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TMI BlogAmendment in Handbook (Vol 1).(RE-01), 1997-2002X X X X Extracts X X X X X X X X Extracts X X X X ..... he shall be required to deposit an equivalent amount through TR in the authorised branch of Central Bank of India indicating the "Head of Account :0037 - Customs and Minor Head: 101- Imports" so that the deposited amount and the FOB value realised in Indian Rupees together account for the minimum prescribed value addition (or positive value addition, as the case may be) over the CIF value." 2) The second paragraph 7.28 B (ii) is amended to read as : "However, in case he fails to achieve minimum prescribed value addition, he shall be required to deposit an equivalent amount through TR in the authorised branch of Central Bank of India indicating the "Head of Account :0037 - Customs and Minor Head: 101- Imports so that the deposited amount and the FOB value realised in Indian Rupees account for the minimum prescribed value addition over the CIF value." 3) The first sentence of paragraph 7.29 is amended as under: "The customs duty with interest to be recovered from the licencee on account of regularisation or enforcement of BG/ LUT, as the case may be , shall be deposited by the licence holder in relevant Head of Customs Revenue i.e. Major Head : 0037- Customs and Minor Head: 101 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts may sell goods including by products and services in the DTA on payment of applicable duties on the basis of self-certification." 13) In paragraph 9-A.11 (iv) the last sentence shall be read as under: "Sectoral norms as notified by the Government shall apply to foreign investment in services and trading activities." 14) In paragraph 9-A.12, the following new sub-para (d) is incorporated:- "(d) SEZ units may be permitted to remove moulds, jigs, tools, fixtures, tackles, instruments, hangers and patterns and drawings to the premises of sub-contractors subject to the conditions that these shall be brought back to the bonded premises of SEZ units on completion of the job work within a stipulated period" 15) Paragraph 9-A.19 (iii)(b) is deleted. 16) In paragraph 9-A.19 (iii), the following two new sub-para (g) and (h) are added: "(g) Approve applications for setting up of units in SEZ other than proposals for setting up of unit in the service sector (except software and IT enabled services, trading or any other service activity as may be delegated by the BOA), provided that the item of manufacture does not require an industrial licence under the Industries (Development Regul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Description of Export Product DEPB Rate Value Cap 777 Potassium Penicillin -G First Crystal/ Penicillin Potassium V First Crystal /BP/ USP/ ISP 16.00 Rs 600/- BOU (c) Product Group: Electronics (Product Code : 83) (ii) The following entry is amended as under: S.No Description of Export Product DEPB Rate Value Cap 43 Televisions - Colour of all Screen sizes including projection TV and video projector in CKD/ SKD/CBU thereof 22.00 (i)Rs 4200 per piece for size upto and including 17" (ii) Rs 8700 per piece for size above 17" (excluding 17") 26) The address and contact numbers of M/s American Quality Assessors (India) Pvt Ltd (Under the Offices of AQA, USA) appearing at S.No 12 of Appendix 32A and S.No 12 of List A under Appendix 32B is amended to read as under: 3-6-157, Victory Vihar, 4th Floor, Himayathnagar, Hyderabad -500 029 Tel: 040-3222894,3222895 Fax: 040-3223023 Email: [email protected]/ [email protected] 27) The following clarification is issued with reference to Appendix 41 that pertains to the "Norms of Scrap/ Waste Material for an Export Product under EOU and units i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erformance actually achieved Part B (as on 31.3.2001) Authorised capital Paid up capital Foreign Direct Investment - (I)Approved (Since inception) (II) Actual Inflow NRI capital (I)Approved (Since inception) (II) Actual Inflow Indian Equity Supervisory Non-supervisory Total Employment : Male Female Total Notes :- 1) The above information should be given separately for each Letter of Permission. 2) Figures should correspond to financial year April-March. 