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DGFT Hand Book of Procedures Forms & Appendix (01/04/2003 to 31/08/2004) APPENDIX - 36A

APPENDIX 36-A
APPLICATION FORM FOR DUTY FREE ENTITLEMENT TO SERVICE PROVIDERS

(Please see paragraph 3.8 of the Policy and 3.18 of the Handbook)

FOR OFFICIAL USE

File No.:

Date:

1. Name and address	: ......................................................................
2. I E Code Number	: ...................................
3. Category of service provider	: a) Hotels/ Stand-alone restaurants b) Others (pl. indicate serial number as per Appendix-36)
4. Whether holding a status certificate	: Yes/No. [ ]
5. Service Tax Registration No: (unless exempted)
6. Details of services	:

Services rendered in free foreign exchange						Average service rendered in the preceding three years (in Indian rupees)	Duty free entitlement
2000-01 (1)		2001-02 (2)		2002-03 (3)			Duty free entitlement
Direct	*Indirect	Direct	*Indirect	Direct	*Indirect	(4)	(5) = 0.1(4) /0.05(4) for hotels and restaurants

7. Port of Registration (for import purposes) :ЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕ

DECLARATION

I/We hereby declare that this application is based on services rendered in free foreign exchange during the preceding three licencing year.

I/We further certify that I/We am/are authorised to verify and sign the statement on behalf of the applicant.

I/We fully understand that any information furnished in the above statement, if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

I/We further declare that I/We has/have not applied nor obtained another duty entitlement certificate issued under paragraph 3.8 of the Policy based on the exports in free foreign exchange during the preceding three licencing year.

I/We further declare that I/We shall comply with the provisions of the Exim Policy/Handbook of Procedure (Vol.1) and the relevant Customs notification while importing the goods under the scheme and subsequent use of the same under actual user condition.

1. I/We further declare that in respect of capital goods, a certificate from jurisdictional Deputy Commissioner Central Excise, Assistant Commissioner of Central Excise or an independent Chartered Accountant, as the case shall be produced confirming installation and use of capital goods in the importerТs factory or premises, within six months from the date of imports or within such extended period as the said Deputy Commissioner of Customs or Assistant Commissioner of Customs may allow.

2. I/We declare that the receipts of foreign exchange (including payment through international credit cards for one & two star hotels and standalone restaurants) are for bonafide service transactions rendered by the applicant and no services have been purchased from third parties for availing the duty free entitlement facility.

Signature :.............................
Name in Block Letters :.............................
Designation :.............................
Place :.............................
Date ......... Full Official Address :.............................
Residential Address :.............................
E.Mail address :.............................

Official Stamp/ Seal

CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT/COMPANY SECRETARY

I/We hereby confirm that I/We have examined the prescribed registers and also the relevant records of M/s................. for the validity period of Duty Free Credit Entitlement Certificate ............ and hereby certify that:

(i) M/s............................... (Name and address of the applicant) who is a service provider under the category .......... at S.No. ......... of Appendix-36 have made imports under the Duty Free Credit Entitlement Certificate as per the details supplied at Sl.No.6.

(ii) The following documents/records have been furnished by the applicant for services provided against Direct/Indirect foreign exchange and have been examined and verified by me/us:

In respect of direct foreign exchange earnings, we have verified the certified statements from the Banker/ Chartered Accountant of Foreign Exchange Earnings. In respect of *indirect forex earnings duly certified by Chartered Accountant such as amount received from Travel agents/Tour Operators, Foreign Airlines for stay of Crew and Catering, UN organizations and Diplomatic Missions and Encashment Certificate from authorized dealers and others in terms of DGFT Policy circular no.60/97-2002 dated 24.12.1998.

The financial information given in the above statement is in agreement with the relevant register and records; the same has been incorporated in the books of accounts maintained by the Service provider; and is also true and correct.

It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

Neither I, nor any of my partners is a partner, director, or an employee of the above-named entity or its associated concerns;

I/we fully understand that any statement 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 law or otherwise warranted.

(* Strike out whichever are not applicable)

Place..........
Date...........

Signature.............................
Tel.No. ............................

Official Stamp/ Seal

Regn. No. and Date of the
Corporate Membership..........

BANKERS CERTIFICATE (FOR ONE & TWO STAR HOTELS, STANDALONE RESTAURANTS)

I/We hereby confirm that I/We have examined the also the relevant records of M/s................. for the validity period of Duty Free Credit Entitlement Certificate ............ and hereby certify that:

1. We certify that all payments have been made through international credit cards in free foreign exchange as per RBI guidelines in this regard.

2. We have examined all the Foreign Inward Remittance Certificates (FIRC) relating to the transactions for services rendered.

3. We certify that there has been no violation of FEMA in the case of these inward remittances.

Authorised Foreign Exchange Dealer Code No:
Alloted By RBI, ________________
Reference No: __________________
Date:___________________________
Place:__________________________

Bankers name and Address: _____________________________________________

Signature of banker:_________________________

Official Stamp:

Documents to be enclosed with the application form

1. Copy of the service tax registration if applicable.

(Above Appendix - 36A has been amended vide PN. No. 40/2003, DT. 28/01/2004)

[OLD -
APPENDIX 36-A
APPLICATION FORM FOR DUTY FREE ENTITLEMENT TO SERVICE PROVIDERS
(Please see paragraph 3.8 of the Policy and 3.18 of the Handbook)

FOR OFFICIAL USE

File No.:

Date:

1.	Name and address	: ЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕ ЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕ
2.	I E Code Number	: ЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕЕ
3.	Category of service provider	: a) Hotels and service providers in tourism c sector. b) Others c (Pl. indicate serial number as per Appendix 36)
4.	Whether holding a status certificate	: Yes/No. c
5.	Service Tax Registration No (unless exempted)	:
6.	Details of services	:

Services rendered in free foreign exchange			Average service rendered in the preceding three years (in Indian rupees)	Duty free entitlement
2000-01	2001-02	2002-03		Duty free entitlement
(1)	(2)	(3)	(4)	(5) = 0.1 * (4)/0.05 * (4) for hotels
а	а	а	а	а

7. Port of Registration (for import purposes):-------------------------------

(Above S.No. 7. has been added vide PN. NO. 18/2003, DT. 24/07/2003)

Declaration

1. I/We hereby declare that this application is based on services rendered in free foreign exchange during the preceding three licensing year.

2. I/We further certify that I/We am/are authorised to verify and sign the statement on behalf of the applicant.

3. I/We fully understand that any information furnished in the above statement, if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

4. I/We further declare that I/We has/have not applied nor obtained another duty entitlement certificate issued under paragraph 3.8 of the Policy based on the exports in free foreign exchange during the preceding three licensing year.

5. I/We further declare that I/We shall comply with the provisions of the Exim Policy/Handbook of Procedure (Vol.1) and the relevant Customs notification while importing the goods under the scheme and subsequent use of the same under actual user condition.

6. I/We further declare that in respect of professional equipments, a certificate from jurisdictional Deputy Commissioner Central Excise, Assistant Commissioner of Central Excise or an independent Chartered Accountant, as the case shall be produced confirming installation and use of capital goods in the importerТs factory or premises, within six months from the date of imports or within such extended period as the said Deputy Commissioner of Customs or Assistant Commissioner of Customs may allow.

а	Signature:.......................................... Name in Block Letters:.......................................... Designation:.......................................... Place:..........................................
Date:............................	Full Official Address:.......................................... Residential Address:.......................................... E. Mail address:.......................................... OfficialStamp/Seal

CERTIFICATE OF CHARTERED ACCOUNTANT/ COST AND WORKS ACCOUNTANT/COMPANY SECRETARY

I/We hereby confirm that I/We have examined the prescribed registers and also the relevant records of M/s ЕЕЕЕЕЕЕЕЕЕЕ.. for the period specified in S. No. (6) above and hereby certify that:

M/s ЕЕЕЕЕЕЕЕЕЕ (Name and address of the applicant) who is a service provider under the category ЕЕЕЕЕЕ at S. No. ЕЕЕЕ of Appendix-36 have earned foreign exchange as per the details supplied at Sl. No. 6

The following documents/records have been furnished by the applicant for services provided against Direct/Indirect foreign exchange and have been examined and verified by me/us:

In respect of direct foreign exchange earnings, we have verified the certified statements from the Banker/ Chartered Accountant of Foreign Exchange Earnings. In respect of indirect forex earnings duly certified by Chartered Accountant such as amount received from Travel agents/ Tour Operators, Foreign Airlines for stay of Crew and Catering, UN Organisations and Diplomatic Missions and Encashment Certificate from authorized dealers and others in terms of DGFT Policy circular no. 60/97-2002 dated 24.12.1998.

The financial information given in the above statement is in agreement with the relevant register and records; the same has been incorporated in the books of accounts maintained by the Service provider; and is also true and correct.

It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

Neither I, nor any of my partners is a partner, director, or an employee of the above-named entity or its associated concerns;

I/we fully understand that any statement made in this certificate, if approved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

(* Strike out whichever are not applicable)

а	Signature.................................
Place ....................	Tel. No....................................
Date:....................	Official Stamp/Seal
Regn. No. and Date of the Corporate Membership ЕЕЕЕЕЕЕЕЕ

Documents to be enclosed with the application form

1. Copy of the service tax registration if applicable.

(Appendix 36A has been amended vide PN. No. 8/2003, Dt. 14/05/2003)

[OLD -
APPENDIX - 36A
APPLICATION FORM FOR DUTY FREE ENTITLEMENT TO SERVICE PROVIDERS

(Please see paragraph 3.8 of the Policy and 3.18 of the Handbook)

FOR OFFICIAL USE
File No.:-------------------------------- Date:------------------------------

1.	Name and address	:	...................................................... ...................................................
2.	I E Code Number	:	...................................
3.	Category of service provider	:	a) Hotels b) Others (pl. indicate serial number as per Appendix-36)
4.	Whether holding a status certificate	:	Yes/No. [ ]
5.	Service Tax Registration No : (unless exempted)	а	а
6.	Details of services:

Services rendered in free foreign exchange			Average service rendered in the preceding three years (in Indian rupees)	Duty free entitlement
2000-01	2001-02	2002-03	а	а
(1)	(2)	(3)	(4)	(5) = 0.1(4)/0.05(4) for hotels
а	а	а	а	а

DECLARATION
1. I/We hereby declare that this application is based on services rendered in free foreign exchange during the preceding three licencing year.

2. I/We further certify that I/We am/are authorised to verify and sign the statement on behalf of the applicant.

3. I/We fully understand that any information furnished in the above statement, if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

4. I/We further declare that I/We has/have not applied nor obtained another duty entitlement certificate issued under paragraph 3.8 of the Policy based on the exports in free foreign exchange during the preceding three licencing year.

Signature	:.............................
Name in Block Letters	:.............................
Designation	:.............................
Place	:.............................
Date	:...................
Full Official Address	:.............................
Residential Address	:.............................
E.Mail address	:.............................
а	Official Stamp/ Seal

CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT/ COMPANY SECRETARY
I/We hereby confirm that I/We have examined the prescribed registers and also the relevant records of M/s................. for the validity period of Duty Free Credit Entitlement Certificate ............ and hereby certify that:

i) M/s............................... (Name and address of the applicant) who is a service provider under the category .......... at S.No. ......... of Appendix-36 have made imports under the Duty Free Credit Entitlement Certificate as per the details supplied at Sl.No.6.

ii) The following documents/records have been furnished by the applicant for services provided against Direct/Indirect foreign exchange and have been examined and verified by me/us:

In respect of direct foreign exchange earnings, we have verified the certified statements from the Banker/ Chartered Accountant of Foreign Exchange Earnings. In respect of indirect forex earnings duly certified by Chartered Accountant such as amount received from Travel agents/Tour Operators, Foreign Airlines for stay of Crew and Catering, UN organizations and Diplomatic Missions and Encashment Certificate from authorized dealers and others in terms of DGFT Policy circular no.60/97-2002 dated 24.12.1998.

iii) The financial information given in the above statement is in agreement with the relevant register and records; the same has been incorporated in the books of accounts maintained by the Service provider; and is also true and correct.

iv) It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

v) It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

vi) Neither I, nor any of my partners is a partner, director, or an employee of the above-named entity or its associated concerns;

vii) I/we fully understand that any statement 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 law or otherwise warranted.

(* Strike out whichever are not applicable)

Place..........

Signature.............................
Tel.No. ............................

Date...........

OfficialStamp/ Seal

Regn. No. and Date of the
Corporate Membership..........

Documents to be enclosed with the application form

1. Copy of the service tax registration if applicable.] ]

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