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LIVE WEBCAST ON FOREIGN TRADE POLICY

Organized By • GST& Indirect Taxes Committee of ICAI

Date • 14th May, 2020 (Thursday)

CA. Hans Raj Chugh


F.C.A, F.C.S, L.L.B, Insolvency Professional
Mobile No. +91-9811207924
Email:- hansrajchugh@icai.org
GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh
Foreign Trade Policy- Contents
Chapter 1 :- Legal Framework & Trade Facilitation

Chapter 2 :- General Provisions Regarding Imports and Exports

Chapter 3 :- Export From Indian Schemes

Chapter 4 :- Duty Exemption/Remission Schemes

Chapter 5 :- Export promotion capital goods (EPCG ) Scheme

Chapter 6 :-Exports Oriented Units (EOUS), Electronics Hardware Technology Parks (EHTPS), Software Technology Parks (STPS) and
Bio-Technology parks.

Chapter 7:- Deemed Exports

Chapter 7 (A):- Transport & Marketing Assistance (TMA)

Chapter 8 :- Quality Complaints And Disputes

Chapter 9 :- Definitions

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


INDIA’S FOREIGN TRADE: March2020

Source :Pib.gov.in_Print Release

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


MERCHANDISE TRADE
MARCH APRIL-MARCH (US $
(US $ Billion) Billion)

2018-19 [Export] 32.72 330.08

2018-19 [Import] 43.72 514.08

TRADE BALANCE -11.00 -184.00

2019-20 [Export] 21.41 314.31

2019-20 [Import] 31.16 467.19

TRADE BALANCE -9.76 -152.88

Source :Pib.gov.in_Print Release

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Monthly Data on India’s International Trade in Services
(US$ Million)
Month Receipts (Exports) Payments (Imports)
April-2019 18,062 11,402
May-2019 18,679 12,492
June-2019 18,552 11,758
July-2019 19,084 12,829
August-2019 18,244 12,006
Septemebr-2019 17,536 11,096

October-2019 17,698 10,864


November-2019 17,996 11,472
December-2019 20,004 12,555
January - 2020 18,985 12,001
February - 2020 17,725 11,067
Source: RBI_Data Release
GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh
Classification of Schemes
1. Scheme to offset infrastructural inefficiencies and associated costs for export from India.
 Exports from India Schemes
 Merchandise Exports from India Scheme (MEIS).
 Service Exports from India Scheme (SEIS).
2. Duty free import/procurement of inputs for export production
 Duty Exemption Schemes.
 Advance Authorization (AA)
 Duty Free Import Authorization (DFIA).
 Duty Remission Scheme
 Duty Drawback (DBK) Scheme
3. To enhance India’s manufacturing competitiveness by facilitating import of capital goods for producing quality goods and services.
 Export Promotion Capital Goods (EPCG) Scheme

4. Scheme to export entire production of goods and services


 Export Oriented Units (EOUs), Electronics Hardware Technology Parks (EHTPs), Software Technology Parks (STPs) and Bio-Technology Parks (BTPs)

 5. Scheme to provide a level-playing field to domestic manufacturers


 Deemed Exports

6. To provide assistance for the international component of freight and marketing of agricultural produce
 Transport and Marketing Assistance (TMA) for Specified Agriculture Products

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Classification of Schemes

• MEIS • EOU Scheme


Pre Exports Benefits

Post Exports Benefits

Pre & Post Exports Benefits


• Advance authorization • SEIS
• EPCG • Duty Drawback • Deemed Exports
• TMA

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Import Substitution
scheme Production Linked
Scheme for Promotion of Incentive Scheme (PLI) Zero Rated Supply
manufacturing of Electronic for Large Scale Electronics under GST
Components and Semiconductors Manufacturing
(SPECS)

Remission of Duties or Taxes on Rebate of State and Central Taxes


Export Product (RoDTEP) and Levies on export of
garments and mad-ups
(RoSCTL).

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Remission of Duties or Taxes on Export Product (RoDTEP)

• Cabinet approves scheme for “Remission of Duties and Taxes on Exported Products (RoDTEP)” to boost exports

• To make Indian exports cost competitive and create a level playing field for exporters in International market

• RoDTEP scheme is WTO compliant, will reimburse taxes/duties/levies at the central, state and local level, which are currently
not being refunded

• Items will be shifted in a phased manner from existing scheme MEIS to RoDTEP with proper monitoring &audit mechanism

• As and when the rates under the RoDTEP Scheme are announced for a tariff line/ item, the Merchandise Exports from India
Scheme (MEIS) benefits on such tariff line/item will be discontinued.

• The rebate would be claimed as a percentage of the Freight On Board (FOB) value of exports.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Rebate of State and Central Taxes and Levies on export of garments and mad-ups
(RoSCTL).
• Rebate of State and Central Taxes and Levies (RoSCTL) is the scheme to rebate all embedded State and Central Taxes and Levies on garments and made-ups
to enhance competitiveness of these sectors at notified rates and value caps.

• Garments shall mean goods falling under Chapters 61 or 62 of the Schedule of All Industry Rates (AIR) of Drawback

• Made-ups shall mean goods falling under chapter 63 of the Schedule of All Industry Rates (AIR) of drawback excluding tariff items 6308, 6309, 6310 and
goods in tariff items 9404 that are excluded from drawback tariff item 6304.

• Value in relation to exported garments and made-ups shall be the Free on Board (FOB) value

• Rebate of State Taxes and Levies -VAT on fuel used in transportation, captive power, farm sector, mandi tax, duty of electricity, stamp duty on export
documents, embedded SGST paid on inputs such as pesticides, fertilizers etc. used in production of raw cotton, purchases from unregistered dealers, coal used
in production of electricity and inputs for transport sector.

• Rebate of Central Taxes and Levies-central excise duty on fuel used in transportation, embedded CGST paid on inputs such as pesticides, fertilizer etc. used
in production of raw cotton, purchases from unregistered dealers, inputs for transport sector and embedded CGST and Compensation Cess on coal used in
production of electricity

• Validity of the Scheme until such time that the scheme is merged with Remission of Duties and Taxes on Exported Products (RoDTEP).

• Notified by Ministry of Textiles and administered by DGFT


GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh
Import Substitution scheme
Scheme for Promotion of manufacturing of Electronic Components and
Semiconductors (SPECS)
• Notified vide Gazette Notification No.CG-DL-E-01042020-218992 dated April 01, 2020

• Initially for 3 years from the date of its notification.

• To offset the disability for domestic manufacturing of electronic components and semiconductors

• Under the scheme financial incentive of 25% on capital expenditure for the identified list of electronic goods

• Scheme will be applicable to investments in new units and expansion of capacity/ modernization and diversification of existing units.

• Capital expenditure will be total of expenditure in plant, machinery, equipment, associated utilities and technology, including for Research &
Development
(R&D).

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Production Linked Incentive Scheme (PLI) for Large Scale Electronics
Manufacturing
• Notified vide Gazette Notification No.CG-DL-E-01042020-218990 dated April 01, 2020

• To boost domestic manufacturing and attract large investments in mobile phone manufacturing and specified electronic components,

including Assembly, Testing, Marking and Packaging (ATMP) units

• Incentive of 4% to 6% on incremental sales (over base year) of goods manufactured in India and covered under target segments, to eligible

companies.

• Validity for a period of five (5) years subsequent to the base year.
Financial Year Total Incentive (INR Crore)
Year 1 5,334
Year 2 8,064
Year 3 8,425
Year 4 11,488
Year 5 7,640
Total 40,951

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Changes in Foreign Trade Policy due to Lockdown on account of COVID-19

• Existing Foreign Trade Policy 2015-20 extended up to 31.03.2021

• Validity of recognition as Pre-shipment Inspection Agency (PSIA) extended up to 30th June 2020

• Validity of status certificate extended up to 5 Year from the date of issuance or 31.03 2021 whichever is later.

• Merchandise Exports from Indian Scheme (MEIS) Shipping bills where the Let Export (LEO) date falls during the period 01.02.2019 to 31.05.2019

application may be filed within a period of 15 months instead of 12 months

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Changes in Foreign Trade Policy due to Lockdown on account of COVID-19
Service Exports from India Scheme (SEIS)
Claim for the services rendered Date of filing of the Application
From 1st April, 2020 to 31st March, 2021 Decision on the continuation of the scheme will be taken by the
Govt. subsequently and to be notified accordingly.
From 1st April 2019 to 31st March 2020 • Services categories eligible under the SEIS scheme and the rate of reward on
such services rendered shall be notified in Appendix-3X.
• Last date for filing application shall be 12 months from the end of relevant
financial year of claim period. (i.e. 31st March 2020).
• After that late cut shall be applicable as per Para 9.02

From 1st April 2018 to 31st March 2019 Last date for filing SEIS applications shall be 31.12.2020.
• After that late cut shall be applicable as per Para 9.02.
From 1st April, 2017 to 31st March, 2018 • Claim may be filed upto 31st March 2021 with late cut after that becomes time
barred.
From 1st April, 2016 to 31st • Now Time Barred.
March, 2017

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Changes in Foreign Trade Policy due to Lockdown on account of COVID-19

• Advance Authorization Scheme :- Imports against Advance Authorization for physical exports are exempted
from Integrated Tax (IGST) and Compensation Cess upto 31.03.2021 only.(earlier this date was
31.03.2020)

• Extension in validity for import For all Advance Authorizations where the validity for import is expiring
between the 01.02.2020 and 31.07.2020, the validity stands automatically extended by six months from the
date of expiry. No separate amendment/endorsement is required on the authorization.

• Extension in export obligation period For all Advance Authorizations where export obligation period
expiring between the 01.02.2020 and 31.07.2020, the export obligation period stands automatically
extended by six months from the date of expiry. No separate application with composition fees amendment
is required for this purpose.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Changes in Foreign Trade Policy due to Lockdown on account of COVID-19
• Duty free Import Authorization (DFIA) -All Duty free Import Authorization (Transferable & Non Transferable both DFIA) where the validity of import is
expiring between 01.02.2020 and 31.07.2020 the validity stand automatically extended by further SIX MONTH FROM THE DATE OF EXPIRY.

• Export Promotion Capital Goods (EPCG) Scheme: - Capital goods imported under EPCG Authorization for physical exports are exempt
from IGST and Compensation Cess up to 31.3.2021.

• Certificate of Installation of Capital Goods Authorization holder required to submit an installation certificate within six months from date of
completion of import. However ,in case the period of six months expires during 1st February 2020 to 31st July 2020,the period for submission
of installation certificate extended by further 6 months from the original due date

• Extension in validity for import EPCG Authorization shall be valid for import for 18 months from the date of issue of EPCG Authorization.
“However, in case the validity expire between 01.02.2020 and 31.07.2020 the validity stand automatically extended by further SIX MONTH
FROM THE DATE OF EXPIRY.

• Extension in Block-wise Fulfillment of EO if the block wise export obligation period expires during 01.02.2020 and 31.07.2020, such period is
deemed to be automatically extended by further SIX MONTH FROM THE DATE OF SUCH EXPIRY.

• Extension in Export obligation period if the export obligation period expires during 01.02.2020 and 31.07.2020, such period is deemed to be
automatically extended by further SIX MONTH FROM THE DATE OF SUCH EXPIRY.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Changes in Foreign Trade Policy due to Lockdown on account of COVID-19

EXPORT ORIENTED UNITS (EOUs), ELECTRONICS HARDWARE TECHNOLOGY PARKS (EHTPs), SOFTWARE
TECHNOLOGY PARKS (STPs) AND BIO-TECHNOLOGY PARKS (BTPs)

• All such LOPs/ LOIs whose original or extended validity expires on or after 1st March 2020,may be deemed to be valid up to 31st
December,2020.

• · The imports and/ or procurement from bonded warehouse in DTA or from international exhibition held in India shall be without payment of

integrated tax and compensation cess and such exemptions would be available upto31.03.2021.

Deemed Exports.

• Frequency of application and time period for claiming TED / Drawback

• Application for TED refund / drawback may be filed within 12 months from the date of realization of 100% payment against such supplies. In cases where
payment is received in advance and supply is made subsequently, in such cases application can be filed within 12 months from the last date of such
supplies.

• In all such cases where the above dates fall on or after 1st March, 2020 the date of filing of application for refund may be deemed to be extended up to
30th September,2020.

Transport And Marketing Assistance (TMA)

Application(s) for claim of TMA required to be filed on quarterly basis i.e. for the shipments made in a particular quarter. Application for refund of
such
GST& claims for the
Indirect quarter
Taxes ending 31st
Committee March, 2019 and 30th June, 2019 may be filed up to 30th September, 2020.
of ICAI CA. Hans Raj Chugh
General Provisions

 Presently, Foreign Trade Policy 2015-20 is effective from 1st April, 2015 and shall remain in force up to 31st March, 2021

 Exports and Imports are regulated by Foreign Trade Policy notified by Central government in exercise of powers conferred by section 5 of Foreign Trade

(Development and Regulation) Act 1992.

 Exports & Imports shall be FREE except when regulated by way of :-

 Prohibition:-any goods or services, the export or import of which prohibited, are not allowed to be imported or exported.

 Restriction:- any goods or services, the export or import of which restricted, may be exported or imported only under an authorization/permission

Or exclusive trading through stat trading enterprises (STEs):-Any goods, import or export of which is governed through exclusive or special privilege

granted to STEs, may be imported exported by the concerned STEs.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


No import export without IEC
Importer-Exporter Code (IEC) Number

 An IEC is a 10 digit number which is mandatory for undertaking export/ import.

 Applicants can apply for e-IEC on the DGFT website (http://dgft.gov.in/).

 Post GST PAN shall Be the IEC number but have to applied & obtained separately from DGFT.

 Only one IEC can be obtained against a single PAN.

Registration cum membership certificate (RCMC)

For availing authorization to import/ export or any other benefit or concession under FTP 2015-20, as also to avail the services/ guidance, exporters are

required to obtain RCMC granted by the concerned Export Promotion Councils/ FIEO/Commodity Boards/ Authorities.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Mandatory documents for export/ import of goods from/into India.

 For exports of goods from India:-


1. Bill Of Lading/Airway Bill/Lorry Receipt/Railway Receipt/Postal Receipt
2. Commercial invoice and packing list*.
3. Shipping bill /bill of exports/postal bill of export.

 For Imports of goods into India:-


1. Bill Of Lading/Airway Bill/Lorry Receipt/Railway Receipt/Postal Receipt
2. Commercial invoice and packing list*.
3. Bill of Entry.

*Separate Commercial invoice and packing list would also be accepted

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Chapter 3 Schemes-MEIS or SEIS

Sl.no Old Schemes New Schemes


under FTP 2009- Under FTP 2015-20
14

1. Vishesh Krishi and Gram Udyog Yojana (VKGUY)


Agri. Infrastructure Incentive Scrip(AIIS)

Merchandise Export From India Scheme (MEIS)

2. Focus Market Scheme (FMS)

3. Focus product Scheme (FPS)

4. Market Linked Focus Products Scrip (MLFPS)

5. Served From India Scheme(SFIS) Service Exports from India


Scheme (SEIS)

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Merchandise Exports from India Scheme (MEIS)
Objective

-to offset infrastructural inefficiencies and associated costs involved in export of goods/products, which are produced/manufactured in

India, especially those having high export intensity, employment potential and thereby enhancing India’s export competitiveness.

Entitlement under MEIS

Exports of notified goods/products with ITC[HS] code, shall be rewarded under MEIS ( @ 2 % or 3%,4%, 5% or 7% as applicable).

(Appendix 3B- listed goods and rates).

Basis of Calculation of Rewards

The basis of calculation of reward would be on realized FOB value of exports in free foreign exchange, or on FOB value of exports as

given in the Shipping Bills in free foreign exchange, whichever is less, unless otherwise specified.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Merchandise Exports from India Scheme (MEIS)

Export of goods through courier or foreign post offices using e-Commerce

Exports of goods through courier or foreign post office using e commerce, as notified in Appendix 3C,

-of FOB value up to Rs.500000 per consignment shall be entitled for rewards under MEIS.

-of FOB value more than Rs 500000 per consignment then MEIS reward would be limited to FOB value of Rs.500000
only.

(Such goods can be exported in manual mode through Foreign Post Offices at New Delhi, Mumbai and Chennai. )

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Merchandise Exports from India Scheme (MEIS)
Sl. No. Chapters Products under the following chapters are not eligible for incentive under MEIS

1 Chapter-01 Live animals


2 Chapter-02 Meat and edible meat offal
3 Chapter-10 Cereals
4 Chapter-24 Tobacco and manufactured tobacco substitutes
5 Chapter-25 Salt; sulphur; earths and stone; plastering materials, lime and cement
6 Chapter-26 Ores, slag and ash
7 Chapter-27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes

8 Chapter-31 Fertilizers
9 Chapter-34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared
waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, “dental waxes” and
dental preparations with a basis of plaster

10 Chapter-43 Furskins and artificial fur; manufactures thereof


11 Chapter-47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard

12 Chapter-77 (reserved for possible future use)

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Merchandise Exports from India Scheme (MEIS)
Ineligible categories under MEIS

i. Supplies made from DTA units to SEZ units.

ii. Export of imported goods covered under paragraph 2.46 of FTP;

iii. Exports through trans-shipment, meaning thereby exports that are originating in third country but trans-shipped through
India;

iv. Deemed Exports;

v. SEZ/EOU/EHTP/BPT/FTWZ products exported through DTA units;

vi. Export products which are subject to minimum export price or export duty

vii. Export made by units in FTWZ

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
Objective

Objective of Service Exports from India Scheme (SEIS) is to encourage export of notified Services from India.

Eligibility :

• Service Providers of notified services, located in India, shall be rewarded under SEIS.

• Only Services rendered in the manner as per Para 9.51(i)-cross border trade and Para 9.51(ii) –consumption abroad shall be eligible.

(notified services and rates of rewards are listed in Appendix


3D.)

