Assistance to States
for Developing Export
Infrastructure and
Allied Activities (ASIDE) |
3.1 |
Scheme for Assistance to States for Developing Export Infrastructure
and Allied Activities (ASIDE) is formulated to involve the States in the
export effort by providing assistance to the States Governments for
creating appropriate infrastructure for the development and growth
of exports. The Scheme is administered by Department of Commerce (DoC).
The objective of scheme is to establish a mechanism for involving the
State Governments to participate in funding of infrastructure critical
for growth of exports by providing export performance linked financial
assistance to them. The activities aimed at development of
infrastructure for exports can be funded from the scheme provided such
activities have overwhelming export content and their linkage with
exports is full established. The specific
purposes for which funds allocated under the Scheme can be sanctioned
and utilized are as follows:
Creation of new Export Promotion Industrial Parks/ Zones (SEZs/Agri
Business Zones) and augmenting facilities in the existing ones. Setting up of electronics and other related
infrastructure in export conclave. Equity participation in infrastructure projects
including the setting up of SEZs.Meeting requirements of capital outlay of EPIPs/
EPZs/SEZs. Development of complementary infrastructure such
as, roads connecting the production centres with the
ports, setting up of Inland Container Depots and
Container Freight Stations. Stabilizing power supply through additional
transformers and islanding of export production
centre etc. Development of minor ports and jetties to serve
export purpose. Assistance for setting up Common Effluent Treatment
facilities and
Any other activity as may be notified by DoC.
Details of ASIDE Scheme are available at:
http://www.commerce.nic.in or http://www.commerce.gov.in. |
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| Market Access Initiative (MAI) |
3.2 |
Under MAI scheme, Financial assistance is provided for export
promotion activities on focus country, focus product basis. Financial
assistance is available for Export Promotion Councils (EPCs), Industry
and Trade Associations (ITAs), Agencies of State Government, Indian
Commercial Missions (ICMs) abroad and other national level
institutions/eligible entities as may be notified.
A whole range of activities can be funded under MAI scheme. These include,
amongst others,
-
Market studies/surveys,
-
Setting up of showroom / warehouse,
-
Participation in international trade fairs,
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Displays in International departmental stores,
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Publicity campaigns,
-
Brand promotion,
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Reimbursement of registration charges for
pharmaceuticals and expenses for carrying out clinical trials etc.,
in fulfillment of statutory requirements in the buyer country,
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Testing charges for engineering products
abroad,
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Assistance for contesting Anti Dumping
litigations etc.
Each of these export promotion activities can receive financial
assistance from Government ranging from 25% to 1 00% of total cost
depending upon activity and implementing agency. Full text of guidelines
is available at http://commerce.nic.in.
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| Marketing Development Assistance (MDA) |
3.3 |
Under MDA Scheme, financial assistance is provided for a range of
export promotion activities implemented by EPCs and Trade Promotion
Organizations on the basis of approved annual action plans. 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 promotions seminars.
iii. Financial assistance with travel grant is available to exporters
traveling to focus areas, viz., 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 exports having an annual export turnover
as prescribed in MDA guidelines. Full text of guidelines is available at
http://commerce.nic.in.
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Meeting expenses for
statutory compliances in
buyer country for Trade
Related Matters |
3.4 |
DOC provides for reimbursement of charges/expenses for fulfilling
statutory requirements in the buyer country, including registration
charges for product registration for pharmaceuticals, bio-technology and
agro-chemicals products on recommendation of EPCs. Financial assistance
is also provided for contesting litigation(s) in the foreign country
concerning restrictions/anti dumping duties etc. on particular
product(s) of Indian origin, as provided under the Market Access
Initiative (MAI) Scheme of DOC. |
Towns of Export
Excellence (TEE) |
3.5 |
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. 750 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 150 Crores.
(i) Recognized associations of units will be provided financial
assistance under MAI scheme, on priority basis, for export promotion
projects for marketing, capacity building and technological services.
(ii) Common Service Providers in these areas shall be entitled for EPCG
scheme.