3) The information given in the formats should be authenticated by the authorized signatory of the unit and should be certified for its correctness by a Chartered Accountant with reference to the account records and registers maintained by the unit. APPENDIX - 16 E Guidelines for monitoring the performance of EOU/EPZ/SEZ units (1) The annual review of performance of each operational unit and its compliance with the conditions of approval shall be undertaken by the Development Commissioner before the end of the first quarter of the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year, from the date of commencement of commercial production, will not be monitored In case a unit has completed less than five years from the date of commencement of commercial production it will be monitored for the number of completed years. Annual monitoring in the cases of old units which have completed more than five years will be undertaken for only such number of years which fall in the second block of five years v) Concurrent joint monitoring of EOU / EPZ units: a) The performance of EOU / EPZ units would be jointly reviewed by the Development Commissioners of EPZs and concerned Customs / Central Excise Officers on six monthly basis i.e. April - September each year to be completed in the following quarter on the basis of QPRs furnished by the EOUs and for the full financial year on the basis of APR to be completed in the following quarter. The formats of QPR/APR have been prescribed in the LUT at Appendix B and Appendix BB. b) Joint review of EP/NFEP of the EOUs would be conducted by the DC / JDC and jurisdictional Deputy Commissioner / Asstt. Commissioner of Customs and Central Excise in the office of Commissioner of Customs / Central Excise where representative of un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be undertaken on the basis of APR prescribed in Annexure I of Appendix 16-BBB. However, penal action is to be initiated only if NFE achieved is negative at the end of 3rd or subsequent years. In case of existing EPZ units converting into SEZ scheme, the date of commencement of commercial production under the EPZ scheme will be the date for reckoning the number of years completed by the units for the purpose of monitoring. iv) During the joint review, efforts should be made to identify the reasons for shortfall/poor performance and unit-wise action plan should be prepared for removal of bottlenecks through such a review. (v) Based on the joint review, Development Commissioner concerned would prepare a report for the information of the Department of Commerce and CBEC and suggest corrective measures to enable the defaulting units to fulfil their obligations as per Exim Policy/Customs Notifications (c) OTHER CONDITIONS: Development Commissioner will monitor Foreign Exchange realization/remittance of EOU/EPZ/SEZ units in coordination with the concerned General Manager of RBI as per instructions issued on the subject vide RBI circular No. COEXD. 3109/05.62.05/99-2000 dated 21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls of a unit so as to calculate the NFEP for the year 1999 - 2000, on the presumption that no imported RM was in balance at the end of previous year as well as at the end of 1999-2000. In this case, the NFEP for 1999-2000 is calculated as below: - 1. Amortised value of CG. (20% of import of CG made during the years 1995-96 to 1999-2000) (i.e., 20% of Rs. 50.00 lakhs) Rs. 10.00 lakhs 2. Import of R. M. etc Rs. 100.93 lakhs 3. Other outflow of F. E. Rs. 10.72 lakhs 4. Value of exports Rs. 173.13 lakhs The NFEP comes to = 173.13 - (10 + 100.93 + 10.72)x 100 173.13 = 29.73% Note: CALCULATION OF NFEP/NFE ON NOTIONAL/ACTUAL BASIS: While calculating NFEP/NFE, FOB value of the capital goods or raw material received free of cost may be taken into account. Appendix-16-H QUARTERLY REPORT TO BE FURNISHED BY UNITS IN SEZ Quarterly statement to be furnished by the SEZ unit in terms of paragraph 9A.5 of Handbook of Procedures (Vol. I). (All figures to be given in US$) 1. Name of the unit : 2. Period of reporting : 3. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lus goods imported from foreign suppliers or collaborators free of cost for production operations, consignments imported for participation in exhibitions etc. 15. Value of indigenous CG procured till end of last quarter. 16. Value of indigenous raw materials/ components, consumables procured till the end of the last quarter 17. Cases of pending Foreign Exchange realisation outstanding for more than one year at the end of last quarter Date of export : Name of Importer: Address : Amount 18. External commercial borrowing pending at the end of last quarter (a) Less than three years Amount in $ (b) More than three years -do- 19. Overseas investment made by the unit at the end of last quarter (a) Less than one years Amount in $ (b) More than one years -do- Explanatory Notes: a) Finished goods imported as samples or for re-making should be included in column 1 (ii) b) Opening balance not to include value of items imported on loan basis or procured from DTA without CT-3 exemption. APPENDIX- 16-L TO BE PUBLISED IN THE GAZET ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner; 4. EOU cases involving foreign equity, including investment by NRIs and OCBs that fall outside the automatic route shall continue to be dealt with by the Foreign Investment Promotion Board (FIPB). In such cases, the units will apply directly to Secretariat for Industrial Assistance (SIA)) for FIPB approval with a copy to the Development Commissioner concerned. Those falling under the automatic route shall avail themselves of the dispensation available under the automatic route. 