Amendment in the Hand Book of Procedures, Vol.1; specifically in the ANF 3B. - DGFT - 52 (RE2010)/ 2009-14

(TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART-I, SECTION-1) GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY DEPARTMENT OF COMMERCE DIRECTORATE GENERAL OF FOREIGN TRADE PUBLIC NOTICE No. 52 (RE2010)/ 2009-14 NEW DELHI: the 03 rd June, 2011 In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 , the Director General of Foreign Trade hereby makes an amendment in the Hand Book of Procedures, Vol.1; specifically in the ANF 3B (which is being revised now). 2. Aayat Niryat Form 3B (ANF 3B) is required to be filled up for claiming benefits under Served From India Scheme (SFIS). The ANF 3B as given in annexure to this Public Notice shall replace the existing ANF 3B in the Hand Book of Procedures, Vol.1 (Appendices and Aayat Niryat Forms), 2009-14. 3. Earlier SFIS benefit was granted for services listed under Appendix 10 which has now been amended to Appendix 41 (vide Public Notice No.25 of 18 th January 2011). Therefore applicants who have earned foreign exchange upto 31/12/2010 for the services listed in Appendix 10 and applicants who earn foreign exchange w.e.f. 1/1/2011 for services listed in Appendix 41, will file their applications for SFIS in this revised ANF 3B only. 4. These changes will take effect from 1 st July, 2011. Purpose of this Public Notice: A new EDI and user friendly format of ANF 3B has been introduced to facilitate easy filing of applications for grant of SFIS benefits. Sd/- (Anup K. Pujari) Director General of Foreign Trade [email protected] (F. No. 01/94/180/549/AM08/PC1/now PC3) ANNEXURE TO PUBLIC NOTICE NO. 52 (RE2010)/2009-14 ANF 3 B Application Form for Served From India Scheme (SFIS) [For Foreign Exchange Earned with effect from 1.1.2011 as per Appendix 41 of HBPv1/ Foreign exchange earned upto 31.12.2010 as per Appendix 10 of HBPv1, as applicable] 1. Applicant Details: i IEC No. 2. RCMC Details : i. RCMC Number ii. Valid upto [dd-mm-yyyy] -- -- iii. Issuing Authority iv. Products / Services for which registered in terms of main line of business 3. Category of Service Provider (Please specify from Appendix 10 / Appendix 41, as applicable) 4. Frequency of Application [please tick the relevant option] Monthly Quarterly Half Yearly Annually Note: Applicants are to exercise the option of applying on Monthly / Quarterly / Half Yearly / Annual basis along with the first application for the current financial year, and this frequency cannot be changed for application made on the basis of Foreign Exchange earnings of the current financial year. 5. Foreign Exchange Earned for rendering of Service From India to outside India or in India as per frequency of application: Supply of Service by Service Provider Free Foreign Exchange Equivalent Indian Rupees i. Supply of a service from India to any other country under Para 9.53 (i) of FTP. ii. Supply of a service from India to service consumer of any other country in India under Para 9.53(ii) of FTP. iii. Supply of a service from India through commercial or physical presence in territory of any other country under Para 9.53(iii) of FTP. iv. Supply of a service in India relating to exports paid in free foreign exchange or in Indian Rupees which are otherwise considered as having being paid for in free foreign exchange by RBI, under Para 9.53(iv) of FTP Total (Rs) Entitlement = 10% of Total (Rs) 6. Port of Registration (for purpose of imports): 7. Number of Split Certificates required (in multiples of Rs.5 lakhs each) 8. Application Submission Details (In case of electronically submitted applications) i. ECOM Reference Number ii. Date of Submission on Server iii. Name of Regional Authority to which submitted iv. File Number as generated v. Date on which File Number was generated DECLARATION / UNDERTAKING 1. I / We hereby certify that: (i) that particulars and statements made in this application are true and correct and nothing has been concealed or held therefrom. I/We fully understand that any information furnished in the application if found incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted. (ii) that under Foreign Trade (Development and Regulation) Act (FTDR Act) 1992, my/our firm / company have not been debarred from undertaking any export import business or activity by way of suspension or cancellation of IEC number. (iii) that my/our firm / company has not defaulted from export obligation under any provisions of FTP and has not been placed under the Denied Entity List (DEL). (iv) that foreign exchange earned on account of services rendered from India alone in terms of Para 9.53 of FTP has been taken into account for this application under SFIS as per Para 3.12 of FTP 2009-14 and these do not fall under any category or service which are not eligible as per Para 3.6.1 of HBP v1 2009-14. 2. I / We undertake to abide by provisions of FT (D R) Act, 1992, as amended in 2010, the Rules and Orders framed thereunder, FTP and HBPv1 2009-14. 3. I/We hereby certify that I am / we are authorized to verify and sign this declaration as per Paragraph 9.9 of FTP. Signature of the Applicant Name Designation Official Address Flat/Plot/Block No Street/Area/Locality City State PIN Code Telephone No. Country Code ----- Area Code ------ Phone number -- -- Fax No. -- -- Email Place: Date: Documents to be submitted: i. One Copy of ANF 3B duly filled up and signed ii. CA / ICWA / CS certificate in format given in annexure to ANF 3B iii. Documentary evidence of earnings in Indian Rupees which are otherwise considered as having being paid for in free foreign exchange by RBI. Note: Each page of application has to be signed Annexure to ANF 3B CERTIFICATE OF CHARTERED ACCOUNTANT (CA) / COST AND WORKS ACCOUNTANT (ICWA)/ COMPANY SECRETARY (CS) I have examined prescribed registers and also relevant records of M/s.......................... having IEC number ... for period of the current financial year .. and certify that: 1. Bills, Invoices, Forward Inward Remittance Certificates (FIRCs), Bank Realization Certificates, Certificate from international credit card companies, and evidences of foreign exchange earnings have been examined and verified by me. 2. Services for which benefits is claimed does not include ineligible services and remittances as listed under Para 3.6.1 of HBP v1 2009-14. 3. Neither I, nor any of my / our partners is a partner, director, or an employee of above-named entity, its Group companies or its associated concerns. 4. Details of Foreign Exchange Earned for Supply of Service From India to outside India or in India, for the period .. (as per frequency of application as at Sr.No.4 of ANF 3B) , is as under: Category of Service Provider Sl. No. of Appendix 10 / 41 of HBPv1 Free Foreign Exchange Equivalent Indian Rupees a. Para 9.53 (i) of FTP b. Para 9.53 (ii) of FTP c. Para 9.53 (iii) of FTP d. Para 9.53 (iv) of FTP Total (Rs) I fully understand that any statement made in this certificate, if proved incorrect or false, will render me liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted. Signature of CA/ICWA/CS Name of the Signatory Designation Membership No. Official Address Flat/Plot/Block No Street/Area/Locality City State PIN Code Telephone No. Country Code ----- Area Code --------- Phone Number -- -- Fax No. -- -- Email : Place: Date: