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TMI BlogAmendments in Appendices & Aayat Niryaat Forms pertaining to Chapter 6 of FTP/HBP 2015-20 - reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2017. (Alok Vardhan Chaturvedi) Director General of Foreign Trade Ex-officio Addl. Secretary to the Govt. of India Email: [email protected] APPENDIX-6A CRITERIA TO BE ADOPTED FOR AUTOMATIC APPROVAL OF UNITS UNDER EOU SCHEME (Please see Paras 6.01 (b) and 6.33 of HBP) APPROVAL OF NEW UNITS: Proposals for setting up units under EOU scheme under automatic route shall be considered by the Unit Approval Committee taking into account the following: (i) Residence proof in respect of individual/partnership firms of all Directors/Partners. (Passport/ration card/driving licence/voter identity card/aadhar card or any other proof to the satisfaction of Development Commissioner); (ii) Income Tax return of all the promoters for the last three years; (iii) Experience of the promoters; (iv) Marketing tie-ups; (v) In case of EOUs, inspection of the project site by an Officer; (vi) A report from other DCs as to whether any case under EOU Scheme in regard to diversion of goods etc. is pending. Wherever necessary, the above may be verified through personal interview with the promoters of the project. In the event of the promoters b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... surplus power, it would be examined in consultation with the State Government, including State Electricity Board. The Development Commissioner will report the norms of raw materials and consumables required for generation of a unit of power for consideration and approval by the Board of Approval. (ii) No duty shall be required to be paid on sale of surplus power from an EOU unit to another EOU/SEZ unit. However, taxes as per GST are required to be paid. Development Commissioner of SEZ concerned would be informed in writing of such supply and proper account of the consumption of raw material would be maintained by the supplying unit. The value of imported inputs and consumables shall be taken into account for NFE calculations of the supplying unit. (iii) The unit will obtain permission of the Assistant Commissioner of Customs/Central Excise for sale of surplus power in the DTA, after obtaining permission from the SEBs under the relevant statute. Duty on sale of power to the DTA shall be as per the Notification of the Department of Revenue in this regard. (iv) Due care shall be taken by the Development Commissioner / Board of Approval while approving the power plants by EOU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition purposes like crushing/grounding/sterilization or for manufacture of oils and oleoresins and not for simple cleaning, grading, repacking, etc. (ii) A minimum value addition of 15% shall have to be fulfilled. (11) GEMS JEWELLERY PRODUCTS: The minimum value addition on annual basis shall be in terms of Para 4.61 of the HBP. APPENDIX-6C BOARD OF APPROVAL NOTIFICATION (Please see Para 6.01 (c) of HBP) TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY (PART I SECTION-1) GOVERNMENT OF INDIA MINISTRY OF COMMERCE AND INDUSTRY (DEPARTMENT OF COMMERCE) New Delhi, dated the 22nd March, 2006 NOTIFICATION No.14/2/2006-EOU. In supersession of Ministry of Commerce and Industry Notification No. 14/1/2001-EPZ dated 7.8.2001, Government of India hereby constitutes the combined Board of Approvals for EOU Scheme as under:- 1.* Secretary Department of Commerce Chairman 2. Joint Secretary Department of Commerce Member 3. Joint Secretary Department of Industrial Policy and Prom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ensation available under the automatic route. GENERAL 5. The Board may prescribe any condition, as it may consider necessary while granting approval. The Board may in its discretion grant or refuse the approval. 6. Chairman of the Board may co-opt any representative of any other Department or agency not already included in it, if he finds it necessary for any specific purpose. (Rahul Khullar) Joint Secretary to the Government of India APPENDIX-6D FORMAT FOR LETTER OF PERMISSION (Please see Para 6.01 (g) of HBP) OFFICE OF DEVELOPMENT COMMISSIONER/ ------------------- SPECIAL ECONOMIC ZONE DEPARTMENT OF COMMERCE, GOVERNMENT OF INDIA Dated the------------- To M/S ----------------------- ----------------------- Subject: Your unit application for permission under the EOU Scheme for No._________________dated _________________ Dear Sir/Madam, With reference to the above mentioned application, Govt./Development Commissioner is pleased to extend to you all the facilities and privileges admissible and subject to the provisions as envisaged in EOU Scheme 2015-2020 for the establishment of a new undertaking at__________ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e before the end of the said period. Date of commencement of production shall be intimated to the