Duty Exemption and Remission Schemes
|
4.1 |
Duty exemption schemes enable duty free import of inputs required
for export production. Duty Exemption Schemes consist of
(a) Advance Authorisation and (b) Duty Free Import Authorisation
(DFIA). A Duty Remission Scheme enables post export replenishment / remission of
duty on inputs used in export product. Duty remission schemes consist of (a)
Duty Entitlement Passbook Scheme (DEPB) and (b) Duty Drawback (DBK) Scheme. |
Re-import of
exported goods under Duty Exemption / Remission Scheme |
4.1.1 |
Goods exported under Advance Authorisation / DFIA / DEPB may
be re-imported in same or substantially same form subject to DoR
specified conditions. |
Value Addition |
4.1.2 |
Value addition (VA) for the purpose of this Chapter (Except
for
Gems and Jewellery Sector) shall be:-
VA =A - B/B*100, where
A = FOB value of export realised / FOR value of supply
received.
B = CIF value of inputs covered by authorisation, plus any other imported
materials used on which benefit of DBK is claimed. |
ADVANCE AUTHORISATION SCHEME |
Advance
Authorisation |
4.1.3 |
An Advance Authorisation is issued to allow duty free import of
inputs, which are physically incorporated in export product
(making normal allowance for wastage). In addition, fuel, oil, energy, catalysts
which are consumed / utilised to obtain export product, may also be allowed.
DGFT, by means of Public Notice, may exclude any product(s) from purview of
Advance Authorisation.
Duty free import of mandatory spares upto 10% of CIF value of Authorisation
which are required to be exported / supplied with resultant product are allowed
under Advance Authorisation.
Advance Authorisations are issued for inputs and export items given under SION.
These can also be issued on the basis of Adhoc norms or self declared norms as
per para 4.7 of HBP v1.
Advance Authorisation can be issued either to a manufacturer exporter or
merchant exporter tied to supporting manufacturer(s) for:
- Physical exports (including exports to SEZ); and/ or
- Intermediate
supplies; and /or
- supply of goods to the categories mentioned in paragraph 8.2
(b), (c), (d), (e), (f), (g), (i) and (j) of FTP;
- supply of ‘stores’ on board of foreign going vessel / aircraft subject to
condition that there is specific SION in respect of item(s) supplied.
In addition, in respect of supply of goods to specified projects mentioned in
paragraph 8.2 (d), (e), (f), (g) and (j) of FTP, an Advance Authorisation can
also be availed by sub-contractor to such project provided name of sub
contractor(s) appears in main contract.
Such Authorisation can also be issued for supplies made to United Nations
Organisations or under Aid Programme of the United Nations or other multilateral
agencies and paid for in free foreign exchange.
|
|
4.1.4 |
Advance Authorisations are exempted from payment of basic customs duty,
additional customs duty, education cess, anti- dumping duty and safeguard duty,
if any. However, imports for supplies covered under paragraph 8.2 (h) & (i) will
not be exempted from payment of applicable anti-dumping and safeguard duty, if
any. |
|
4.1.5 |
Advance Authorisation and / or materials imported thereunder will be with
actual user condition. It will not be transferable even after completion of
export obligation. However, Authorisation holder will have option to dispose off
product manufactured out of duty free inputs once export obligation is
completed. |
|
4.1.6 |
Advance Authorisations necessitate exports with a positive value addition.
Exports to SEZ Units / supplies to Developers / Co- developers, irrespective of
currency of realization, would also cover.
For physical exports for which payments are not received in freely
convertible currency, same shall be subject to value addition as specified in
Appendix 11 of HBP v1.
In case of Authorisation for import of Tea, minimum value addition under Advance
Authorisation shall be 100%.
Similarly, in case of spices {covered by Chapter 9 of ITC(HS)}, duty free import
of spices shall be permitted only for value addition purposes like crushing /
grinding / sterlization or for manufacture
of oils and oleoresins and not for simple cleaning, grading, re- packing etc.
and minimum value addition shall be 15%. |
|
4.1.7 |
Advance Authorisation shall be issued in accordance with Policy and
procedure in force on Authorisation issue date.