• Such service provider should have minimum net free foreign exchange earnings of US$15,000 in the year of rendering services to be

eligible for Duty Credit Scrip. For Individual Service Providers and sole proprietorship, such minimum net free foreign exchange

earnings criteria would be US$10,000 in the year of rendering services.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
"Service Provider" means a person
providing:
Category SEIS Availability

Mode-1 Supply of a ‘service’ from India to any other country; Eligible


(Cross border trade)

Mode -2 Supply of a ‘service’ from India to service consumer(s) of any Eligible


(Consumption abroad) other country;

Mode-3 Supply of a ‘service’ from India through commercial presence in Not eligible
(Commercial Presence) any other country.

Mode 4 Supply of a ‘service’ from India through the presence of Not eligible
(Presence of natural persons) natural persons in any other country

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)

Eligibility :

 Payment in Indian rupees for service charges earned on specified services, shall be treated as receipt in deemed foreign exchange as per guidelines of

RBI. (Appendix 3E)

 Net Foreign Exchange = Gross Earnings of Foreign Exchange minus Total expenses / payment / remittances of Foreign Exchange, relating to service

sector in the Financial year.

 If the IEC holder is a manufacturer of goods as well as service provider, then the foreign exchange earnings and Total expenses / payment /

remittances shall be taken into account for service sector only.

 In order to claim reward under the scheme, Service provider shall have to have an active IEC at the time of rendering such services for
which

rewards are claimed.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


SEIS - Ineligible categories
Ineligible categories under SEIS :

(1) Foreign exchange remittances other than those earned for rendering of notified services would not be counted for entitlement. Thus, other sources of

foreign exchange earnings such as equity or debt participation, donations, receipts of repayment of loans etc. and any other inflow of foreign exchange,

unrelated to rendering of service, would be ineligible.

(2) Following shall not be taken into account for calculation of entitlement under scheme:

(a) Foreign Exchange remittances:

I. Related to Financial Services Sector

(i) Raising of all types of foreign currency Loans;

(ii) Export proceeds realization of clients;

(iii) Issuance of Foreign Equity through ADRs / GDRs or other similar instruments;

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
Ineligible categories under SEIS :

(iv) Issuance of foreign currency Bonds;

(v) Sale of securities and other financial instruments;

(vi) Other receivables not connected with services rendered by financial institutions; and

(b) Payments for services received from EEFC Account;

(c) Foreign exchange turnover by Healthcare Institutions like equity participation, donations etc.

(d) Foreign exchange turnover by Educational Institutions like equity participation, donations etc.

(e) Export turnover relating to services of units operating under EOU / EHTP / STPI / BTP Schemes or supplies of services made to such units;

(f) Clubbing of turnover of services rendered by SEZ / EOU /EHTP/ STPI /BTP units with turnover of DTA Service Providers;

(h) Foreign Exchange earnings for services provided by Airlines, Shipping lines service providers plying from any foreign country X to any foreign country Y

routes not touching India at all.

(i) Service providers in Telecom Sector.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)

Service Providers of eligible services shall be entitled to Duty Credit Scrip notified rates (as given in Appendix 3D i.e. 3 % or 5% or 7% as applicable) on
net foreign exchange earned.

Free Foreign Exchange earned through international credit cards and other instruments, as permitted by RBI shall also be taken into account for
computation of value of exports.

Effective date of schemes (MEIS and SEIS)

The schemes shall come into force with effect from the date of notification of this Policy, i.e. the rewards under MEIS/SEIS shall be admissible for exports
made/services rendered on or after the date of notification of this Policy. (i.e. 01.04.2015)

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central Admissible rate in Admissible rate in
product % (on Net Foreign % (on Net Foreign
Classification Exchange earnings) Exchange earnings)
(CPC) Code 01.11.2017 to 31.03.2018 01.04.2017 to
& 30.10.2017
01.04.2018 TO 31.03.2019

1. BUSINESS SERVICES

A Professional services

a Legal services 861 7% 5%

b Accounting, auditing and bookkeeping services 862 7% 5%

c Taxation services 863 7% 5%

d Architectural services 8671 7% 5%

e Engineering services 8672 7% 5%

f Integrated engineering services 8673 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central product Admissible rate in Admissible rate in
Classification (CPC) % (on Net Foreign % (on Net Foreign
Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019

g . landscape architectural services


Urban planning and 8674 7% 5%

h Medical and dental services 9312 7% 5%

i Veterinary services 932 7% 5%

j Services provided by midwives, nurses, physiotherapists 93191 7% 5%


and paramedical personnel

B. Research and development services

a R&D services on natural sciences 851 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central Admissible rate in Admissible rate in
product Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019

b R&D services on social sciences and 852 7% 5%


humanities

c Interdisciplinary R&D services 853 7% 5%

3.10 Entitlement under


C Rental/Leasing services without
SEIS

operators

a Relating to ships 83103 7% 5%

b Relating to aircraft 83104 7% 5%


c Relating to other transport equipment 83101,83102 7% 5%
83105

D Relating to other machinery and equipment 83106-83109 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central Admissible rate in Admissible rate in
product Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019

D Other business services


.
a Advertising services 871 5% 3%
b Market research and public opinion polling 864 5% 3%
services

c Management consulting service 865 5% 3%


d Services related to management consulting 866 5% 3%

e Technical testing and analysis services 8676 5% 3%

f Services incidental to agricultural, hunting 881 5% 3%


and forestry

g Services incidental to fishing 882 5% 3%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central product Admissible rate in Admissible rate in
Classification (CPC) % (on Net Foreign % (on Net Foreign
Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019

h Services incidental to mining 883, 5115 5% 3%


i Services incidental to manufacturing 884, 885 5% 3%
j Services incidental to energy distribution 887 5% 3%

k Placement and supply services of personnel 872 5% 3%

l Investigation and security 873 5% 3%


m Related scientific and technical consulting 8675 5% 3%
services

n Maintenance and repair of equipment (not including 633, 8861- 8866 5% 3%


maritime vessels, aircraft or other transport
equipment)

o Building- cleaning services 874 5% 3%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central Admissible rate in Admissible rate in
product Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019
p Photographic services 875 5% 3%
.
q Packaging services 876 5% 3%

r Printing, publishing 88442 5% 3%

s Convention services 87909 5% 3%

2 COMMUNICATION SERVICES

Audiovisual services

a Motion picture and video tape production 9611 7% 5%


and distribution service

b Motion picture projection service 9612 7% 5%

GST& Indirect Taxes Committee of ICAI


CA. 3H7ans Raj
Service Exports from India Scheme (SEIS)