Development Commissioner of concerned SEZ. (vi) The approval is based on the details furnished by you in your project application. (vii) You shall be required to enter into a Legal Agreement in the prescribed form (APPENDIX-6E) with DC_______ for fulfilling the terms and conditions mentioned in the LOP. (viii) You are requested to confirm acceptance of the above terms and conditions to the undersigned within 45 days. (ix) If you fail to comply with the conditions stipulated above, this letter of approval is liable for cancellation/revocation. (x) All future correspondence for amendments/changes in terms and conditions of the approval letter or for extension of its validity if required, etc. may be addressed to the undersigned. (xi) Jurisdictional Commissionerate for the unit is .. Yours faithfully, Development Commissioner ---------------------SEZ Copy forwarded to :- 1. Deputy Commissioner/Central Excise/Customs/I/C of EOU (for EOUs) 2. Director of Industries, Govt. of (State) 3. Development Commissioner(SSI), Nirman Bhavan, New Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cifically allowed by the competent authority. 5. The unit under implementation shall submit quarterly report to the concerned Development Commissioner in the prescribed format at ANNEXURE-II . They shall also submit a copy of the same to Jurisdictional AC/DC of Customs/Central Excise. 6. The Unit shall after the commencement of production/operation, submit to the concerned Development Commissioner, quarterly performance report in the prescribed format at ANNEXURE-III for the period ending March/June/September and December every year within 30 days of the close of quarter through e-mail giving details of the imports/exports effected and purchases made from the Domestic Tariff Area by the Unit during the period. An annual performance report shall also be submitted in the prescribed format given at ANNEXURE-IV within a period of 90 days following the close of financial year failing which further imports and DTA sale will not be permitted. Annual Performance Reports shall be certified by a Chartered Accountant/Cost Accountant. In case of wrong submission of such information or failure to submit such information within the stipulated time, DC may withdraw the permission grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... _________ (Residential address) Director and (ii) Shri _______________Director who have been duly authorized for the purpose by a resolution of the Board of Directors of the Company passed at the meeting held on ______________and who have signed in the presence of _________________. 1. ______________ (Name, Designation and Address) (Tel. No. (E-mail Address web-site) 2. ______________ (Name, Designation and Address) (Tel. No. (E-mail Address web-site) Signed for and on behalf of the President of India By Shri _________________________________in the presence of 1. ____________________________(Name, Designation and Address) 2. ____________________________(Name, designation and Address) ANNEXURE-I EXEMPTION MATERIALS [Exemptions subject to as specified in para 6.01 (d)(ii) and (iii)of FTP 2015-20] 1. Plant, Machinery and Equipment to be imported. No. Description of goods 2. Raw Materials, Components and Consumables to be imported. No. Description of material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 (Compulsory) (b) Web Site 3. Date of commencement ofproduction: Details of production figures: Quantity(MT/pieces) Value(Rs. in lakhs) EXPORT(INFLOW) (Rs. in Lakhs) $ in Million 4(i). FOB value of exports for the Quarter a) GCA exports b) RPA expor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommencement of production 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 yea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (II) Actual Inflow during the year (III) Cumulative balance for the year iv) NRI capital (I) Approved (II) Actual Inflow during the year (III) Cumulative balance for the year 39. Employment: a) No. of Male Workers employed in the unit Total Managerial Skilled Unskilled b) No. of Women workers employed in the unit Total Managerial Skilled Unskilled c) TOTAL: (a + b) 40. OTHER INFORMATION : a Overseas investment Overseas investment made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horized 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. APPENDIX-6F GUIDELINES FOR MONITORING THE PERFORMANCE OF EOU/STP/EHTP UNITS (Please see Para 6.12 of HBP) 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 following financial year; 2. A summary of annual performance review will be sent by each Development Commissioner to the Ministry of Commerce for information under the three formats indicated below latest by 30th September every year; Proforma I: Comparative statement of performance and monitoring as compared to previous year; Proforma II: Summary of annual performance of the EOU units, sector wise with sectoral sub totals. Proforma III: Unit-wise s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PECIFIC CONDITIONS 7. JOINT MONITORING OF EOU UNITS: a) The performance of EOUs would be reviewed by the Unit Approval Committee on six monthly basis i.e. April-September each year to be completed in the following quarter on the basis of QPRs/APR to be furnished by the EOUs. The formats of QPR/APR have been prescribed in the LUT at APPENDIX-6E. b) Review of NFE of EOUs would be conducted by the Unit Approval Committee. c) For publicizing the scheme, advertisement in the local papers may be arranged before the date of such meetings. Promotion programmes may be organized in collaboration with local industry, Association or any other organization, which has good presence in the area. General Manager of District Industries Centre may be associated. d) For each existing unit, review should be done at length to understand their problems and their possible resolution. Efforts should be made to identify the reasons for shortfall/poor performance and unit-wise action plan should be prepared for removal of bottlenecks. It should be ensured that the unit should have an export promotion strategy as well tentative targets for next few years, so that it has an idea as to wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 PROFORMA-II (TO BE SUBMITTED BY THE ZONE) SPECIAL ECONOMIC ZONE SUMMARY OF ANNUAL PERFORMANCE REPORT FOR THE YEAR 201------------- SECTOR WISE Sl. No. Name of Unit with ID Number in case of EOU Date of Commencement of production Item of Manufacture Value of capital goods imported Value of RM components etc. Other outflow of FE towards knowhow, Commission etc. Total investment made Employm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken into consideration: i. Amortised value of capital goods and technical know how fee ii. Value of import of R. M. (which is consumed during the year and consumables, spares, etc.). iii. Other outflow of foreign exchange towards royalty, interest on external commercial borrowings etc. iv. Value of physical exports effected excluding DTA sales but including supplies made under para 6.09 of the Chapter 6 of the Foreign Trade Policy and HBP. 2. Amortised Value of Capital Goods : For this purpose as much value of CG is taken into account as indicated in para 6.10 (d) of Chapter 6 of the HBP. The CG imported prior to the 10 years period is not taken into consideration for the purposes of NFE if the value of said CG is fully amortized. If any capital goods imported duty free is leased from a leasing company or is taken on loan the CIF value of the capital goods shall be included under the imported inputs. However, on return of such CG its unamortized portion of value would be excluded from the calculation formula. 3. Import of raw material, consumables and spares etc : Whatever R. M. Consumables and spares are imported during the year are taken into account. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n shall be certified by an independent Chartered Accountant/Cost Accountant and endorsed by the Jurisdictional Officer of Customs/Central Excise having jurisdiction over the unit. The Development Commissioner concerned will determine the extent of the DTA sale admissible and issue authorization in terms of value. However, EOUs having status holder certificate can sell finished goods into DTA under para 6.08 (a) of Foreign Trade Policy under intimation to concerned Development Commissioner and Jurisdictional Customs/Central Excise Authority in terms of Para 6.40 (h) of HBP . DTA sale in terms of para 6.08 (a) of Policy shall be allowed only after adjustment of advance DTA sale permission is granted. f) Advance DTA sale permission not exceeding the exports envisaged in the first year shall be permitted. In respect of such DTA sale, the unit shall ensure that it achieves the positive NFE criteria within a maximum period of two years from the date of commencement of the production by the unit. However, drugs and pharmaceuticals units can make advance DTA sale of the production on the exports envisaged in the first two years. However, in respect of such DTA sale, the unit shall ensu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dorsed by the jurisdictional Custom Authority. b) The DTA sale of plain/studded jewellery as provided under para 6.08 (c) of the FTP 2015-20 shall be on payment of applicable GST and Compensation Cess along with reversal of basic customs duty exemption availed, if any as payable on inputs used in such jewellery. c) Advance DTA sale permission not exceeding the entitlement accruable on the exports envisaged in the first year shall be permitted and such sale shall be adjusted against the subsequent entitlements in a maximum period of two years. III. OTHER SUPPLIES IN DTA: Sale under para 6.09 of the Chapter 6 of the Foreign Trade Policy The following guidelines shall apply to the sale of goods in the DTA in respect of supplies