Validity period of Advance Authorisation for import shall be as prescribed in
HBP v1. |
Free of Cost Supply
by Foreign Buyer |
4.1.8 |
Facility of Advance Authorisation shall also be available where
some or all inputs are supplied free of cost to exporter by foreign buyer.
In such cases, for calculation of VA, notional value of free of cost inputs
along with value of other duty-free inputs shall be taken into consideration.
However, if all inputs are supplied free of cost, exporter shall also have
option to follow provision prescribed by DoR. |
Export Obligation |
4.1.9 |
Period for fulfillment of export obligation under
Advance
Authorisation shall be as prescribed in HBP v1. |
Provision for BIFR
units |
4.1.9 A |
Any firm / company registered with BIFR or any firm / company
acquiring a unit, which is under BIFR shall be allowed Export Obligation Period
(EOP) extension as per rehabilitation package prepared subject to approval of
BIFR or 5 years if not specified, without payment of composition fee.
Above provisions apply also to SSI units as per rehabilitation scheme of
concerned State government. |
Advance
Authorisation for Annual Requirement |
4.1.10 |
Advance Authorisation can also be issued for annual requirement.
Status Certificate holder and all other categories of exporters having past
export performance (in preceding two years) shall be entitled for Advance
Authorisation for annual requirement.
Entitlement in terms of CIF value of imports shall be upto 300% of
FOB value of physical export and / or FOR value of deemed export
in preceding licensing year or Rs 1 crore, whichever is higher. |
Advance Release
Orders (ARO) and
Invalidation Letter |
4.1.11 |
Holder of Advance Authorisation, Advance Authorisation for
annual requirement, Diamond Imprest Authorisation and Duty Free Import
Authorisation intending to source inputs from indigenous sources / State Trading
Enterprises in lieu of direct import has option to source them either against
Advance Release Order (ARO)
or Invalidation letter denominated in free foreign exchange / Indian rupees.
However, supplies may be obtained against Authorisation from EOU / EHTP / BTP /
STP / SEZ units, without conversion into ARO or Invalidation letter.
Transferee of DFIA shall also be eligible for ARO / invalidation letter
facility.
Validity period of ARO shall be as prescribed in HBP v1. |
Back-to-Back
Inland Letter of
Credit |
4.1.12 |
Holder of Advance Authorisation, Advance Authorisation for
annual requirement, DFIA and Diamond Imprest Authorisation may, instead of
applying for an ARO or Invalidation letter, avail of the facility of
back-to-back Inland Letter of Credit in accordance with procedure specified in
HBP v1. |
Prohibited Items |
4.1.13 |
Prohibited items of imports mentioned in ITC(HS) shall
not be
imported under Advance Authorisation / DFIA. Further items reserved for imports
by STEs cannot be imported against Advance Authorisation / DFIA. However those
items can be procured from STEs against ARO or Invalidation letter.
STEs are also allowed to sell goods on High Sea Sale basis to holders of Advance
Authorisation / DFIA holder.
In addition, STEs are permitted to issue “No Objection Certificate
(NOC)” for import by advance Authorisation / DFIA holder. Authorisation Holder
would be required to file Quarterly Returns
of imports effected against such NOC to concerned STE and STE would submit
half-yearly import figures of such imports to concerned administrative
Department for monitoring with a copy endorsed to DGFT.
Similarly prohibited items of exports mentioned in ITC(HS) shall not be exported
under Advance Authorisation / DFIA scheme. Export of restricted items shall be
subject to all conditionalities or requirements of export Authorisation or
permission, as may be required, under Schedule II of ITC (HS). |
Admissibility of
Drawback |
4.1.14 |
In case of an Advance Authorisation, drawback shall be available for any
duty paid material, whether imported or indigenous, used in goods exported, as
per drawback rate fixed by DoR, Ministry of Finance (Directorate of Drawback).
Drawback allowed shall be mentioned in Authorisation. |
DUTY FREE REPLENISHMENT CERTIFICATE |
|
4.2 |
Deleted. |
|
4.2.1
to
4.2.8 |
Deleted. |
|
4.2.9 |
Scheme has been withdrawn for exports with effect from 1.5.2006.
Exports made till 30.4.2006 shall be governed by chapter 4 of FTP
(as amended upto 31.3.2007). |
DUTY ENTITLEMENT PASSBOOK (DEPB) SCHEME |
Duty Entitlement
Passbook Scheme
(DEPB) |
4.3 |
Objective of DEPB is to neutralise incidence of customs duty on
import content of export product. Component of Special Additional
Duty and customs duty on fuel shall also be allowed under DEPB
(as a brand rate) in case of non-availment of CENVAT credit. Neutralisation
shall be provided by way of grant of duty credit against export product. |
|
4.3.1 |
An exporter may apply for credit, at specified percentage of FOB value of
exports, made in freely convertible currency or payment made from foreign
currency account of SEZ unit / SEZ Developer
in case of supply by DTA.
Credit shall be available against such export products and at such rates as may
be specified by DGFT by way of public notice. Credit may be utilized for payment
of Customs Duty on freely importable items. |
|
4.3.2 |
DEPB holder shall have option to pay additional customs duty in cash as
well. |
Validity |
4.3.3 |
Validity period of DEPB for import shall be as prescribed in
HBP
v1. |
Transferability |
4.3.4 |
DEPB and / or items imported against it are freely
transferable. Transfer of DEPB shall however be for import at specified port,
which shall be the port from where exports have been made.
Imports from a port other than the port of export shall be allowed under TRA
facility as per terms and conditions of DoR
notification. |
Applicability of
Drawback |
4.3.5 |
Additional customs duty / Excise Duty and Special Additional
Duty paid in cash or through debit under DEPB may also be adjusted as CENVAT
Credit or Duty Drawback as per DoR rules. |
DUTY FREE IMPORT AUTHORISATION (DFIA) SCHEME |
Scheme |
4.4.1 |
DFIA is issued to allow duty free import of inputs, fuel, oil,
energy sources, catalyst which are required for production of export product.
DGFT, by means of Public Notice, may exclude any product(s) from purview of
DFIA. This scheme is in force from 1st May, 2006. |
Entitlement |
4.4.2 |
Provisions of paragraph 4.1.3 shall be applicable in case of
DFIA. However, these Authorisations shall be issued only for products for which
Standard Input and Output Norms (SION) have been notified.
In case of post export DFIA, a merchant exporter shall be required
to mention only name (s) and address(s) of manufacturer(s) of the export
product(s). Applicant is required to file application to concerned RA before
affecting exports under DFIA.
Pre- export Authorisation shall be issued with actual user condition and
shall be exempted from payment of basic customs duty, additional customs
duty / Excise duty, education cess, anti-dumping duty and safeguard
duty, if any.
(In this Para 4.4.2, the 3rd sub-para has been replaced by
DGFT NOTIFICATION No. : 19/2007 Dated 30.07.2007.)
[Old -
Pre-export Authorisation shall be issued with actual user condition and shall be
exempted from payment of basic custom duty, additional customs duty, education
cess, anti-dumping duty and safeguard duty, if any.] |
Import items |
4.4.3 |
Provisions of paragraphs 4.1.11, 4.1.12, 4.1.13 and 4.1.14 of
FTP
shall be applicable for DFIA holder. |
Value Addition |
4.4.4 |
A minimum 20% value addition shall be required for issuance
of such authorisation except for items in gems and jewellery sector for which
value addition would be as per paragraph 4A.2.1 of HBP v1. Items for which
higher value addition is prescribed under Advance Authorisation Scheme shall be
applicable. |
Export Obligation |
4.4.5 |
Procedure and time period related to fulfillment of Export
Obligation have been laid down in Chapter 4 of HBP v1. |
Transferability |
4.4.6 |
Once export obligation has been fulfilled, request for
transferability
of Authorisation or inputs imported against it may be made before concerned RA.
Once, transferability is endorsed, Authorisation holder may transfer DFIA or
duty free inputs, except fuel and any other item(s) notified by DGFT. However,
for fuel, import entitlement may be transferred only to companies which have
been granted authorisation to market fuel by Ministry of Petroleum and Natural
Gas.
Once transferability is endorsed, imports / domestic procurement against
authorisation or transfer of imported inputs / domestically procured
inputs shall be subject to payment of applicable additional customs duty
/ excise duty. While endorsing transferability, authorisation would bear
a note as to liability of such additional customs duty / excise duty.
However, in case where CENVAT facility has not been availed, exemption
from additional customs duty / excise duty would be available even after
endorsement of transferability on DFIA. (This paragraph is mended by
DGFT Notification No.:51/2007 Dated 14-11-2007)
[Old-Once transferability is endorsed, imports against authorisation or transfer of
imported inputs shall be subject to payment of applicable additional customs
duty / excise duty. While endorsing transferability, authorisation would bear a
note as to liability of such additional customs duty / excise duty. Such
additional customs duty / excise duty would be reimbursed to exporter as
drawback. In case of local sales by excisable unit, CENVAT credit would equal
excise duty already paid.]
Wherever SIONs prescribe actual user condition and in case of Acetic Anhydride,
Ephedrine and Pseudo Ephedrine, DFIA shall be issued with actual user condition
for these inputs and no transferability shall be allowed for these inputs even
after fulfillment of export obligation. |
CENVAT Facility |
4.4.7 |
CENVAT credit facility shall be available for inputs
either imported or procured indigenously. |
|
4.4.8 |
Deleted. |
GEMS AND JEWELLERY |
Scheme for Gems
and Jewellery |
4A |
Exporters of gems and Jewellery can import / procure duty free
inputs for manufacturing. |
Replenishment
Authorisation
|
4A.1 |
Exporters may obtain Replenishment (REP) Authorisations from
RA in accordance with procedure specified in HBP v1.
|
|
4A.1.1 |
Replenishment authorisation may also be for consumables as per paragraph
4A.28 of HBP v1. |
Export of Cut & Polished Diamonds for Certification / Grading |
4A.2 |
Following are authorized laboratories for certification / grading of
diamonds of 0.25 carat and above:
(i) Indian Diamond Institute, Surat, Gujarat;
(ii) Gemological Institute of America (GIA), USA;
(iii) The Robert Mouawad Campus, International Gemological
Institute (IGI) USA;
(iv) European Gemological Laboratory (EGL), USA;
(v) Hoge Road Voor Diamond, Antwerp, (HRD);
(vi) World Diamond Centre of Diamonds High Council, Antwerp, Belgium;
(vii) Central Gem Laboratory, Miyagi Building, 5-15-14 Ueno
Taito-Ku, Tokyo, Japan;
(viii) American Gem Society Laboratories (AGS Laboratories),
8917 West Sahara Avenue, Las Vegas, Nevada 89117;
(ix) Diamond Trading Company, Maidenhead, U.K; and
(x) International Diamond Laboratories DMCC, Dubai. |
|
4A.2.1 |
An exporter (with turnover of Rs 5 crores annual export for last three
years) may export cut & polished diamonds (each of 0.25 carat or more) abroad to
any of above agencies / laboratories with
re-import facility at zero duty within 3 months as per DoR
guidelines. |
Schemes for Gold /
Silver / Platinum
Jewellery |
4A.3 |
Exporters of gold / silver / platinum jewellery and articles thereof
may import their essential inputs such as gold, silver, platinum, mountings,
findings, rough gems, precious and semi-precious stones, synthetic stones and
unprocessed pearls etc. in accordance with the procedure specified in this
behalf. |
Nominated
Agencies |
4A.4 |
Nominated agencies are MMTC Ltd, Handicraft and Handloom Export
Corporation (HHEC), State Trading Corporation (STC), the Project and
Equipment Corporation of India Ltd (PEC), Premier Trading House under
Paragraph 3.5.2 of FTP and any other agency authorised by RBI. Exporters
(except EOU / units in SEZ) may obtain gold / silver / platinum from
nominated agency(s).
