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

TMI Blog

Home

FORM OF LEGAL AGREEMENT FOR EOU/EHTP/STP/BTP

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ated __________. AND WHEREAS the unit has been permitted to import/purchase indigenously Plant and Machinery, raw materials, components, spares and consumables with or without payment of duties and / or taxes as provided in Para 6.01(d) (ii) & (iii)of FTP 2015-20, details given at ANNEXURE-I. And whereas a license has been granted to the unit by the Government, subject to the achievement of positive NFE as provided for in EOU Scheme. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. The unit shall achieve positive NFE as per Para 6.04 of FTP. 2. Such performance shall be subject to annual monitoring by the Development Commissioner (DC) having jurisdiction over its activities under the guidelines issued by the Ministry of Commerce, Government of India from time to time and the unit shall be liable for penalty under the Foreign Trade (D&R) Act, 1992 as amended from time to time for failure to fulfill such obligation. For the purpose of counting NFE under the EOU scheme, exports to Nepal or Bhutan shall qualify, if payment is made in Foreign Exchange. 3. The unit shall intimate the date of commencement of the production for export within one month of such date to the concerned Deve .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rnment or the shortfall in fulfillment of NFE is within the permissible norms specified in the monitoring guidelines given at APPENDIX-6F of the EOU Scheme, the unit would be liable for penal action under the provisions of Foreign Trade (Development & Regulation )Act, 1992, as amended and the Rules & Orders made thereunder. 8. The unit shall also be subject to the conditions stipulated and required for availing exemption, if any available, from duty of Customs and Excise; Integrated Tax, GST Compensation Cess under the relevant Customs & Excise and GST Notifications. Any customs duties/Excise duties; GST taxes and compensation cess and interest payable to / leviable by the Government for failure to fulfill such conditions shall also, without prejudice to any other mode of recovery be recoverable in accordance with the provisions of Section 142 of the Customs Act, 1962/Section II of the Central Excise Act, 1944, relevant provisions under GST law and rules made thereunder and/or from any payment due to the Unit from the Government. 9. Any order issued by the Government in this regard shall be final and binding and the Unit thereby undertakes to comply unconditionally with such an o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... : 5. Item of manufacture/service - Annual Capacity (Details of all items to be provided) a) b) 6. Green Card No. and date and the period of validity : 7. Present position in regard to setting up of the unit (Tick whichever is applicable) a. Acquisition of land : Yes No b. Erection of Building : To Start/ Started Over/Building purchased c. Electricity : Not applied Applied on Available d. Water : Not applied Applied on Available e. Telephone/Fax : Not applied Applied on Available 8. Employment: a) No. of Men Workers employed in the unit Managerial Skilled Unskilled b) No. of Women workers employed in the unit Managerial Skilled Unskilled c) TOTAL: 9. Imports during the quarter (Rupees in Lakhs) Cumulative During the Quarter a. Value of Capital Goods imported b. Value of Raw Materials, Components etc. imported c. Value of indigenous Capital Goods purchased d. Value of Industrial Raw Materials Components etc. purchased. 10. Deleted 11. Date likely to commence production: 12. Any other information : (Signature with seal of the company) Place:_____________ Date:______________ ANNEXURE-III FORMAT FOR QUARTERLY REPORT FOR THE WORK .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... roduction Details of production figures Quantity(MT/pieces) Value(Rs. in lakhs) 9. Details of Foreign Exchange Inflow/Outflow EXPORT(INFLOW) (Rs. in Lakhs) $ in Million 10. FOB value of exports for the Year a) GCA exports b) RPA exports c) Total: 11. Goods sold in DTA in terms of Para 6.09 of Chapter 6 of the Foreign Trade Policy 2015-20 12. Cumulative exports up to the current year 13. Cumulative exports up to the previous year 14. Country-wise details of exports (Rs. in Lakhs) $ in Million 15. Opening balance of imported RM, Consumables etc., during the year 16. Raw Materials/consumables /components etc. imported during the year 17. RM/consumables etc. transferred to other units during the year 18. RM/consumables etc. received under the inter-unit transfer during the year 19. Cumulative import of RM/consumable etc. during the year 20. Imported RM/Consumables/ etc., consumed during the year 20 (A) Imported RM/consumables etc. not utilised beyond five years. 