specified in paragraph 6.09 of the EOU Scheme: a) The unit shall, at the time of application, indicate the quantity and value of goods sought to be supplied in the DTA. If the sale is effected against an import license held by the DTA purchaser, the Customs/Central Excise Officer concerned will allow such sales after making a suitable entry on the license of the quantity and value o such sales. The Import license shall cease to be valid for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r reimbursement of CST, the Development Commissioner or the designated officer of EHTP/STP shall see, inter alia, that the purchases are essential for the production of goods/services by the units. (c) For payment of interest in accordance with para 6.11 (c) (i) of FTP, separate application for claiming interest is not required and a single cheque for main claim and interest can be issued to the claimant. However, separate account will be maintained by Development Commissioner of Special Economic Zones for the amount of interest disbursed by them. 3. The procedure to be followed in this regard is indicated hereinafter and shall be strictly adhered to: PROCEDURE (i) The unit shall present its claim for reimbursement of CST in the prescribed form (ANNEXURE-I) to the Development Commissioner of the SEZ concerned or the designated officer of the EHTP/STP. (ii) As soon as the goods are received by the EOU/EHTP/STP unit in its premises it will be entered in the material receipt register kept for the purpose. The register must show the details of goods, quantity, the source of purchase and the C Form against which purchase is made, etc. which will be subject to per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nits, issued by the EOU/EHTP/STP to the supplier in the DTA / EOU / STP / EHTP / SEZ with reference to the counterfoil produced by the unit. The counterfoil of C form will be returned to the unit after making suitable endorsement like cancelled/CST reimbursed duly signed by the authorised officer of the Zone administration. While making the endorsement only, the items for which CST has been reimbursed should be indicated as cancelled and the Photostat copy will be retained by the officer for keeping in respective file. In the event of the same `C form being used again, the verification could be done at the time of scrutiny from the self-attested photocopies. The firm must indicate the file No. on which the original stands submitted. (vi)The reimbursement will be limited to the payment of CST against C Form only except in case of IT enabled services (ITES)/Business Process Outsourcing (BPO) units. (vii) The EOU/EHTP/STP shall also intimate the name of the person/persons who are authorised by them to sign the C Form and furnish three copies of his/their specimen signature(s) which will be kept in the relevant file of the unit. (viii) Reimbursement of CST will be made on q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the date of this application. 4. Registration No. (With date of issue) issued by S.T. Authorities under CST Act 1956 5. Details of the goods brought into units: - (a) Name and address of the supplier (including the name of the state where the supplier is located) (b) Whether goods are manufactured in India or imported (c) Description of Goods (d) Quantity (e) Value (f) Date of purchases of goods (g) Date of receipt of goods in the premises of the EOU unit (h) Total amount of CST paid against C Form (i) Total amount of CST paid (Without C form) by ITES/BPO Unit (j) Sales Tax Registration No. (with date of issue) of the supplier under Section 7 of the Central Sales Tax Act, 1956. 6. Amount of CST claimed UNDERTAKING AND DECLARATION I/We hereby solemnly undertake/declare that the particulars stated above are true and correct to the best of my/our knowledge and belief. No other application for claiming CST has been made or will be made in future against purchase covered by the application. (a) The goods for which the claim has been made are manufactured ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the table are admissible for reimbursement of CST for goods manufactured in India under provisions of EOU Scheme Neither I/We nor any of our partners is a partner/Director or an employee of the above named entity or its associated concerns. I fully understand that any submission made in this certificate if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in the law or otherwise warranted. Signature Stamp/seal of the Signatory Name Membership No. Full address Name and address of the Institution where registered. Date: Place: TABLE DETAILS OF GOODS BROUGHT INTO UNIT AND CENTRAL SALES TAX PAID DURING THE QUARTER (i) S.No (ii) Name and address of the supplier (iii) Nature and description of goods (iv) Quantity received and accepted (v) Invoice value accepted (vi) Invoice/Bill No. and date (vii) Date of Receipt of the goods and S. No. of entry in material receipt Register (viii) CST Amount paid (ix) C Form No. (x) Cheque/DD No. date and amount (xi) Name of Bank and Branch (xii) CST Registration No. of the supplier: Note: Table shall show sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for sowing or planting. 