(iii) The projects received from TEEs shall be accorded priority by
SLEPC for financial assistance under ASIDE.
Notified Towns (TEEs) are listed in Appendix 7 of HBPv1. |
| Brand Promotion and Quality |
3.6 |
IBEF (originally called India Brand Equity Fund and later renamed as
India Brand Equity Foundation) was set up by the Ministry of Commerce on
11 th July, 1 996, with the primary objective to promote and create
international awareness of the “Made in India” label in markets
overseas. IBEF aims to promote India as a business opportunity by
creating positive economic perceptions of India globally as well as
effectively present the India business perspective and leverage business
partnerships in a globalised market-place.
DOC provides funds for capacity building for up-gradation of quality to
national level Institutions and EPCs to organize training programmes for
the skill improvement of the exporters for quality up-gradation,
reduction in rejection, product improvement etc. as provided under
the Market Access Initiative (MAI) Scheme of DOC. |
| Test Houses |
3.7 |
Central Government will assist in modernization and upgradation of
test houses and laboratories to bring them at par with international
standards. |
| |
Promotional Measures in DGFT |
| Quality Complaints / Disputes |
3.8 |
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 HBPv1. |
| Trade Disputes Affecting Trade
Relations |
3.9 |
If it comes to DGFT’s 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. |
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3.10 |
Export and Trading Houses |
Eligibility for Export
and Trading Houses
Status |
3.10.1 |
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 |
3.10.2 |
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). |
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| Status Category |
Export Performance
FOB/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) |
7500 |
|
Double Weightage and
other Conditions for
Grant of Status |
3.10.3 |
(i) 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 14 000 (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.
(ii) Transfer of export performance from one to another is not permitted.
Therefore disclaimer system shall not be allowed for counting of export
turnover.
(iii) Exports made on re-export basis shall not be counted for recognition.
(iv) 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. |
|
Privileges of Export and
Trading House Status
Holders |
3.10.4 |
A Status Holder shall be eligible for privileges as under:
(i) Authorization and Customs Clearances for both imports and exports on
self-declaration basis;
(ii) Fixation of Input-Output norms on priority within 60 days;
(iii) Exemption from compulsory negotiation of documents through banks.
Remittance / Receipts, however, would be received through banking channels;
(iv) 100% retention of foreign exchange in EEFC account;
(v) Exemption from furnishing of BG in Schemes under FTP;
(vi) SEHs and above shall be permitted to establish Export Warehouses, as
per DoR guidelines.
(vii) For status holders, a decision on conferring of ACP Status shall be
communicated by Customs within 3 0 days from receipt of application with
Customs.
(viii)As an option, for Premier Trading House (PTH), the average level of
exports under EPCG Scheme shall be the arithmetic mean of export performance
in last 5 years, instead of 3 years.
(ix) Status Holders of specified sectors shall be eligible for Status Holder
Incentive Scrip under Para 3 .16 of FTP.
(x) Status Holders of Agri. Sector (Chapter 1 to 24 ) shall be eligible for
Agri. Infrastructure Incentive Scrip under VKGUY - Para 3.13.4 of FTP. |
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3.11 |
Service Exports |
|
Services Exports |
3.11.1 |
Services include all 1 61 tradable services covered under General
Agreement on Trade in Services (GATS) where payment for such services is
received in free foreign exchange. A list of services is given in Appendix 1
0 of
HBPv1.
All provisions of this Policy shall apply mutatis mutandis to export of
services as they apply to goods. |
Registration cum
Membership Certificate
(RCMC) for Service
Providers |
3.11.2 |
Software exporters shall register themselves with Electronics and
Software EPC. Exporters of 15 specific
services listed in Sl. No. 34 of Appendix 2 of HBPv1 are required to
register themselves with Services EPC.
Other service exporters shall register themselves with Federation of Indian
Export Organisations (FIEO). |
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Common Facility Centres |
3.11.3 |
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. |
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REWARD / INCENTIVE SCHEMES IN DGFT |
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3.12 |
SERVED FROM INDIA SCHEME (SFIS) |
|
Objective
|
3.12.1 |
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. |
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Eligibility
|
3.12.2 |
All Indian Service Providers, of services listed in Appendix 1 0 of
HBPv1, who have free foreign exchange
earning of at least Rs. 10 Lakhs in preceding financial year / current
financial year shall qualify for Duty Credit
Scrip.
For Individual Indian Service Providers, minimum free foreign exchange
earnings would be Rs 5 Lakhs. |
Ineligible Services and
Service Providers |
3.12.3 |
Services and Service Providers as listed in Para 3 .6.1 of HBPv1 shall
not be entitled for benefits under the SFIS
scheme. |
|
Entitlement |
3.12.4 |
All Service Providers shall be entitled to Duty Credit Scrip equivalent
to 1 0% of free foreign exchange earned
during current financial year. |
|
Eligible
Remittances |
3.12.5 |
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 computation of
Duty Credit Scrip. |
|
Imports Allowed |
3.12.6 |
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 and / or restricted 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, clubs having residential facility of minimum 3 0 rooms,
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. |
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Non Transferability
|
3.12.7 |
Entitlement / goods (imported / procured) shall be non transferable
(except within group company and managed
hotels) and be subject to Actual User condition. |
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Procurement from Domestic Sources |
3.12.8 |
Utilization of Duty Credit Scrip shall be permitted for payment of
excise duty in terms of DoR notification issued
in this behalf for procurement from domestic sources, of items permitted for
imports under SFIS Duty Credit
Scrip. |
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3.13 |
Vishesh Krishi And Gram Udyog Yojana (Vkguy)
(Special Agriculture And Village Industry Scheme) |
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Objective
|
3.13.1 |
Objective of VKGUY is to promote exports of :
(i) Agricultural Produce and their value added products;
(ii) Minor Forest Produce and their value added variants;
(iii) Gram Udyog Products;
(iv) Forest Based Products; and
(v) Other Products, as notified from time to time. Such products shall be
listed in Appendix 3 7A of HBPv1. |
| Entitlement |
3.13.2 |
Duty Credit Scrip benefits are granted with an aim to compensate high
transport costs, and to offset other
disadvantages.
Exporters, of products notified in Appendix 37A of HBPv1, shall be entitled
for Duty Credit Scrip equivalent to 5 % of FOB value of exports (in free
foreign exchange) for exports made from 27.8.2009 onwards, unless a
specific date of export / period is specified by public
notice/notification.(This amendments made by
DGFT NOTIFICATION No.25/2009-14, Dated : 15-01-2010).
However, for exports made w.e.f 2 7.8.2009, some Flowers, Fruits, Vegetables
and other products, as listed in Table 2 of Appendix 3 7A shall be entitled
to an additional duty credit scrip equivalent to 2 % of FOB value of
exports; over and above the 5 % or 3 % VKGUY reduced rate entitlement
available as per Para 3.13.3 below. |
Applicability of
Reduced Rate |
3.13.3 |
Duty Credit Scrip benefits under VKGUY scheme shall be granted only at a
reduced rate of 3 % of FOB value
of exports in such cases where exporter has also availed benefits of:
(i) Drawback at rates higher than 1%; and/or
(ii) Specific DEPB rate (i.e. other than Miscellaneous Category – Sr. Nos. 2
C & 2 D of Product Group 90); and/or
(iii) Advance Authorization or Duty Free Import Authorization Import of
inputs (other than catalysts,
consumables and packing materials) for the exported product for which Duty
Credit Scrip under VKGUY
is being claimed. |
Agri. Infrastructure
Incentive Scrip |
3.13.4 |
For exports made during a particular year, all Status Holders (having
status recognition for the current year)
exporting products covered under ITC HS Chapters 1 to 24 , shall be
incentivized with duty credit scrip equal
to 1 0% of FOB value of agricultural exports (including VKGUY benefits
entitled under Policy Para 3.13.2)
provided that the total benefits for all status holders put together does
not exceed Rs 1 00 Cr (i.e. Rs 5 0 Cr for each half year) and the conditions
specified in Para 3.7.2 of HBPv1 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); Precooling Units and Mother Storage Units for
Onions, etc.;
(ii) Pack Houses (including facilities for handling, grading, sorting and
packaging etc.);
(iii) Reefer Van / Containers; and
(iv) Other Capital Goods / Equipments as may be notified in Appendix 37F.
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 additional benefit shall be subject to actual user condition and hence
non-transferable.
However, for import of Cold Chain Equipment this Incentive Scrip shall be
freely transferable amongst Status Holder. |
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3.14 |
Focus Market Scheme (FMS) |
| Objective |
3.14.1 |
Objective is to offset high freight cost and other externalities to
select international markets with a view to enhance India’s export
competitiveness in these countries. |
| Entitlement |
3.14.2 |
Exporters of all products to notified countries (as in Appendix 3 7C of
HBPv1) shall be entitled for Duty
Credit Scrip equivalent to 3 % of FOB value of exports (in free foreign
exchange) for exports made from 2 7.8.2009
onwards, unless a specific date of export / period is specified by
public notice/notification. (This amendments made by
DGFT NOTIFICATION No.25/2009-14, Dated : 15-01-2010). |
|
Ineligible Exports
Categories / Sectors for FMS |
3.14.3 |
The following categories of export products / sectors shall be
ineligible for Duty Credit Scrip, under FMS scheme:
a) Supplies made to SEZ units;
b) Service Exports;
c) Diamonds and other precious, semi precious stones;
d) Gold, silver, platinum and other precious metals in any form, including
plain and studded Jewellery;
e) Ores and Concentrates, of all types and in all forms;
f) Cereals, of all types;
g) Sugar, of all types and in all forms;
h) Crude / Petroleum Oil & Crude / Petroleum based Products covered under
ITC HS codes 2 709 to 2 715,
of all types and in all forms; and
i) Export of Milk and Milk Products covered under ITC HS Codes 0401 to 0406,
1 9011 001, 1 9011 010,
2105 & 3501. |
|
3.15 |
Focus Product Scheme(FPS) |
| Objective |
3.15.1 |
Objective is to incentivise export of such products which have high
export intensity / employment potential, so as
to offset infrastructure inefficiencies and other associated costs involved
in marketing of these products. |
| Entitlement |
3.15.2 |
Exports of notified products (as in Appendix 37D of HBPv1) to all
countries (including SEZ units) shall be
entitled for Duty Credit scrip equivalent to 2 % of FOB value of exports (in
free foreign exchange) for exports
made from 27.8.2009 onwards, unless a specific date of export /
period is specified by public notice/notification. (This amendments made by
DGFT NOTIFICATION No.25/2009-14, Dated : 15-01-2010).
However, Special Focus Product(s) /sector(s), covered under Table 2 and
Table 5 of Appendix 3 7D, shall be
granted Duty Credit Scrip equivalent to 5 % of FOB value of exports (in free
foreign exchange) for exports made
from 27.8.2009 onwards, unless a specific date of export / period is
specified by public notice/notification. |
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3.15.3 |
Market Linked Focus Products Scrip (MLFPS): |
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|
Export of Products/Sectors of high export
intensity/ employment potential (which are not covered under
present FPS List) would be incentivized at 2 % of FOB value of exports (in
free foreign exchange) under FPS
when exported to the Linked Markets (countries), which are not covered in
the present FMS list, as notified
in Appendix 3 7D of HBPv1, for exports made from 27.8.2009 onwards,
unless a specific date of export / period is specified by public
notice/notification. (This amendments made by
DGFT NOTIFICATION No.25/2009-14, Dated : 15-01-2010). |
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3.16 |
Status Holders Incentive Scrip |
|
3.16.1 |
With an objective to promote investment in upgradation of technology of
some specified sectors as listed in Para
3.16.4 below, Status Holders shall be entitled to incentive scrip @1% of FOB
value of exports made during 2 009-
10 and during 2010-11, of these specified sectors, in the form of duty
credit. This shall be over and above any duty
credit scrip claimed/availed under this chapter. |
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3.16.2 |
Status Holders availing Technology Upgradation Fund Scheme (TUFS)
benefits (under Ministry of Textiles)