LIST OF SERVICES- APPENDIX 3D


S. No. SECTORS Central Admissible rate in Admissible rate in
product Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019
c Radio
. and television services 9613 7% 5%
d Radio and television transmission services 7524 7% 5%

e Sound recording n. a. 7% 5%

3 CONSTRUCTION AND RELATED


ENGINEERING SERVICES

A General Construction work for building 512 7% 5%

B General Construction work for Civil 513 7% 5%


Engineering

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central Admissible rate in Admissible rate in
product Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019

C Installation and assembly work 514, 516 7% 5%


D Building completion and finishing work 517 7% 5%

4 EDUCATIONAL SERVICES
(Please refer *Note 3)

A Primary education services 921 7% 5%


B Secondary education services 922 7% 5%

C Higher education services 923 7% 5%

D Adult education 924 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central Admissible rate in Admissible rate in
product Classification % (on Net Foreign % (on Net Foreign
(CPC) Exchange earnings) Exchange earnings)
Code 01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019

5 .
ENVIRONMENTAL SERVICES

A Sewage services 9401 7% 5%

B Refuse disposal services 9402 7% 5%

C Sanitation and similar services 9403 7% 5%

6 HEALTH-RELATED AND SOCIAL


SERVICES

A Hospital services 9311 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D

S. No. SECTORS Central Admissible rate in Admissible rate in


product Classification % (on Net Foreign % (on Net Foreign
(CPC) Exchange earnings) Exchange earnings)
Code 01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019

7 .
TOURISM AND TRAVEL-RELATED
SERVICES
A Hotels and Restaurants (including
catering)
a Hotel 641-643 5% 3%

b Restaurants (including catering) 641-643 5% 3%

B Travel agencies and tour operators 7471 7% 5%


services
C Tourist guides services 7472 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central Admissible rate in Admissible rate in
product Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
01.04.2018 TO 31.03.2019

8 .
RECREATIONAL, CULTURAL AND
SPORTING SERVICES
(other than audiovisual services)

A Entertainment services (including theatre, 9619 7% 5%


live bands and circus services)

B News agency services 962 7% 5%

C Libraries, archives, museums and other 963 7% 5%


cultural services

D Sporting and other recreational services 964 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D

S. No. SECTORS Central product Admissible rate in Admissible rate in


Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
&
. 01.04.2018 TO 31.03.2019

9 TRANSPORT SERVICES
(Please refer *Note 4)

A Maritime Transport Services

a Passenger transportation* 7211 7% 5%

b Freight transportation* 7212 7% 5%

c Rental of vessels with crew * 7213 7% 5%

d Maintenance and repair of vessels 8868 7% 5%

e Pushing and towing services 7214 7% 5%

f Supporting services for maritime transport 745 7% 5%

*Note 4: Under Maritime Transport Services marked with *[9A (a), (b) and (c)], the reward shall be limited to Operations from India by Indian Flag Carriers only.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D
S. No. SECTORS Central product Admissible rate in Admissible rate in
Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to
31.03.2018
&
. 01.04.2018 TO
31.03.2019

B Air transport services


a Rental of aircraft with crew 734 7% 5%
b Maintenance and repair of aircraft 8868 7% 5%
c Airport Operations and ground handling 7% 5%
C Road Transport Services
a Passenger transportation 7121, 7122 7% 5%
b Freight transportation 7123 7% 5%
c Rental of Commercial vehicles with operator 7124 7% 5%
d Maintenance and repair of road transport equipment 6112, 8867 7% 5%

e Supporting services for road transport services 744 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
LIST OF SERVICES- APPENDIX 3D

S. No. SECTORS Central product Admissible rate in Admissible rate in


Classification % (on Net Foreign % (on Net Foreign
(CPC) Code Exchange earnings) Exchange earnings)
01.11.2017 to 31.03.2018
.
&
01.04.2018 TO 31.03.2019

D Services Auxiliary To All Modes Of Transport

a Cargo-handling services 741 7% 5%

b Storage and warehouse services 742 7% 5%

c Freight transport agency services 748 7% 5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Service Exports from India Scheme (SEIS)
Services For the period Admissible Rate in %
(on NFE)

Services Notified in appendix 3D/3E 01.04.2015 to 30.10.2017 3% or 5%


.

01.11.2017 to 31.03.2018 5% or 7%
Services Notified in appendix 3D/3E-including
ground handling services

31.03.2018 onwards 5% or 7%
Services Notified in appendix 3D/3E-including i.e &
ground handling services 01.04.2018 TO 31.03.2019

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Utilization of MEIS /SEIS Scrip
 Freely transferable in open market.

 Scrip can use for the payment of :-

 Basic Customs Duty,

 Safeguard Duty

 Transitional Product Specific Safeguard duty

 Antidumping duty

 Scrip can also be use for payment of duties of Excise (on those items- not covered under GST)

 Scrip can also be use for payment of BCD and additional customs duty (safeguard, antidumping etc.) on EO default for EPCG/Advance
Authorization and for payment of application fees/composition Fees .

 Scrip CANNOT be used for payment of GST.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Common Provisions for Exports from India Schemes (MEIS and SEIS)

CENVAT/ Drawback

◦ Additional Customs duty specified under section 3(1),3(3) and 3(5) of Customs Tariff act,1975 /excise
duty paid in cash or through debit under duty credit scrip shall be adjusted as CENVAT CREDIT OR
DUTY DRAWBACK as per DoR rules or notification.

◦ Basic Custom duty paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty
Drawback as per DoR rules or notifications.

Import under lease financing

◦ Utilization of Duty Credit Scrip shall be permitted for payment of duty in case of import of capital

goods under lease financing in terms of provision in paragraph 2.34 of FTP.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Status Holders
The nomenclature of Export House, Star Export House, Trading House, Star Trading House, Premier Trading House certificate has been changed to
One, Two, Three, Four, Five Star Export House.

The criteria for export performance for recognition of status holder have been changed from Rupees to US dollar earnings.