12. Growing media such as Peat Moss (including peat litres) whether or not agglomerated), Pearlite/ Verniculate, Rockwool, Coca peat, Hydrocorn, Foam based medium and other cultivation medium. APPENDIX-6J JURISDICTION OF SPECIAL ECONOMIC ZONES (Please see Para 6.34 of HBP) S. No Designation Address/Phone/Fax/E-mail/Website Territorial Jurisdiction 1 Development Commissioner/ Joint Development Commissioner/ Deputy Development Commissioner/ Asstt. Development Commissioner SEEPZ-SEZ,Andheri (East), Mumbai 400096, Maharashtra Fax 022-8291385/ 02228291385 E-mail : [email protected] Ph-022-28290856/28294746 Website-www.seepz.gov.in Units situated in Santa Cruz SEZ and approved EOU/SEZs located in Maharashtra, Goa, Daman and Diu, Dadra and Nagar Haveli 2 Development Commissioner/ Joint Development Commissioner/ Deputy Development Commissioner/ Asstt. Development Commissioner KASEZ, Gandhidham,Kutch-370230, Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... handigarh 7 Development Commissioner/ Joint Development Commissioner/ Deputy Development Commissioner/ Asstt. Development Commissioner FSEZ, 2nd MSO Building, 4th Floor, Nizam Place, 234/4, AJC Bose Road, Kolkata-700020 FAX : 033-22873362 E-mail :l : [email protected] Ph.-033-22872263/22874092 Website-www.fsez.gov.in Units situated in Falta Special Economic Zone and EOU/SEZs situated in West Bengal, Orissa, Bihar, Jharkhand, Assam, Tripura, Manipur, Meghalaya, Nagaland, Mizoram, Sikkim and Arunachal Pradesh. 8. Development Commissioner/ Joint Development Commissioner/ Deputy Development Commissioner/ Assistant Development Commissioner, Indore Special Economic Zone, sector-II, Pithampur, Distt. Dhar Madhya Pradesh. Tel. 91-07292-256532 E-mail: [email protected] Website: www.indoresez.nic.in Fax: 0731-4290586 Units situated in Indore Special Economic Zones and EOU/SEZs situated in Madhya Pradesh. APPENDIX-6K GUIDELINES FOR EXIT OF EOU/EHTP/STP UNITS (Please see Para 6.18 (d) of FT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng up a EOU Unit __________________________ at ________ for the manufacture and export of ____________________________________________ subject inter-alia to the condition that they would achieve positive NFE on cumulative basis as per provisions of EOU Scheme. The unit filed a legal undertaking as per APPENDIX-6E of EOU Scheme on _______________________ with the President of India through the Development Commissioner,_____ SEZ for achieving the above mentioned commitments. As against the above commitments, the unit s actual performance has been as under: - Year Import Export CG RM The unit applied for exit from the EOU Scheme which was approved vide letter No._________________________ dated _______________ subject to, inter-alia, the condition that penalty imposed by appropriate Authority under the F.T.(D R) Act, 1992, as amended, for non fulfilment of the conditions of approvals would be paid. In view of the approval for exit, I/We ________________ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Board of Approvals. An application for such takeover may be submitted through the Development Commissioner concerned to the BOA for approval. ii) The sick unit could also transfer the imported/domestically procured capital goods and raw material to another EOU units. For the buying units, it shall be treated as a domestically sourced goods for the purpose of NFE. 3. UTILISATION OF SPACE i) In event of the unit s exit from the Scheme as indicated at Para 2 (i) and (ii), the unit shall be liable to pay all the rental dues as decided by the Development Commissioner. However, if the unit is being taken over by another unit, the liability shall pass on to the unit, which is taking over the sick unit, subject to an undertaking being given by the later. However, no penal interest on rental dues shall be charged for the closure period before take-over. ii) All adjudication proceeding under FTDR Act shall remain in abeyance in case of revival/take over of sick unit and approval of it by the Board of Approval. APPENDIX-6M GUIDELINES FOR CONVERSION OF DOMESTIC TARIFF AREA (DTA) UNIT INTO EXPORT ORIENTED UNIT (EOU)/ ELECTRONIC HARDWARE TECHNOLOGY PARK (EHTP)/ S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iii) RA would accordingly process case for discharge of obligation and redemption of bond LUT executed against all the advance authorizations issued already EPCG AUTHORIZATION (4) In case there is an outstanding export commitment under EPCG Scheme, it will be added to future export obligation by adding value of capital goods to the imported capital goods value of the EOU and all previous obligations under EPCG would cease to exist on