during a particular year shall not be eligible for Status Holders Incentive
Scrip for exports of that year. |
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3.16.3 |
The Status Holders Incentive Scrip shall be with Actual User Condition
and shall be used for imports of capital
goods (as defined in FTP) relating to the sectors specified in Para 3.16.4
below. |
| |
3.16.4 |
The Status Holders of the following Sectors shall be eligible for this
Status Holders Incentive Scrip:
1. Leather Sector (excluding finished leather);
2. Textiles and Jute Sector;
3. Handicrafts;
4. Engineering Sector (excluding Iron & Steel, Nonferrous Metals in primary
or intermediate forms, Automobiles & two wheelers, nuclear reactors & parts
and Ships, Boats and Floating Structures;
5. Plastics; and
6. Basic Chemicals (excluding Pharma Products). |
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3.17 |
Common Provisions of Duty Credit Scrips, except where
specifically provided for Special Provisions |
| Objective |
3.17.1 |
Government reserves the 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 the right to impose / change the rate / ceiling
on Duty Credit Scrip under this chapter.
Similarly, Government may also notify goods (in Appendix 3 7B of HBPv1),
which shall not be allowed for
import under Duty Credit Scrips. |
Ineligible Exports
Categories /Sectors |
3.17.2 |
For VKGUY, FMS, FPS (including MLFPS) and Status Holders Incentive
Scrip, the following exports categories
/sectors shall be ineligible for Duty Credit Scrip entitlement:
(i) EOUs / EHTPs / BTPs who are availing direct tax benefits / exemption;
(ii) Export of imported goods covered under Para 2 .35 of FTP;
(iii) Exports through transshipment, meaning thereby that exports
originating in third country but transshipped through India;
(iv) Deemed Exports;
(v) Exports made by SEZ units or SEZ products exported through DTA units;
and
(vi) Items, which are restricted or prohibited for export under Schedule-2
of Export Policy in ITC (HS). |
Counting of Commission
in FOB value of Exports
(in free foreign exchange) |
3.17.3 |
For computation of Duty Credit Scrip Benefits, FOB Value of Exports (in
free foreign exchange) shall include
up to 12.5% Foreign Agency Commission. |
| Free Transferability |
3.17.4 |
Duty Credit Scrip and items imported against it would be freely
transferable.
However, Duty Credit Scrip under SFIS (Para 3 .12) and under Status Holders
Incentive Scrip (Para 3 .16) shall not
be freely transferable. |
| Imports Allowed |
3.17.5 |
Duty Credit Scrip may be used for import of inputs or goods including
capital goods, provided same is freely
importable and / or restricted under ITC (HS). However, import of items
listed in Appendix 3 7B of HBPv1 shall
not be permitted to be debited.
Duty Credit Scrips under Chapter 3 of FTP can also be utilized for payment
of duty against imports under EPCG scheme provided the item is importable
against the scrip.
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| CENVAT/ Drawback |
3.17.6 |
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. |
| TRA Facility |
3.17.7 |
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. |
| Exclusivity of Entitlement |
3.17.8 |
For a shipment, Duty Credit Scrip benefit under any one of the schemes
covered in this Chapter can alone be
claimed, at exporter’s option. |
Import under Lease
financing |
3.17.9 |
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 |
3.17.10 |
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 (including MLFPS), 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.
|
| Facility of Payment of Customs Duties in
case of EO defaults |
3.17.11 |
Duty Credit Scrips can also be used / debited towards payment of Customs
Duties in case of EO defaults under Authorizations issued under Chapters 4
and 5 of the Policy. (
DGFT NOTIFICATION No 32/2009-2014, Dated : 26-02-2010).
[Old - Duty Credit Scrips can also be used / debited towards payment of Customs
Duties in case of EO defaults under
Authorizations issued under Chapters 4 and 5 of this Policy. However,
penalty / interest shall be required to be
paid in cash. ] |