21. Closing balance of imported RM/Consumables etc. at the end of year 22. Opening balance of imported capital goods including spares (Value of capital goods year-wise since inception to be annexed) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... al borrowing c External commercial borrowing pending at the end of last year (a) Less than three years Amount in $ (b) More than three years -do- d Revenue contribution Revenue contribution by units (a) (i) GST taxes and compensation cess under GST on DTA sale during the financial year (ii) Excise duty on DTA sale during the financial year (iii) Customs duties paid on account of reversal of exemption of duties availed on the inputs on DTA sale (b) Income tax paid, if any, during the financial year (c) Taxes, cess duties & levies (including CST) paid on domestic procurement. (d) Tax deducted at source in respect of employees. e. Duties and/or taxes and compensation cess foregone by way of exemption/refund (Rs. In lakhs ) (i) on import (ii) on indigenous procurement It is certified that no shipment other than mentioned above are pending realization beyond stipulated period/period as extended by RBI. (SIGNATURE) With Seal of Co. Notes : 1) The above information should be given separately for each Letter of Permission. 2) The information given in the formats for APRs should be authenticated by the authorized signatory of the unit and should be certif .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g transport services 26. 99681 Postal and courier services 27. 99691 Electricity and gas distribution services 28. 99692 Water distribution and other services 29. 99711 Financial services (except investment banking, insurance services and pension services) 30. 99712 Investment banking services 31. 99713 Insurance and pension services (excluding reinsurance services) 32. 99714 Reinsurance services 33. 99715 Services auxiliary to financial services (other than to insurance and pensions) 34. 99716 Services auxiliary to insurance and pensions 35. 99717 Services of holding financial assets 36. 99721 Real estate services involving owned or leased property 37. 99722 Real estate services on a fee/commission basis or contract basis 38. 99731 Leasing or rental services concerning machinery and equipment with or without operator 39. 99732 Leasing or rental services concerning other goods 40. 997331 Licensing services for the right to use computer software and databases 41. 997332 Licensing services for the right to broadcast and show original films, sound recordings, radio and television programme etc. 42. 997333 Licensing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 76. 99846 Broadcasting, programming and programme distribution services 77. 99851 Employment services including personnel search/referral service & labour supply service 78. 99852 Investigation and security services 79. 99853 Cleaning services 80. 99854 Packaging services 81. 99855 Travel arrangement, tour operator and related services 82. 99859 Other support services not included in 99851,99852,99853, 99854 and 99855 83. 99861 Support services to agriculture, hunting, forestry and fishing 84. 99862 Support services to mining 85. 99863 Support services to electricity, gas and water distribution 86. 99871 Maintenance and repair services of fabricated metal products, machinery and equipment 87. 99872 Repair services of other goods 88. 99873 Installation services (other than construction) 89. 99881 Food, beverage and tobacco manufacturing services on physical inputs (goods) owned by others 90. 99882 Textile, wearing apparel and leather manufacturing services on physical inputs (goods) owned by others 91. 99883 Wood and paper manufacturing services on physical inputs (goods) owned by others 92. 99884 Petroleum, chemi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Performing arts and other live entertainment event presentation and promotion services 127. 99963 Services of performing and other artists 128. 99964 Museum and preservation services 129. 99965 Sports and recreational sports services 130. 99966 Services of athletes and related support services 131. 99969 Other amusement and recreational services 132. 99971 Washing, cleaning and dyeing services 133. 99972 Beauty and physical well-being services 134. 99973 Funeral, cremation and undertaking services 135. 99979 Other miscellaneous services like escort services etc. 136. 99980 Domestic services 137. 99990 Services provided by extraterritorial organizations and bodies Annexure-VI Service Exports Reporting Form Service & Software Export Reporting Form Part A: General Information Section Request ID Name & Address of Exporter (SEZ/STPI unit) IEC Code GSTIN LOA Number LOA Date SEZ Name/STPI Directorate Location & Port Code for SEZ Date of submission Reporting Month Part B: Service Exports (IT & IT enabled Services) B1: Software Exports (Offsite) Sr. No. Client Name Client Address Country Contract/ .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ement made this _____________day of ___________201_____between M/s. _________________________________(indicate legal status i.e. a company or firm) an Export Oriented Unit / having its registered office at ___________________ and factory/service unit at ___________ (hereinafter referred to as "the unit" which expression shall include its successors and assigns) of the one part and the President of India acting through Development Commissioner (DC) of ……………..SEZ (hereinafter referred to as "Government" which expression shall include his successors in office and assigns) of the other part. Whereas the Government has communicated vide Letter No. ___________dated _________to the Unit the terms and conditions for setting up the EOU unit for manufacture/service of __________________and the Unit has duly accepted the said terms and conditions vide their letter No.