5.22
Post Export EPCG Duty Credit Scrip(s)
(a) Exporters can exercise this option by filing an application in ANF5A with the concerned RA, selecting an option for this Scheme.
(b) For importing Capital Goods, all applicable duties shall be paid in cash by the exporter.
(c) RA shall issue an Authorization specifying
(i) “Not for imports” on the body of the Authorization;
(ii) Average EO, if any;
(iii) Specific EO @ 85% of the applicable specific EO, computed as if the imports were to take the benefit of duty exemption; and,
(iv) EOP, which shall commence from the Authorization issue date.
(d) Exporter can file request, in ANF5B, for issuance of Duty Credit Scrip(s) in proportion to the EO completed within the specified EOP. Only for first such application proof of actual duty payments on Capital Goods (including proof of duty CENVATed or otherwise), nexus and installation certificate(s) of Capital Goods shall be submitted alongwith proof of fulfilment of EO. Subsequently, only proof of fulfilment of EO additionally completed vis-à-vis specific EO fixed (as in c(iii) above) may be submitted, unless there has been any changes in documents / proofs submitted earlier.
(e) RA shall issue freely transferable duty credit scrip(s) equivalent to proportionate EO fulfilled.
(f) The computation of freely transferable Duty Credit Scrip(s) will be based on basic customs duty amount paid.
(g) Where the exporter has obtained EPCG authorisation under Para 5.22 (c) of HBP v1, declaring that he shall not avail CENVAT Credit, the Export Obligation shall be fixed with reference to the basic customs duty paid. In such cases Duty Credit Scrip will be issued based on the certificate from Central Excise regarding non-availment of CENVAT credit. Such certificate from central excise regarding non-availing of CENVAT credit will not be required where the unit is not registered with central excise.
(h) All provisions of the existing EPCG Scheme shall apply insofar as they are not inconsistent with this scheme.
(i) The CG imported under para 5.11 of FTP shall not be disposed of till the date of last export for offsetting EO against such CG.
(j) In case of re-export of CG found defective or unfit for use as per the provisions of para 5.16 of HBPv1 if the exporter claims drawback on such re-export there would be no remission of duty under para 5.11 of FTP
[Para 5.22 - Post Export EPCG Duty Credit Scrip(s) has been subsituted has been PUBLIC NOTICE No.01/2013, DT. 18/04/2013 ]
[OLD 5.23
Post Export EPCG Duty Credit Scrip(s)
(a) Exporters can exercise this option by filing an application in ANF5A with the concerned RA, selecting an option for this Scheme.
(b) For importing Capital Goods, all applicable duties shall be paid in cash by the exporter.
(Above sub-para (b) amended vide PN NO. 12/2012, DT. 26/07/2012)
[OLD- (b) For importing or procuring Capital Goods, all applicable duties shall be paid by the exporter. ]
(c) RA shall issue an Authorization specifying
(i) “Not for imports” on the body of the Authorization;
(ii) Average EO, if any;
(iii) Specific EO @ 85% of the applicable specific EO, computed as if the imports were to take the benefit of duty exemption; and,
(iv) EOP, which shall commence from the Authorization issue date.
(d) Exporter can file request, in ANF5B, for issuance of Duty Credit Scrip(s) in proportion to the EO completed within the specified EOP. Only for first such application proof of actual duty payments on Capital Goods (including proof of duty cenvated or otherwise), nexus and installation certificate(s) of Capital Goods shall be submitted alongwith proof of fulfilment of EO. Subsequently, only proof of fulfilment of EO additionally completed vis-à-vis specific EO fixed (as in c(iii) above) may be submitted, unless there has been any changes in documents / proofs submitted earlier.
(e) RA shall issue freely transferable duty credit scrip(s) equivalent to proportionate EO fulfilled.
(f) The computation of freely transferable Duty Credit Scrip(s) will be based on basic customs duty amount paid.
(g) Where the exporter has obtained EPCG authorisation under Para 5.23 (c) of HBP v1, declaring that he shall not avail CENVAT Credit, the Export Obligation shall be fixed with reference to the basic customs duty paid. In such cases Duty Credit Scrip will be issued based on the certificate from Central Excise regarding non-availment of CENVAT credit. Such certificate from central excise regarding non-availing of CENVAT credit will not be required where the unit is not registered with central excise.
(Above sub-para (f) & (g) has been replaced vide PN. NO. 48/2012, DT. 08/02/2013)
[OLD- (f) The computation of freely transferable duty credit scrip(s) will be based on duty paid amount (not cenvated), instead of duty saved amount.]
[OLD- (g) (i) Bill of Entry indicates the duty paid on the import made. Subsequently, Cenvat Credit, if availed, shall not be taken into account for grant of duty credit scrip. In the absence of a certificate from the jurisdictional Central Excise Authority stating that ‘Cenvat Credit on this Bill of Entry(ies) has not been availed and will not be availed in future’ no duty credit scrip would be granted on the CVD component. In all cases where CVD portion is considered for grant of duty credit scrip, RA shall endorse the Bill of Entry(ies) to this effect, mentioning that CVD Portion shall not be Cenvatable and send a communication to the same jurisdictional Central Excise Authority informing the details along with relevant list of Bill of Entry(ies).
(ii) Such certificate from Central Excise shall, however, not be required in case (a) the unit is not registered with Central Excise, or (b) the unit has opted out of Central Excise net or (c) the end product is not subject to Central Excise duty.]
(Above sub-para (g) amended vide PN NO. 12/2012, DT. 26/07/2012)
[OLD - (g) Duty Paid amount will evidenced from the Bill of Entry/Central Excise Gate Pass (in case of sourcing under Para 5.6 of FTP) alongwith proof of Cenvat availment or otherwise.]
(h) All provisions of the existing EPCG Scheme shall apply insofar as they are not inconsistent with this scheme.
(i) The CG imported under para 5.11 of FTP shall not be disposed of till the date of last export for offsetting EO against such CG.
(j) In case of re-export of CG found defective or unfit for use as per the provisions of para 5.16 of HBPv1 if the exporter claims drawback on such re-export there would be no remission of duty under para 5.11 of FTP.
(Above sub-para (i) & (j) has been added vide PN. NO. 48/2012, DT. 08/02/2013)]