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Procedural relaxation under EOU and Gem and Jewellery Export Promotion Schemes

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..... uniform procedures. Time bound certification for de-bonding from EOU scheme: 2. Paragraph 6.18(e) of the FTP has been amended in order to rationalize and simplify the procedure for de-bonding. As per the new procedure, the EOU/EHTP/STP units proposing to de-bond would intimate the Development Commissioner and jurisdictional Customs/ Central Excise authority in writing. The unit would itself assess the duty liability and submit the details of such assessment to jurisdictional Customs/ Central Excise authority. The Deputy/ Assistant Commissioner of Customs/ Central Excise would be required to confirm the duty liability on priority within 15 working days of receipt of details of assessment from the unit. Further he shall issue 'No Dues Certificate' to the unit after payment of duties and other dues. In case of any discrepancy, it should be conveyed to the unit within the said 15 days. On receipt of the above mentioned 'No Dues Certificate', the unit shall apply to the concerned Development Commissioner for de-bonding. DTA Sale: 3. The paragraph 6.8 (a) of the FTP provides that EOU/EHTP/STP may sell goods upto 50% of FOB value of exports in DTA on payment of concessional .....

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..... equirement of ARO for supply of goods by EOU/EHTP/STP units to advance License Holders 5. Paragraph 4.1.11 of FTP allows the holders of Advance License and DFRC to source goods from EOU/EHTP/STP against Advance Release Order (ARO) issued by DGFT or Back to Back inland letter of credit issued by banks. These are instruments for sourcing goods from indigenous sources against Advance License and DFRC. The Notification No 23/2003-CE governing DTA sale of goods manufactured by EOU/EHTP/STP on concessional rate of duty, also provides that EOU/EHTP/STP may sell the goods against Advance Release Order(ARO) issued against Advance License or DFRC. In the amended FTP the provision of ARO has been done away with. It has been provided that Advance License Holders or DFRC holder can source goods from EOU/EHTP/STP on the basis of Advance license or DFRC itself. Therefore, in order to implement the provision of FTP, the Notification No 23/2003-CE dated 31-3-2005, was suitably amended. Henceforth the goods manufactured in EOU/EHTP/STP may be sold to Advance License Holders/ or DFRC holders on the basis of Advance License or DFRC itself. However, the jurisdictional Assistant Commissioner shall m .....

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..... lowed on the ground that it would optimize the utilization of IT infrastructure between two units of the same owner and thus would make the projects cost effective. The STPs are nothing but sector specific EOUs. In order to meet the requirement of dynamic nature of IT industry, it has been found justified to allow sharing of certain common facilities between/ amongst EOU /EHTP/ STP units belonging to same owner. 7.2. Accordingly, the notification No.52/2003-cus and 22/2003-CE both dated 31.3.2003 was amended to allow sharing of specified goods viz, diesel generating sets or captive power plants, central air conditioning equipments, uninterrupted power supply system, net-working equipments, EPABX, fax, photocopier equipments, data transfer protocol equipments and security system between EOU/EHTP/STP units belonging to the same owner and irrespective of their location. However, such goods shall not be removed from the unit, which had imported or procured such goods. Import/procurement of DG Sets: 8. The notification Nos. 52/2003-Cus and 22/2003-CE both dated 31-3-2003 governing duty free import and procurement of goods by EOU/EHTP/STP units provided for import/procure .....

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..... any evidence suggesting prima facie evasion of substantial duty by EOU/EHTP/STP comes to light, the CT-3 procurement certificate facility to the EOU/EHTP/STP may not be suspended with immediate effect. Instead the jurisdictional Deputy/ Assistant Commissioner may withdraw the facility of pre-authenticated CT-3 certificate for a period for six months at a time, and allow the unit to import/ procure goods duty free on the basis of individual CT-3 certificates/ procurement certificates subject to the condition that the unit furnished additional bank guarantee to cover the 100% duty foregone on such duty free import/ procurement. However, this executive order of the jurisdictional Deputy/ Assistant Commissioner may be reviewed or amended by the jurisdictional Commissioner of Customs or Central Excise, on receipt of any request from the unit. It is further clarified that while deciding to withdraw the facility of pre-authenticated CT-3 certificate, proper care may be taken that the withdrawal is not done for mere procedural violations. Re-import of rejected jewellery: 11.In the FTP, 2004-2009, that came into effect in 31st August, 2004, a provision was made in the Hand Book o .....

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