Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Discussions Forum
Home Forum Customs - Exim - SEZ This

A Public Forum.
Acknowledging the Value of Experts.

Contribute Your Wisdom, Shape the Future.
Let Your Experience Guide Others

Submit new Issue / Query     My IssuesMy Replies
A free service.
You may submit an issue for brainstorming also.

EXIT From EOU scheme, Customs - Exim - SEZ

Issue Id: - 2587
Dated: 4-1-2011
By:- Desikan Srinivasan

EXIT From EOU scheme


  • Contents
We want to exit from EOU scheme. We have some export proceeds not realised yet but the NFE is positive excluding this unrealised export proceeds. The customs are not issuing the NOC till the realisation of the full export proceeds . They are asking to pay the duty on the duty free raw material used in the sales for which proceed not realised yet to issue the NOC. As per the FTP para 6.18 no such clause is there for exit for EOU scheme . Can anyone clarify on this please whether we need to pay duty on the Raw Materail used in unrealised export proceeds eventhough NFE is positive ?

Posts / Replies

Showing Replies 1 to 3 of 3 Records

Page: 1


1 Dated: 4-1-2011
By:- Mangesh Lokre

Please read the Para 6.18 (a) of FTP

(a) With approval of DC, an EOU may opt out of scheme. Such exit shall be subject to payment of Excise and Customs duties and industrial policy in force.

It is clear that you have pay the Differential Customs Duty on the Raw material. You can avail the Cenvat Credit of CVD and Additional Duty of Customs thereon.

Or you can also avail the Advance Authorisation for the raw material lying with you.

For Capital Goods you have option to convert the duty liability into the EPCG scheme.

 


2 Dated: 9-1-2011
By:- Desikan Srinivasan

Thanks Mr. Mangesh for the reply. Actually we have paid duty on the raw material lying in stock but my question is whether duty is payable on the raw material used in the export which is not yet realised ? In the Para 6.18 of FTP it is not clear.


3 Dated: 28-5-2011
By:- R.S. Mangal

For EOU the period of realisation of export proceeds is 12 months from the date of exports or further period if extended by the Authorised dealer/ RBI. The Department cannot insist to deposit the differential duty on the Raw Materail used in unrealised export proceeds if it is within the period as above. However to avoid confrontation with the department, I suggest to give undertaking to the Department to deposit the differential duty on the Raw Materail used in unrealised export proceeds  if the same is not realized in 12 months from the date of exports or further period if extended by the Authorised dealer/ RBI.


Page: 1

Old Query - New Comments are closed.

Quick Updates:Latest Updates