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PUBLIC NOTICE NO. 22/2004-09, DT. 08/11/2004

APPENDIX 29 - PROCEDURE FOR DEPOSIT/ REFUND OF IMPORT APPLICATION FEE AND OTHER FEE

In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2004-09, the Director General of Foreign Trade hereby makes the following amendment(s) in the Handbook of Procedures (Vol. I):-

1. S.No 2 pertaining to the Scale of Application fee under Appendix 29 which stipulates the “Procedure for Deposit/ Refund of Import Application Fee and Other Fee” is amended to read as under-

2. Scale of application fee	S.No	PARTICULARS	Amount of fee (in rupees)
	1.	Application for Import Licence (except for DEPB and EPCG) where the CIF value of goods specified in the application does not exceed Rupees Fifty thousand.	Two hundred
	2.	Application for Import Licence where the CIF value of the goods specified in the application exceeds Rupees Fifty thousand,	Two per thousand or part thereof subject to a minimum of Rs.Two hundred and maximum of Rs. One lakh and fifty thousand. However, for applications filed electronically, the fee would be Rs.1/1000 or part thereof subject to a minimum of Rs. Two hundred and maximum of rupees Rs. Seventy five thousand.
	3.	Application for Import Licence filed by SSI units where the CIF value goods specified in application does not exceed Rupees Two lakhs	Two Hundred
	4.	Application for grant of Duplicate Licence including Duty Entitlement Pass Book.	Two hundred
	5.	Application for issue of certificate of Importer -Exporter Code Number (IEC).	One thousand
	6.	Application for Duplicate copy of IEC No.	Two hundred
	7.	Application for issue of an Identity Card	Two hundred
	8.	Application for issue of Duplicate Identity Card.	One hundred
	9.	Application for Revalidation of an Import Licence	Two hundred
	10.	Application for Duty Entitlement Passbook (DEPB), Duty Free Credit Entitlement Certificate for service provider , Duty Free Credit Entitlement Certificate for status holder, Vishesh Krishi Upaj Yojana and Target Plus Scheme.	Five per thousand of duty credit subject to a minimum of Rs.Two hundred. However, for application filed electronically, Rs.2.50/1000 of duty credit subject to a minimum of Rs.200/-
	11.	Application for Import Licence under Export Promotion Capital Goods (EPCG) Scheme	Rs.Five per thousand of duty saved subject to a minimum of Rs.Two hundred. However, for application filed electronically, Rs.2.50/1000 of duty credit subject to a minimum of Rs.200/- and a maximum of Rs Two lakh and fifty thousand only.

NOTWITHSTANDING THE ABOVE, THE APPLICATION FEE FOR ALL APPLICATIONS FILED ELECTRONICALLY WOULD BE 50% OF THE AMOUNT SPECIFIED IN THIS TABLE”. THE WORD ‘ELECTRONICALLY’ WHEREVER APPEARING IN THIS APPENDIX WOULD MEAN ‘DIGITALLY SIGNED & SUBMITTED THROUGH’ DGFT WEBSITE(ONLINE/ OFFLINE).”

2. Appendix 9D pertaining to the Refixation of the Export Obligation under the EPCG Scheme is amended as under-

APPENDIX -9 D

APPLICATION FORM FOR REFIXATION OF EXPORT OBLIGATION UNDER EPCG SCHEME

Note: 1. Please see paragraph 5.4 (i) of the Policy and paragraph 5.19 of this Handbook.


File No	Date

1.	Name and address of the applicant	:	M/S
2.	IEC Number	:
3.	Block year of Export Obligation fulfilment	:	1st year [ ]	2nd year [ ]	3rd year [ ]	4th year [ ]
			5th year [ ]	6th year [ ]	7th year [ ]	8th year [ ]
			9th year [ ]	10th year[ ]	11th year[ ]	12th year[ ]
4.	Exports mandated under the block prescribed in row above	:	As a percentage of total exports to be made
5.	Export actually made	:	As a percentage of the total exports to be made

6. Details of EPCG licence presented for refixation of export obligation:

S.No	EPCG Licence No	Date of Issue	Export Product(s)	Capital Goods applied for import	Export obligation fixed as per imports made (in US $)	Exports actually made (In US $)	% of exports unfulfilled
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8) = 100*((6)- (7))/(6)