A bank authorised by RBI is allowed export of gold scrap for refining
and import standard gold bars as per RBI guidelines. |
Items of Export |
4A.5 |
Following items, if exported, would be eligible for
facilities:
- Gold jewellery, including partly processed jewellery and articles including
medallions and coins(excluding legal tender coins), whether plain or studded,
containing gold of
8 carats and above;
- Silver jewellery including partly processed jewellery, silverware, silver
strips and articles including medallions
and coins (excluding legal tender coins and any engineering goods) containing
more than 50% silver by weight;
- Platinum jewellery including partly processed jewellery and articles
including medallions and coins (excluding legal tender coins and any engineering
goods) containing more than 50% platinum by weight.
|
Value Addition |
4A.6 |
Value Addition (VA) for gems and jewellery sector shall be
as per paragraph 4A.2.1 of HBP v1. It would be calculated as under:
VA =
A – B/B*100, where
A = FOB value of the export realised / FOR value of supply received.
B = Value of inputs ( including domestically procured ) such as gold / silver /
platinum content in export product plus admissible wastage along with value of
other items such as gemstone etc. Wherever gold has been obtained on loan basis,
value shall also include interest paid in free foreign exchange to foreign
supplier. |
Wastage Norms |
4A.7 |
Wastage or manufacturing loss for gold / silver / platinum jewellery shall be admissible as per paragraph 4A.2 of HBP v1. |
Export against
Supply
by Foreign Buyer |
4A.8 |
Where export orders are placed on nominated agencies / status
holder / exporters of three years standing having an annual average turnover of
Rs. Five Crores during preceding three licensing years, foreign buyer may supply
in advance and free of charge, gold / silver / platinum, alloys, findings and
mountings of gold / silver / platinum for manufacture and export.
Such supplies can also be in advance and may involve semi- finished jewellery
including findings / mountings / components for repairs / re-make and export
subject to minimum value addition of
10%. However, if so imported semi finished gold / silver /platinum jewellery is
exported as studded jewellery, value addition of 15% shall be achieved. In such
cases of export, wastage of 2% may be permitted.
Exports may be made by nominated agencies directly or through their associates
or by status holder / exporter. Import and Export of findings shall be on net to
net basis. |
Export Against Supply by Nominated Agencies |
4A.9 |
Exporter may obtain gold / silver / platinum as an input for export
products from nominated agencies in advance or as replenishment after exports in
accordance with specified procedure. |
Export Against
Advance
Authorisation |
4A.10 |
An Advance Authorisation may be granted for duty free import of:
- Gold of fineness not less than 0.995 and mountings, sockets, frames and
findings of 8 carats and above;
- Silver of fineness not less than 0.995 and mountings, sockets, frames and
findings containing more than 50% silver by weight;
- Platinum of fineness not less than 0.900 and mountings, sockets, frames and
findings containing more than 50% platinum by weight.
|
|
4A.11 |
Such authorisations shall carry an export obligation to be fulfilled
as per procedure specified in paragraph 4A of HBP v1.
Advance Authorisation holder may obtain gold / silver / platinum from nominated
agencies in lieu of direct import. |
Gem
Replenishment
Authorisation |
4A.12 |
Gem Replenishment (Gem & Jewellery REP) Authorisation may
be issued as given in paragraphs 4A.8, 4A.9 and 4A.10 above.
In case of plain or studded gold / silver / platinum jewellery and articles,
value of such Authorisations shall be determined with reference to realisation
in excess of prescribed minimum VA.
Such Gem REP Authorisations shall be freely transferable. |
Gem REP Rate and
Item |
4A.13 |
Replenishment Rate and item of import will be as prescribed in
Appendix 12B of HBP v1. |
Diamond Imprest
Authorisation |
4A.14 |
Diamond Imprest Authorisation for import of cut and polished
diamonds including semi processed diamonds, half cut diamonds, broken in any
form, for mixing with cut and polished diamonds or for export as it is, may be
issued for export of cut and polished diamonds and shall carry an EO. |
Eligibility |
4A.14.1 |
An exporter of cut & polished diamonds who is status holder
may
be issued an Authorisation for import of cut & polished diamonds upto 5% of
preceding year’s export performance of cut & polished diamonds. |
Export Obligation
(EO) |
4A.14.2 |
EO will be governed by provisions of paragraph 4A of chapter 4 of
HBP v1.
|
Export Promotion Tours / Export of Branded Jewellery |
4A.15 |
Nominated agencies and their associates, with approval of DoC, and others,
with approval of Gem & Jewellery EPC (GJEPC), may export gold / silver /
platinum jewellery and articles thereof for exhibitions abroad.