5. Consider all application for setting up of SEZ/EPZ in the public/private/joint or State sector and make suitable recommendations in this regard. 6. Approve goods and services required for developing , maintaining and operating SEZ or any component thereof 7. Any other issues concerning development of EPZ/SEZ Note: Separate meeting will be held to consider the proposal to set up SEZ/EPZ in the public/private/joint or State sector." General 8. The Board may prescribe any condition, as it may consider necessary while granting approval. 9. The Board may in its discretion grant or refuse the approval. 10. Chairman of the Board may co-opt any representative of any other Department or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Zone/Customs administration. A Chartered Accountant's certificate regarding the verification of the materials receipt register relevant to the claim as at Annexure - II shall be submitted alongwith the claim,. (iii) The reimbursement of CST shall be admissible only to those units who get themselves registered with the Sales Tax authorities in terms of Section 7 of the CST Act, 1956 read with (Registration and Turnover) Rules, 1957 and furnish a photostat copy of the Registration Certificate issued by the Sales Tax authorities to the Zone office concerned for keeping it in the relevant file. iv) Claims shall be admissible only if payments are made through the bank accounts maintained by EOU/EPZ/SEZ/EHTP/STP unit or DD emanated from its accounts. (v) The claim shall be submitted alongwith the following documents: a) Chartered Accountant's Certificate, from CA, meeting the following criteria, certifying receipt of the goods as shown in Annexure-II in the bonded premises, scrutiny of original invoice/bill of the supplier and proof of payment against each invoice/bill and its reconciliation with 'C' Form:- Eligibility criteria for C.A. firms: (i)In case of units located i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lidated claim for a quarter will be admitted for reimbursement of CST. No supplementary claim shall be entertained. (x) The claim for CST reimbursement for the amount below Rs. 100/- on any single invoice shall not be entertained. (xi) The disbursing authority for the claim of reimbursement of CST will be Development Commissioner/designated officer of EHTP/STP who will make payment to the units. All claims shall be subjected to post audit. (xii) The unit shall preserve for three years all the original documents viz. Original invoice/bill, money receipt/bank statement for random/sample checking and produce the same as and when called for by the office of the Development Commissioner. Random checking of 5% of the claims of a particular quarter should be done in the next quarter through generation of computer statements on the basis of serial numbers. The random list will be generated by the Development Commissioner personally. (xiii) In case some glaring error or irregularity is detected against any unit in claiming CST reimbursement, action to recover the amount paid and levy penalty would be taken under FTDR Act against such unit. (xiv) Any dues of the Government viz. arrear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anite products where availability of raw materials is contingent upon Government leases etc. (8) FLORICULTURE/HORTICULTURE EOUS: The EOUs engaged in floriculture/horticulture may import for use at fields of other contract farmers the following irrigation equipment's as these are covered in the green house equipment's listed in Annexure -I notification No.126-Cus /94 dated the 3rd June, 1994 as amended from time to time. S.No. Name of the equipment HSD No. 1. Filters 84.21 2. Driplines Drip Fittings 84.24 3. Micro sprinklers Misters 84.24 4. Agriculture sprinlers 84.24 5. Fertilizer Tanks 84.24 6. Valves 84.81 7. Fertilizer pumps Chemical Injections 84.13 It may, however be ensured that not more than 50% production may take place at other identified place with the help of the above equipment besides normal export production on the specified area of floriculture/horticulture EOUs. (9) HIGH GRADE IRON ORE Proposals for export of high grade i.e. 64% Fe Iron Ore and above except iron ore of Goa origin and Redi origin are pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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