Based on Export Performance FOB / FOR (as converted) Value (in US $ million) during current and previous three year

Status Category Export Performance FOB/FOR


(as converted) Value (in US $ million) during current and previous three years

One Star Export House 3


Two Star Export House 25
Three Star Export House 100
Four Star Export House 500
Five Star Export House 2000

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Privileges of Status Holder
Status Holder shall be eligible for privileges as under:-
 Authorization and Customs Clearances for both imports and exports may be granted on self-declaration basis;
 Input-Output norms may be fixed on priority within 60 days by the Norms Committee;
 Exemption from furnishing of Bank Guarantee for Schemes under FTP, unless specified otherwise anywhere in FTP

or HBP;
Exemption from compulsory negotiation of documents through banks. Remittance / receipts, however, would be

received through banking channels;


Two star and above Export houses shall be permitted to establish Export Warehouses as per Department of Revenue

guidelines.
Three Star and above Export House shall be entitled to get benefit of Accredited Clients Programme (ACP) as per the

guidelines of CBEC (website: http://cbec.gov.in).

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Privileges of Status Holder

 The status holders would be entitled to preferential treatment and priority in handling of their consignments by the concerned agencies.

Manufacturers who are also status holders (Three Star/Four Star/Five Star) will be enabled to self-certify their manufactured goods (as per their

IEM/IL/LOI) as originating from India with a view to qualify for preferential treatment under different preferential trading agreements (PTA), Free Trade

Agreements (FTAs), Comprehensive Economic Cooperation Agreements (CECA) and Comprehensive Economic ,Partnership Agreements (CEPA).

Subsequently, the scheme may be extended to remaining Status Holders.

 Manufacturer exporters who are also Status Holders shall be eligible to self-certify their goods as originating from India as per Para 2.108 (d) of Hand
Book

of Procedures.

Status holders shall be entitled to export freely exportable items on free of cost basis for export promotion subject to an annual limit of Rs 1 crore or 2% of

average annual export realization during preceding three licensing years whichever is lower

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Duty Exemption/Remission schemes
 Duty exemption schemes

 Advance Authorization (which includes Advance Authorization for Annual requirement scheme)

 DFIA

 Duty Remission schemes.

 Duty drawback (DBK) scheme, administered by Department of


Revenue (DoR)

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Duty exemption Schemes
Advance Authorization Scheme

 For making available duty free Inputs required to manufacture the export product (making normal wastage). Fuel ,oil , catalyst also

allowed.

 Inputs allowed as per Standard Input Output Norms with Actual User condition.

 Inputs also allowed on the basis of self ratification scheme.

 Facility available for Physical exports (including export to SEZ ),deemed exports and Intermediate supplies.

 Minimum 15% V.A.

 Time period for import 12 months from the date of issue of Authorization.(one revalidation for 6 months may be granted)

 Fulfillment of export obligation within 18 months from the date of issue of Authorization. Extension in EOP allowed for a 6 months

subject to payment of composition fees @0.5%

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Duty exemption Schemes
Advance Authorization Scheme

Other Features:

 Exemption from

 Basic customs duty

 Social welfare surcharge (SWS)

 Integrated Goods & Services tax ( IGST up to 31st March ,2021)

 Anti dumping & safeguard duty and transition product specific safeguard duty.

 Actual user

 Inputs cannot be transferred after EO completion (‘Actual User’)

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Duty exemption schemes
Advance Authorization
Scheme Other Features:
 Can be availed for
Annual requirement if
 Item notified in
SION

 Applicant has
exports in last
two FY.

 Entitlement up to
300% of the
FOB value of
physical
export/FOR in
preceding FY or
1 crore
whichever is
higher.
 Facility of ARO or
Back to Back L/C

 EO period 18 months
from date of issue of
Authorization
GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh
Duty Free Import Authorization (DFIA)

 Permits duty free imports of raw materials, consumables, fuel (both as input & for power generation), catalyst for exports/ intermediate supplies
or

deemed exports

 Basic Features:

• Based on SION

• 20% value addition

• Export shall be completed within 12 months

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Drawback

• Section-74 : Drawback allowable on re-export of duty-paid goods read with Re-Export of

Imported Goods (Drawback of Customs Duties) Rules, 1995

• Section-75 : Drawback on imported materials used in the manufacture of goods which are

exported read with the Customs and Central Excise Duties Drawback Rules, 2017.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


DUTY DRAWBACK
GOODS IMPORTED

CLEARANCE OF
GOODS FOR
H/C
AFTER PAYMENT OF
IMPORT DUTY

EXPORT

REFUND OF IMPORT DUTY


i.e. DUTY DRAWBACK
GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh
DUTY DRAWBACK

Sec. 74 Sec75
Goods imported in India & duty Goods imported into India duty
Paid thereon Paid thereon
+ +
Export after processing.
Export as Normal Export / Baggage/ Post

DRAWBACK allowed of duties of customs


Amount of DBK on any imported material used in
export after use Manufacturing / processing of such
Amount of DBK When
Within 4 year or 1*1/2 goods,
Export as such within 2 year
year As the CG may direct
From the date of payment of duty
as the case may
be

1st Notification 2nd Notification 3rd Notification


DBK= 98% of I.D
(satisfaction of the i.e. goods=WCPT i.e. Car or Goods i.e. other goods
Ac/Dc required)
Imported by Person
No. DBK shall
for his Personal & Private
be allowed Depending upon
use
Period of use
Import duty
Less: by 4%,3%,2.5%& 2% (for
each qtr or part thereof)
For 1st ,2nd ,3rd ,4th yr.
respectively
GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh
Section 74 Section 75
Meaning DBK Refund of Import duty paid on Refund of
such goods • Import duty- paid on
Imported Raw material
• Excise Duty paid on petroleum
products,

Goods eligible for DBK All goods Notified goods


Identity of goods exported Unchanged Changed
(Since Export as such) (since export after processing)
Rate of DBK As such-98% Notified rate:
After use-As per notification -all industry rate
I,II,III -brand rate
-special brand rate

Period of usage As specified in notification No such restriction

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Section 76

No Duty Drawback

1. In respect of any goods Market price < Duty drawback due <
Rs.50

2. Central Govt. is of opinion that goods are


likely to be smuggled back in India. or
may be allowed subject to restriction & conditions.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Export Promotion Capital goods (EPCG) Scheme
 Import of capital goods for pre production ,production and post production at zero custom duty.(except those specified in negative list in appendix 5F.

 Also exempt from IGST upto 30th September,2018

 Capital goods for the purpose of the EPCG scheme shall includes:

◦ Capital Goods as defined in Chapter 9 including in CKD/SKD condition thereof;

◦ Computer software systems;

◦ Spares, moulds, dies, jigs, fixtures, tools & refractories for initial lining and spare refractories; and

catalysts for initial charge plus one subsequent charge.

 Import of capital goods for Project Imports notified by Central Board of Excise and Customs is also permitted under EPCG Scheme.

 Import under EPCG Scheme shall be subject to an export obligation equivalent to 6 times of duty saved on capital goods, to be fulfilled in 6 years
reckoned from date of issue of Authorization.

 Authorization shall be valid for import for 18 months from the date of issue of Authorization. (Revalidation of EPCG Authorization shall not be
permitted.)

 Second hand capital goods shall not be permitted to be imported under EPCG Scheme.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Export Promotion Capital goods (EPCG) Scheme- Negative list (Appendix 5F)
Sr.no. Name of item Importability under EPCG

1. cables Permitted only as an integral part of Capital Goods

2. Railway wagons(excluding specialized wagons) Not permitted

3. Tractors Not permitted

4. Trucks/Tippers/Dumpers/ And Spares there of including tyres. Permitted only to mining sector

5. Motor Cars, Sports Utility Vehicle/ All purpose vehicles. Not permitted

6. Airport Ground handling Equipments. Not permitted

7. Furniture, carpets, crockery, marble, chandelier, tiles, flooring, Permitted only to hotel industry
doors for rooms, fixing panels.
8. Construction equipments viz. cranes etc. Permitted only for providing services

9. All construction materials like sheds, cement, steel. Not permitted

10. Computers and printers Not permitted

11. All second hand capital goods Not permitted

12. Capital goods (including captive plants and power generator :supply of electrical
sets of any kind) for export of electrical energy (power)

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Export Promotion Capital goods (EPCG) Scheme
Export obligation

Specific Export obligation :- 6 times of duty saved amount to be fulfilled in 6 years.

Average Export obligation:

EO under the scheme shall be, over and above, the average level of exports achieved by the applicant in the preceding
three
licensing years for the same and similar products within the overall EO period .

In case of indigenous sourcing of Capital Goods, specific EO shall be 25% less than the normal EO

Note :-Shipments under Advance Authorization, DFIA, Drawback scheme or reward schemes under Chapter 3 of
FTP; would also count for fulfillment of EO under EPCG Scheme.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Post-Export EPCG Duty Credit Scrips

• Post Export EPCG Duty Credit Scrip(s) shall be available to exporters who intend to import capital goods on full payment of applicable
duties in cash and choose to opt for this scheme.

• Basic Customs duty paid on Capital Goods shall be remitted in the form of freely transferable duty credit scrip(s), similar to those
issued under Chapter 3 of FTP.

• Specific EO shall be 85% of the applicable specific EO under the EPCG Scheme. However, average EO shall remain unchanged.

• Duty remission shall be in proportion to the EO fulfilled.

• All provisions for utilization of scrips issued under Chapter 3 of FTP shall also be applicable to Post Export EPCG Duty Credit Scrip
(s).
• All provisions of the existing EPCG Scheme shall apply insofar as they are not inconsistent with this scheme.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Transport & Marketing Assistance (TMA)

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Introduction & objective

• Introduction:- New Chapter 7 (A) / Scheme is added in the Foreign Trade Policy 2015-20 by the Department
of Commerce, Ministry of Commerce & Industry, Govt. of India. vide their notification no.58/2015-20 dated
29 march,2019 read with DOC’s notification no.17/3/2018-Ep (Agri.IV) dated 27.0022019

• Objective:-the transport and marketing for specified agricultural products scheme aims to provide assistance
for the international component of freight and marketing of agricultural produce which is likely to mitigate
disadvantage of higher cost of transportation of export of specified a agricultural products due to trans-
shipment and to promote brand recognition for Indian agricultural products in the specified overseas markets.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Coverage:

• All exporters, duly registered with relevant Export Promotion Council as per Foreign
Trade Policy, of eligible agriculture products shall be covered under this scheme.

• Eligible agriculture products- products covered under HSN chapters 1 to 24 ( exceptions


given blow).

• The assistance, as notified rates, will be available for export of eligible


agriculture products to the permissible Countries, as specified from time to time.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


List of Agriculture products not eligible under TMA

Chapter HS Code Description

Chapter 1, 2 & All HS -Live animals


5 -Meat and Edible Meat Offal
Codes -Products of Animal Origin, not elsewhere specified or included
Chapter 3 030617 -other shrimps and prawns :
Chapter 4 0401 -Milk and cream, not concentrated nor containing added sugar or other sweetening matter.

0402 -Milk and cream, concentrated or containing added sugar or other sweetening matter.

0403 -Buttermilk, curdled milk and cream, yogurt, kephir, and other fermented or acidified milk and
cream, whether or not concentrated or containing added sugar or other sweetening matter or flavored
or containing g added fruit, nuts or cocoa.

0404 -whey, whether or not concentrated or containing added sugar or other sweetening matter, products
consisting of natural milk constituents, whether or not containing added sugar or other sweetening
matter, not elsewhere specified or included.

Continue…..

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


List of Agriculture products not eligible under TMA

Chapter HS Code Description

0405 -Butter and other fats and oils derived from milk; dairy spreads
0406 -Cheese and curd
Chapter 7 0703 -Onions, shallots, garlic, leeks, and other alliaceous vegetables, fresh or chilled

Chapter 10 1001, -Wheat and Meslin


1006 -Rice
Chapter 13 & 14 All HS Codes -Lac; Gums, Resins and other vegetable saps and Extracts
-Vegetable plaiting Materials; Vegetable Products not elsewhere specified or included

Chapter 17 1701, -Cane or Beet Sugar or chemically pure Sucrose, In solid form-Raw sugar not
1703 containing Added flavoring or Colouring matter
-Molasses resulting from the extraction or refining of sugar

Chapters 22 and All HS Codes -Beverages, Spirits and Vinegar


24 -Tobacco and Manufactured Tobacco Substitutes

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Notified Rates:
Region Amount per TEU Amount per TEU By Air
(Normal) (Reefer) Amount per tonne
West Africa 11200 19600 840
EU 9800 21000 1120
Gulf 8400 14000 700
North America 21000 28700 2800
ASEAN 5600 12600 700
Russia & CIS 12600 22400 700
Far East 8400 12250 840
Oceana 16800 24500 2800
China 0 12600 840
South America 23800 31500 3500

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Permissible Countries
Region Country Name

West Africa Benin, Mali, Burkina, Faso, Mauritania, Ivory, Coast, Niger, Cape, Verde, Nigeria

EU Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia,
Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Poland,
Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom,
Vatican City

Gulf Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates
North Antigua and Barbuda, Bahamas, Barbados, Belize, Canada, Costa Rica, Cuba, Dominica, Dominican Republic, EI
America Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Saint Kitts and Nevis, Saint
Lycia, Saint Vincent and the Grenadines, Trinidad and Tobago, United states of America

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Permissible Countries

Region Country Name


ASEAN Brunei, Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand,
Vietnam
Russia & CIS Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russia,
Tajikistan, Turkmenistan, Ukraine, Uzbekistan
Far East Japan, North Korea, South Korea

Oceana Australia, Fiji, Kiribati, Marshall Islands, Micronesia , Nauru, New Zealand, Palau, Papua, New Guinea,
Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu
China PRC China, Hong Kong, Taiwan

South America Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Peru, Paraguay, Suriname, Uruguay, Venzuela

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Applicability: -

• The Scheme would be applicable for a period as specified from time to time. Presently the scheme
would be available for exports affected from 01.03.2019 to 31.03.2020

• Pattern of Assistance: - Assistance under TMA would be provided in Cash through direct bank
transfer as part of reimbursement of freight paid.FOB supplies where no freight is paid by Indian
exporter are not covered under this scheme

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


The following exports categories/sectors shall be ineligible under this scheme

• Products exported from SEZs/EOUs/EHTPs/STPs/BTPs/FTWZs;

• SEZ/EOU/EHTPs/STPs/BTPs/FTWZs products exported through DTA units.

• Exported of imported goods covered under paragraph 2.46 of FTP.

• Export through trans shipment, i.e. exports that are originating in third Country but trans shipped through India.

• Items, which are restricted or prohibited for export under schedule -2 of Export Policy in ITC (HS), unless
specifically notified.

• Export Products which are subject to minimum Export Price or export duty, unless specifically;

• Export of Goods through Courier or foreign post offices using e-commerce.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Procedure for Availing Assistance under Scheme

• Application for claiming assistance under this scheme can be filed by registered and eligible exporter, having a valid RCMC issued by
the competent Authority.

• The application can be made by corporate office/Registered office/Head office/Branch office or Manufacturing unit.

• Application for TMA would be filed to the RAs headed by Additional DGFT.

• The application shall be filled up online on DGFT’s website (http://dgft.gov.in/) along with the application fee as prescribed in
Appendix-2K .

• A physical copy of the print out of ANF-7(A)A along with prescribed documents shall also be filed manually with RA concerned
within 30 days from the date of submission of online application using e-commerce..

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Procedure for Availing Assistance under Scheme

• Application for claim of TMA will be made on quarterly basis i.e. for the shipments made in a particular quarter, online claims should be filed within a

period of one year from the completion of the quarter in which exports have been made .

• TMA claim would be available on shipment basis. All claims for shipments made in a particular quarter should be bunched together and submitted as a

single application along with Chartered Accountant (CA) / Cost and Work Accountant (ICWA) / Company Secretary (CS) certificate in the format as

given in the Annexure A to ANF-7(A)A.

• Non-submission of the physical copy of the application along with the prescribed documents within 30 days after filing online, shall be result in non-

acceptance of application by DGFT and shall be rejected

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Documents Required:-
All applications should be submitted in ANF-7(A)A (duly filled up online) along with copies of the following documents duly self certified

 EP Copy of shipping bill(s) / Airway bill(s);

 Commercial invoice;

 On board bill of lading, in case of shipment by sea;

 Certificate of chartered accountant (CA) / cost and works Accountant (ICWA) / Company Secretary (CS) .

 Proof of landing .

 Exporter may refer to the guidelines / instruction given in Application form before filling online application and submitting physical copy with

RA.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Key Points
• Mandatory to apply online at the www.dgft.gov.in portal with concerned Jurisdictional RA headed by Addl. DGFT.

• No document is required to be uploaded while filing the application on DGFT's website.

• A printout of the uploaded application along with the self certified copies of the requisite documents should be submitted to the concerned RA within 30
days of submission of online application.

• Separate applications are required to be filed for separate quarters in a Licensing year based on date of export as mentioned in Shipping Bill.

• The application can be filed within one year of completion of a quarter after that the application would become time barred .

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Key Points-

• The Assistance would be provided in cash through direct bank transfer.

• TMA will be based on the freight paid for a full Twenty-feet Equivalent Unit (TEU) containers. A forty feet container will be
treated as two TEUs.

• The scheme is not available for Less than Container Load (LCL); container having both eligible and ineligible category of cargo
and for the cargo if shipped I bulk/break bulk mode.

• Assistance for products exported by air would be based on per ton freight charges on net weight of the export cargo, calculated
on the full ton basis, ignoring any fraction thereof.

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Key Points-

• FOB supplies where no freight is paid by Indian exporters are not covered under this scheme.

• The scheme is admissible for the exports made through EDI ports only.

• The Applicants are required to submit the original copies of CA Certificate (Annexure A) and Proof of landing certificate for

all exports in the application for exports made (Annexure B).

• Fee for application for reimbursement of benefits under Transport and Marketing Assistance (TMA) will be Rs. 1000/- notified vide

Public Notice No. 02/2015-20 Dt. 05.04.2019

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh


Thank You
CA. Hans Raj Chugh
F.C.A, F.C.S, L.L.B, Insolvency Professional
Mobile No. +91-9811207924
Email:- hansrajchugh@icai.org

GST& Indirect Taxes Committee of ICAI CA. Hans Raj Chugh

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