__________dated __________. AND WHEREAS the unit has been permitted to import/purchase indigenously Plant and Machinery, raw materials, components, spares and consumables free of Import / Central excise duty as per details given at ANNEXURE-I. And whereas a license has been granted to the uni .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , proclamation, regulation/ordinance of the Government or the shortfall in fulfillment of NFE is within the permissible norms specified in the monitoring guidelines given at APPENDIX-6F of the EOU Scheme, the unit would be liable for penal action under the provisions of Foreign Trade (Development & Regulation )Act, 1992, as amended and the Rules & Orders made thereunder. 8. The unit shall also be subject to the conditions stipulated and required for availing exemption from duty of Customs and Excise under the relevant Customs & Excise Notifications and any customs duties/Excise duties and interest payable to / leviable by the Government for failure to fulfill such conditions shall also, without prejudice to any other mode of recovery be recoverable in accordance with the provisions of Section 142 of the Customs Act, 1962/Section II of the Central Excise Act, 1944 and rules made thereunder and/or from any payment due to the Unit from the Government. 9. Any order issued by the Government in this regard shall be final and binding and the Unit thereby undertakes to comply unconditionally with such an order. 10. The unit shall be bound by the changes made in the provisions of EOU Sch .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... osition in regard to setting up of the unit (Tick whichever is applicable) a. Acquisition of land : Yes No b. Erection of Building : To Start/ Started Over/Building purchased c. Electricity : Not applied Applied on Available d. Water : Not applied Applied on Available e. Telephone/Fax : Not applied Applied on Available 8. Employment: a) No. of Men Workers employed in the unit Managerial Skilled Unskilled b) No. of Women workers employed in the unit Managerial Skilled Unskilled c) TOTAL: 9. Imports during the quarter (Rupees in Lakhs) Cumulative During the Quarter a. Value of Capital Goods imported b. Value of Raw Materials, Components etc. imported c. Value of indigenous Capital Goods purchased d. Value of Industrial Raw Materials Components etc. purchased. 10. 1[***] 11. Date likely to commence production : 12. Any other information : (Signature with seal of the company) Place:_____________ Date:______________ ANNEXURE-III FORMAT FOR QUARTERLY REPORT FOR THE WORKING UNITS PERIOD OF REPORTING: QUARTERLY (APRIL-JUNE)(JULY-SEPTEMBER)(OCTOBER DECEMBER)(JANUARY-MARCH) 1. Name of the Unit & location 2. (a) Permanent E-mail Address (C .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... GCA exports b) RPA exports c) Total: 11. (a) Goods sold in DTA in terms of Para 6.09 (b) of the Chapter 6 of the Foreign Trade Policy for year (b) Deemed export for other categories during the year Total 12. Cumulative exports up to the current year 13. Cumulative exports up to the previous year 14. Country-wise details of exports (Rs. in Lakhs) $ in Million 15. Opening balance of imported RM, Consumables etc., during the year 16. Raw Materials/consumables /components etc. imported during the year 17. RM/consumables etc. transferred to other units during the year 18. RM/consumables etc. received under the inter-unit transfer during the year 19. Cumulative import of RM/consumable etc. during the year 20. Imported RM/Consumables/ etc., consumed during the year 20(A) Imported RM/consumables etc. not utilised beyond five years. 21. Closing balance of imported RM/Consumables etc. at the end of year 22. Opening balance of imported capital goods including spares (Value of capital goods year-wise since inception to be annexed) 23. Import of capital goods including spares during the year 24. Capital goods including spares received under inter-unit transfer 25. Capital .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... end of last year (a) Less than three years Amount in $ (b) More than three years -do- d Revenue contribution Revenue contribution by units (a) Excise duty on DTA sale during the financial year (b) Income tax paid, if any, during the financial year (c) State taxes, cess duties & levies (including CST paid on domestic procurement). (d) Tax deducted at source in respect of employees. It is certified that no shipment other than mentioned above are pending realization beyond stipulated period/period as extended by RBI. (SIGNATURE) With Seal of Co. Notes : 1) The above information should be given separately for each Letter of Permission. 2) The information given in the formats for APRs should be authenticated by the authorized signatory of the unit and should be certified for its correctness by a Chartered Accountant/Cost Accountant with reference to the account records and registers maintained by the unit. 3) APRs must be submitted electronically only if the zones have provided online facilities. 4) The signature of the authorised signatory of the unit must be sent to the zone electronically." 5. Inserted vide Public Notice No. 45/2015.2020 dated 26-11-2019 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates