taken into account for computation of
entitlement.
-
- Export of imported goods covered under Para 2.35 of FTP;
- Exports through transshipment, meaning thereby that exports originating in
third country but transshipped through India;
- Export turnover of SEZ units or SEZ products
exported through DTA units; and
(The words ‘or supplies made to such units’ in the Para 3.10.2.2 (b)
of FTP, 2004-2009 (Updated as on 19.4.2007) is deleted.
- Deemed Exports.
|
|
3.10.2.3 |
Deleted |
|
3.10.3 to
3.10.6 |
Deleted |
|
3.11 |
High-Tech Products Export Promotion Scheme |
Objective |
3.11.1 |
Objective is to incentivise export of High Technology products. |
Entitlement |
3.11.2 |
Exports of High Technology products (as notified in Appendix 37E of
HBP v1) in free foreign exchange to all countries, shall be entitled for
Duty Credit Scrip equivalent to:
- 1.25 % of FOB value of exports; or
- 5% of incremental growth in FOB value (realized as per BRC
/ FIRC) of exports of notified products for current year (i.e.,
2007-08) over previous year (i.e., 2006-07) and similarly (all taken
together) for each subsequent licensing year.
Exporter may opt for either (a) or (b) above. However, applicants
with ‘nil’ exports in base year shall not be eligible.
|
|
3.11.2.1 |
Exports made by EOUs / EHTPs / BTPs who do not avail direct tax benefits
/ exemption shall be eligible, provided the same is not covered under
paragraph 3.11.4.
|
Incremental Growth In Exports |
3.11.3 |
- Incremental growth in exports (realized in free foreign exchange)
shall be calculated based on comparison of export performance of second year
(i.e. say e.g. 2007-08) over base year (i.e. say e.g. 2006-07)
|
Ceiling |
3.11.4 |
Duty Credit Scrip shall not exceed Rs 15 Cr for an exporter for
all shipments done in a licensing year put together, for which benefit is being
claimed under this scheme. |
Ineligible Exports / Categories |
3.11.5 |
Following shall not be counted for entitlement
- Export of imported goods covered under Para 2.35 of
FTP;
- Exports originating in third country but transshipped through India;
- Exports of SEZ units or SEZ products exported through
DTA units; and
- Deemed Exports.
|
|
3.12 |
Common Provisions for Schemes under this Chapter, except where specifically
provided for. |
CENVAT / Drawback |
3.12.1 |
Additional customs duty/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, except under SFIS. |
Special
Provisions |
3.12.2 |
Government reserves right in public interest, to specify export products
or services or exports to such countries, which shall not be eligible for
computation of entitlement.
Further Government reserves right to change ceiling on Duty
Credit scrip under this chapter.
Similarly, Government may also notify goods (in Appendix 37B
of HBP v1), which shall not be allowed for import under Duty
Credit scrips. |
TRA Facility |
3.12.3 |
Utilization of Duty Credit Scrip for imports from a port
other than port of registration shall be allowed under Telegraphic Release
Advice (TRA) facility as per DoR notification. |
Imports Allowed |
3.12.4 |
Duty Credit Scrip may be used for import of inputs or
goods including capital goods, provided same is freely importable under ITC
(HS). However, import of items listed in Appendix 37B of HBP v1 shall not be
permitted to be debited. |
Free
Transferability |
3.12.5 |
Duty Credit scrip and items imported against it would be freely
transferable, except under SFIS. |
Exclusivity of
Entitlement |
3.12.6 |
For a shipment, benefit under any one of schemes covered in this
Chapter can alone be claimed, at exporter’s option. |
Import under
Lease financing |
3.12.7 |
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 Para 2.25 of FTP. |
Transfer of Export Performance |
3.12.8 |
Transfer of export performance from one to another shall not be
permitted. Thus, a shipment bill containing name of applicant shall be counted
in export performance / turnover of applicant only if export proceeds from
overseas are realized in applicant’s bank account and this shall be evidenced
from BRC / FIRC.
However, for VKGUY, FMS and FPS, benefits can be claimed either by the
supporting manufacturer (along with disclaimer from the company / firm
who has realized the foreign exchange directly from overseas) or by the
company / firm who has realized the foreign exchange directly from
overseas.(This Sub-Para is added by
DGFT Notification No 43/2008, Dated 23-09-2008.) |