such inclusion. ANNEXURE FORM OF LEGAL UNDERTAKING FOR CONVERSION OF DTA UNIT INTO EOU M/s ___________________________ _________________ were granted Advance/ EPCG Authorization Nos._______________________ dated ________________ for manufacture and export of _____________________________________ subject, inter-alia, to condition that they would achieve required export obligation as per provisions of Duty exemption/EPCG Scheme. The unit filed a Bond with Bank Guarantee/ legal undertaking with President of India through Commissioner of Customs --------------------for achieving the above mentioned commitments. As against above commitments, the unit s actual performance has been as under: - Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. 3. The application may be sent electronically or otherwise. However the same will be treated as incomplete without the applicants own permanent e-mail and will not be considered. The application should be submitted to the Development Commissioner of the concerned Special Economic Zone (for setting up EOUs in 3 copies along with a crossed Demand Draft of ₹ 5,000/- drawn in favour of the Pay Accounts Officer, Ministry of Commerce Industry, Department of Commerce, payable at the Central Bank of India, Udyog Bhavan, New Delhi. (NO FEE SHALL BE CHARGED FOR RENEWAL/EXTENSION OF LOP/ BROAD BANDING ETC.) For Official Use only Application No. ______________________________ Date: ______________________________ Date__________Month____________Year __________ Details of Bank Draft Amount Rs. ___________________ Draft No. ___________________ Draft date ___________________ Drawn on ___________________ (Name of the Bank) Payable at ____________________ ---------------------------------------------------------------------------------------------------------------------------------------------------- Indicate ( ) Whether the Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation of the proposed undertaking Full Address __________________________ Pin code __________________________ (2) ONLY FOR PROJECTS UNDER EOU SCHEME (In case the unit is proposed to be located on leased premises, then lease should be obtained from Government or any undertaking / authority of Government. However in case lease is obtained from private parties, it shall have a validity period of five years from the date of LUT and the Development Commissioner shall satisfy himself of genuine nature of the lease.) (a) Please indicate if the proposed location is in a Centrally Notified Backward Area [Please tick ( ) the appropriate entry]. No. ______________Yes_________________ if yes, indicate category (b) Indicate whether it is within 25 Kms from the periphery of the standard urban area limit of city having population above one million according to 1991 census. Yes_____________ No. __________________ (c) Is it located in an Industrial Area/Estate designated/set up prior to issuance of Notification No. 477(E) dated 25th July,1991. Yes_____________ No. _____________ (d) If not, does it come under the category of non-polluting industries as notified by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b) Raw material, components, consumables, packing material, fuel etc. during the period of 5 years TOTAL: ------------------------ ------------------------ VIII. FOB VALUE OF EXPORTS (1 $ = Rs. ) Rupees (lakhs) US $ (Thousand) 1st year 2nd year 3rd year 4th year 5th year Total: IX. INVESTMENT: (RS. IN LAKHS) (a) Land ________________________ (b) Building ________________________ (c) Plant and Machinery ________________________ (i) Indigenous ________________________ (US $ Thousand) (ii) Import CIF value ________________________ (iii) Total (i) + (ii) ________________________ (d) Details of source(s) of finance, (both Indian as well as foreign) for the above investments X. WHETHER FOREIGN TECHNOLOGY AGREEMENT IS ENVISAGED (Please tick ( ) the appropriate entry) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... XIII. Foreign Exchange outgo on (I) Import of machinery (ii) Import of raw materials and components (iii) Import of spares and consumables (iv) Repatriation of dividends and profits to foreign collaborators (v) Royalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... __________ __________________ (percentage of 5 yrs production) (Qty.