Personal carriage of gold / silver / platinum jewellery, precious, semi-precious
stones, beads and articles and export of branded jewellery is also permitted,
subject to conditions as in HBP v1. |
Personal Carriage
of Export / Import
Parcels |
4A.16 |
Personal carriage of gems and jewellery export parcels by foreign
bound passengers and import parcels by an Indian importer /
foreign national may be permitted as in HBP v1. |
Export by Post |
4A.17 |
In case of exports through Foreign Post Office (including
via
Speed Post), value of jewellery parcels shall not exceed US$50000
and 20 kg. by weight. |
Private / Public
Bonded Warehouse |
4A.18 |
Private / Public Bonded Warehouses may be set up in SEZ / DTA
for import and re-export of cut & Polished diamonds, cut & polished coloured
gemstones, uncut & unset precious & semi- precious stones, subject to
achievement of minimum VA of 5%. |
Diamond &
Jewellery Dollar
Accounts |
4A.19 |
Firms and companies dealing in purchase / sale of rough or cut and
polished diamonds / precious metal jewellery plain, minakari and /
or studded with / without diamond and / or other stones with a track record of
at least 3 years in import or export of diamonds / coloured gemstones / diamond
and coloured gemstones studded jewellery / plain gold jewellery and having an
average annual turnover of Rs. 5 crore or above during preceding three licensing
years may also carry out their business through designated Diamond Dollar
Accounts (DDA).
Dollars in such accounts available from bank finance and / or export proceeds
shall be used only for
- Import / purchase of rough diamonds from overseas / local sources;
- Purchase of cut and polished diamonds, coloured gemstones and plain gold
jewellery from local sources;
- Import / purchase of gold from overseas / nominated agencies and repayment
of dollar loans from the bank; and
- Transfer to Rupee Account of exporter. Details of this
DDA Scheme are given in HBP v1.
A non DDA holder is also permitted to supply cut and polished diamonds to DDA
holder, receive payment in dollars and convert same into Rupees within 7 days.
Cut and polished diamonds and coloured gemstones so supplied by non-DDA holder
will also be counted towards discharge of his export obligation and / or entitle him to
replenishment Authorisation.
|
Export of cut &
Polished precious and semi-precious stones for treatment and re- import |
4A.20.1 |
- Gems and Jewellery exporters shall be allowed to export cut and
polished precious and semi-precious stones for the treatment and
re-import as per customs rules and regulations. In case of
re-export, the exporter shall be entitled for duty drawback as per
rules. (This Para 4A.20.1 has been amended by
DGFT NOTIFICATION No.:19/2007 Dated:30-07-2007.)
[Old -
- Gems & Jewellery exporters shall be allowed to export cut and
polished precious and semi-precious stones for treatment and
re-import without payment of Customs duty as per customs rules and regulations
and subject to condition that exporter shall declare at the time of shipment:
- nature of treatment on cut and polished precious and semi-precious stones ;
and
- likely change of such stones after treatment.
- Re-importation would be allowed from the same port from where stones were
exported for treatment. On re-importation, customs authority shall cross verify
the details with the export documents. A maximum time period of 120 days shall
be allowed for re-import.
However in case treated precious stones or semi-precious stones are meant for
domestic consumption, re-imported consignment shall be allowed by Customs on
payment of duty on fair cost of repairs carried out including cost of materials
used in repairs, insurance and freight charges, both ways.
- Imported items shall be re-exported. ]
|
Import of precious
metal scrap / used jewellery for melting and re- export of jewellery. |
4A.21 |
Import of precious metal scrap / used jewellery shall be allowed for
melting, refining and re-export of jewellery as per the procedure laid down in
HBP v1. However, such import shall not be allowed through hand baggage. |
Re-import of
rejected jewellery |
4A.22 |
Gems & Jewellery exporters shall be allowed to re-import rejected
precious metal jewellery as per para 4A.32 and 4A.32.1 of HBP
v1. |
Export of Diamond and Jewellery on consignment basis
|
4A.23 |
Gems & Jewellery exporters shall be allowed to export diamond &
jewellery on consignment basis as per HBP v1 and Customs rules and regulations. |