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TMI BlogRegarding implementation of Post Export EPCG Scheme under FTP 2015-2020X X X X Extracts X X X X X X X X Extracts X X X X ..... ions (1), (3) and (5) of section 3 ] of the said Customs Tariff Act . 2. The exemption under this notification shall be subject to the following conditions, namely:- (1) that the said scrip is granted against a valid authorisation issued under para 5.28 of the Handbook of Procedures (hereinafter referred to as the said authorisation) by the Regional Authority to an applicant (hereinafter referred as the authorisation holder) who opted for the scheme of Post Export EPCG Duty Credit Scrip: 1 [***] (2) that the said authorisation is not for import under duty exemption but for import of the goods specified in the Table annexed hereto on full payment of applicable duties in cash; (3) that the said authorisation is registered at the port of import specified in the said authorisation and the goods, which are specified in the Table annexed hereto, are imported within eighteen months from the date of issue of the said authorisation on full payment of applicable duties in cash, and the said authorisation is produced before the proper officer of customs at the time of clearance of the goods for endorsement of the import particulars and in cases where the authorisati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the factory or premises of such other person whose name and address is endorsed, prior to installation, by the Regional Authority on the said authorisation. This would apply even when Regional Authority endorses a change in the factory or premises or person. The name and address of such other person shall also be mentioned on the shipping bills for fulfillment of the export obligation and the authorisation holder and such other person jointly and severally fulfill the export obligation and all other conditions. This shall not apply to a CSP: Provided also that agro units located in Agri Export Zones or service providers in Agri Export Zones may move the capital goods within the Agri Export Zones under intimation to the jurisdictional Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, subject to the condition that the authorisation holder shall maintain accurate record of such movement;] (5) that where the goods imported under the said authorisation are found defective or unfit for use, they may be re-exported back to the foreign supplier within three years from the date of clearance of said goods subject to the condition that,- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ating sets - wind powered, electrically operated vehicles . motor cars, electrically operated vehicles - lorries and trucks, electrically operated vehicles - motor cycle and mopeds, and solar cells: Provided also that for units located in Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the export obligation specified above: Provided also that where a sick unit holding said authorisation is notified by the Board for Industrial and Financial Reconstruction (BIFR) or where a rehabilitation scheme is announced by the concerned State Government in respect of sick unit holding said authorisation for its revival, the export obligation may be fulfilled within time period allowed by the Regional Authority as per the rehabilitation package prepared by the operating agency and approved by BIFR or rehabilitation department of State Government. In cases where the time period is not specified in the rehabilitation package, the export obligation may be fulfilled within the period specified in paragraph 5.05 of the Foreign Trade Policy; (8) that the duty remission granted as duty credit in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner of Central Excise or Assistant Commissioner of Central Excise, as the case may be, to the effect that Cenvat Credit in respect of additional duty of customs on goods imported under the said authorisation has not been taken, is produced by the authorisation holder before the Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be: Provided that when the authorisation holder is not registered with Central Excise, he may produce the said certificate on self-certification basis; (10) that the duty remission in the said scrip does not relate to duties paid on the imports made under the said authorisation which have not been installed and put to use; (11) that the duty remission in the said scrip has not been obtained as a consequence of indigenous sourcing of capital goods; (12) that the said scrip is issued, on request of the authorisation holder in form ANF 5B for duty remission, by the Regional Authority specifying the same port of registration as mentioned in the said authorisation and it indicates details of the said authorisation, total export obligation fixed and its calculation, details of previous duty credit scrips issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid scrip; (15) that the said scrip and goods imported against it shall be freely transferable; (16) that the said scrip is produced before the proper officer of customs at the time of clearance for debit of the duties leviable on the goods and the proper officer taking into account the debits already made under this exemption and the debits made under the notification No. 18 of 2015 - Central Excise, dated the 1st April, 2015 , debits the duties leviable on the goods, but for this exemption; (17) that the validity of the said scrip shall be eighteen months from the date of issue and the said scrip shall be valid on the date on which actual debit of duty is made; (18) that where the importer, under this notification, does not claim exemption from the additional duty of customs leviable 2 [ under sub-sections (1), (3) and (5) of section 3 ] of the Customs Tariff Act, 1975 (51 of 1975) he shall be deemed not to have availed the benefit under this notification for the purpose of calculation of the said additional duty of customs; (19) that the benefit under this notification shall not be available to the items listed in Appendix 3A of Appendices and Ayat Ni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases where export obligation has been fulfilled: Provided also that exports made to such countries as notified by Director General of Foreign Trade, shall not be counted for fixing the average level of exports: Provided also that exports against only such shipping bills which mention the authorisation number and date of the said authorisation shall be counted for the fulfillment of the export obligation; Provided also that in the case of authorisation issued to a CSP, - (i) the reference to authorisation holder in this Explanation shall be taken to mean a reference to CSP and specific users whose details are informed prior to export by CSP to the Regional Authority ; (ii) for the exports by users of the common service to be counted towards fulfillment of export obligation of CSP, the respective shipping bills of the users of common service shall contain the authorisation details of the CSP and the concerned Regional Authority shall be informed about the details of the users prior to such export; and (iii) the exports counted against the authorisation shall not be counted towards fulfillment of other specific export obligations against all other author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nuclear power projects through National Competitive Bidding (NCB) or through ICB as provided in clause(h) of para 7.02 of Foreign Trade Policy: (b) supply of ITA-1 items to Domestic Tariff Area, provided realisation is in free foreign exchange; (c) royalty payments received in freely convertible currency and foreign exchange received for Research and Development (R D) services; and (d) payments received in Rupee terms for such services as are specified in paragraph 5.04(h) of the Foreign Trade Policy. (D) Foreign Trade Policy means the Foreign Trade Policy, 2015-2020 , published by the Government of India in the Ministry of Commerce and Industry vide notification No. 01/2015-2020, dated the 1st April 2015 as amended from time to time; (E) Handbook of Procedures means the Handbook of Procedures 2015-20 published by the Government of India in the Ministry of Commerce and Industry vide public notice No. 01/2015-2020, dated the 1st April 2015 as amended from time to time; (F) Manufacture has the same meaning as defined in clause (f) of section 2 of the Central Excise Act, 1944 (1 of 1944); (G) Regional Authority means the Director General ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after their import, in the authorisation holder s factory or premises and at the time of registration of the said scrip a certificate, confirming such installation and use of the goods, from the jurisdictional Deputy Commissioner of Central Excise or Assistant Commissioner of Central Excise, as the case may be, or from an independent Chartered Engineer, which has been issued prior to the date of the first application filed by the authorisation holder for issuance of duty credit scrip against the said authorisation, is produced before the Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as the case may be: Provided that an authorisation holder (including an authorisation holder who is a CSP) registered with the Central Excise opting for the independent Chartered Engineer s certificate shall send a copy of the certificate, upon its issuance, to the jurisdictional Deputy Commissioner of Central Excise or the Assistant Commissioner of Central Excise, as the case may be, as intimation or record: Provided further that in the case of manufacturer authorisation holder and merchant authorisation holder having supporting manufacturer(s) or in the case of import ..... 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