(Unit = ) Goods (In case rejects are more than 5% estimated percentage __________________ ________________ with justification may be given ___________________ _________________ Value (Rs. Lacs) XV. EMPLOYMENT (All figures in number) Existing Proposed -------------- -------------- a) Supervisory Men _______________ _______________ Women_____________ _______________ b) Non-supervisory Men Men _______________ _______________ Women_____________ _______ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-mail ___________________ Web-Site, if any ___________________ Full Residential Address_________________ DECLARATION / UNDERTAKING 1. I/We hereby declare and certify that : A. the entity for whom the application has been made have not been penalized under any of the following Acts (as amended from time to time): (i) The Customs Act, 1962, (ii) The Central Excise Act 1944, (iii) Foreign Trade (Development Regulation) Act 1992, (iv) The Foreign Exchange Management Act,1999, and (v) Under the relevant provisions of GST /CGST/SGST / UTGST/IGST Acts of 2017 B. none of the Proprietor / Partner(s) / Director(s) / Karta / Trustee of the firm / company, as the case may be, is/are a Proprietor / Partner(s) / Director(s) / Karta / Trustee in any other firm / Company which is on the Denied Entity List (DEL) of DGFT; C. neither the Registered Office / Head Office of the firm / company nor any of its Branch Office(s)/ Unit(s)/ Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... __________________ Tel. No __________________ SOME IMPORTANT GUIDELINES 1. Additional Information may be furnished by existing domestic units seeking conversion into the EOU Scheme as per annexure. 2. Normally raw material tie-ups are not insisted upon but this may be necessary in cases, such as granite/marble/sandstone products where availability of raw materials is contingent upon Government leases etc. 3. Normally lumpsum amount up to US $ 2 Million and 8% royalty (net of taxes) as amended from time to time over a period of five years from the commencement of production is allowed as per the current EOU Scheme on account of foreign technology agreement as per the norms of Department of Industrial Policy and Promotion. In addition selling agency commission is permitted as per RBI norms. ANNEXURE PROFORMA TO BE FILLED IN BY THE EXISTING DTA UNITS SEEKING CONVERSION INTO THE EOU SCHEME a) Whether conversion of DTA Unit into the EOU has been sought for the full existing capacity of the unit or the proposal is for partial conversion.(Please give details of the existing c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pital Goods (CG) imported with date and value (ii) Details of acquired indigenous CG with date and value (iii) Details of RM in stock and value (a) imported (b) indigenous Building construction: (e) Date of execution of legal undertaking : (f) Green card No. period of its validity (g) Deleted (h) Date of Execution of B-17 bond (j) Power Connection (k) whether any SCN issued by local Customs/Central Excise Commissionerate : (l) if yes, the details thereof : (m) whether adjudicated or not : (n) Total up to date Investment and item thereof: (o) Details of Employment: 5. Likely date of commencement of production 6. Whether necessary permissions from state obtained (i.e. Pollution Control Board) 7 Details of all extensions given so far (along with the conditions mentioned therein) : 8 Reasons for non implementation so far: 9. Present request and reasons: 10. Proposed phasing of the project. 11. Specific Comments/categorical recommendation of the Development Commissioner Place:__________ Signature of the Applicant _________________ Date:___________ Name i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Total III. PRODUCTION DETAILS FOR THE APPLICATION PERIOD Gross production I. Description of goods produced/ manufactured/service Total Production including rejects and waste/scrap Quantity Ex-factory value 1. 2. Total IV. DETAILS OF PHYSICAL EXPORTS FOR THE APPLICATION PERIOD FOB value of Physical Exports Value of rejected consignment, if any Net FOB value of Physical Exports 1. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PERIOD AS PER PARA 6.04 OF FTP OR LESS AS APPLICABLE Ist year IInd year IIIrd year IVth year Vth year Total (II)VALUE OF IMPORTED CG PROCURED FROM ANOTHER EOU/SEZ UNIT OR FROM A LEASING COMPANY IN THE BLOCK PERIOD AS PER PARA 06.04 OF FTP OR LESS AS APPLICABLE Ist year IInd year IIIrd year IVth year Vth year VIth year 3. AMORTISED VALUE OF CAPITAL GOODS (Please see Note below for calculation) Rs. 4. DETAILS OF IMPORTED RAW MATERIAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Signature of the Applicant _________________ Date:___________ Name in Block Letters _________________ Designation _________________ Official Seal/Stamp _____________________ Full Official address _________________ Tel. No. _________________ e-mail Address _________________ Web-Site _________________ Full Residential address __________________ Tel. No __________________ ANF-6D APPLICATION FOR EXIT FROM EOU / EHTP / STP / BTP SCHEME (Please see Para 6.18 of FTP) 1. Name Address of the unit: 2. LOI/LOP/IL No. Date: 3. Items of manufacture/service: 4. Date of commencement of production: 5. Date of completion of last five year block period 6. Copies of CA certified APRs for the period / year after completion of last five year block including for the current year) 7. Whether as per APRs (as per Sl. No. 6) the unit i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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