CIF Value of imports (in US $)	Total Customs Duty Saved (10)					Refixed Export Obligation
(9)	Basic (A)	Additional/ CVD (B)	Others (SAD, etc if applicable) (C)	Rate of Duty levied on import (D)	Total Duty saved (A+B+C-D)	(11)
						=8* (10)(8)/100 for cases where refixation application is made within 2 years from the date of issue of EPCG Licence =2(10)*(8)/100 for cases where the remaining EO is less than 2 years on the date of application for refixation

DECLARATION/UNDERTAKING

I/We hereby solemnly undertake/declare that:-

Signature of the Applicant:
Name:
Designation:
Official Address:
Residential Address :
E-mail address:

Place:
Date:

3. Appendix 36A pertaining to the Served from India Scheme is amended as under-

APPENDIX 36-A

APPLICATION FORM FOR SERVED FROM INDIA SCHEME

(Please see paragraph 3.6.4 of the Policy and 3.18 of the Handbook)


File No	Date

1. Name and Address 2. I E Code Number
3. Category of Service Provider	a) Hotels and other service providers in tourism sector b) Stand Alone Restaurants c) 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 rendered	:

Services rendered in free foreign exchange during 2003-04		Services rendered in the preceding year (in Indian rupees)	Services rendered in the current year (in Indian rupees)	Duty Free Entitlement (Rs)
Direct	Indirect
(1)		(2)	(3)	(4) =0.1(Col 2) for All service providers other than Hotels and Restaurants =0.05( Col 2) for Hotels and other service providers in the Tourism sector =0.2*( Col 2) for Standalone restaurants

4. Port of Registration(for import purposes) :

5. No. of Split Certificates required (in multiples of Rs 5 Lakhs each):

6. Details of Fee Paid:

DD/TR no: Date: Drawn on:

Declaration/Undertaking

1. I/We hereby declare that this application is based on services rendered in free foreign exchange during the preceding licensing year as per details given at Serial Number 6 above.

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 3.6.4 of the Policy based on the exports in free foreign exchange during the preceding licensing year.

5. I/We further declare that I/We shall comply with the provisions of the 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 Engineer, as the case may be, shall be produced confirming installation and use of capital goods in the importer’s 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.

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

Place:
Date:

Signature:
Name in Block Letters:
Designation:

Official Address:
Residential Address:
E. Mail address:
Official Stamp/Seal

Documents to be enclosed with the application form

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 period specified in S. No. (6) above 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 earned foreign exchange 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 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.

(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 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)

Place:
Date:

Registration No. and Date
of the Corporate Membership

Signature

Name

Official Address

Residential Address

Telephone No

Official Stamp/Seal

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

I/We hereby confirm that I/We have examined 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:

4. Following amendments are made in Appendix 27 relating to Export Promotion Councils/Commodity Boards-

S No.	Name of the Export Promotion Council	Address of the Registered Office of the Council	Product Categories covered
6	Chemicals & Allied Products Export Promotion Council	"World Trade Centre" 2nd floor, 14/1-B,Ezra Street Kolkata 700 001 Tel: (022) 22215652 (022) 22357079,22358217/19 (022) 22342416/65 Fax: 91-33-22215657 Tlx: 021-4368 Grams: CAPEXIL Email: www.capexil.com and www.capexiltrade.com Western Region Commerce Centre, Block No.D.17, Tardeo Road, Mumbai 400 034 Tel: (022) 494 3410 (022) 496 0084 Fax: 91-22-493 7665 Tlx: 011 -75191 Grams: CAPEXIL Southern Region "Rasheed Mansion" 408 Anna Salai, Chennai 600 006 Tel: (044) 8292310 (044) 8294713 Fax: 91-44-8295386 Grams: CAPEXIL Northern Region "Vandana Building, 4C 4th floor, 11, Tolstoy Marg, New Delhi-110 001 Tel: (011) 335 6703 (011) 3711479 (011) 3752282 Fax: 91-11-3314486 E.Mail. capexiln@bol.net.in Eastern Region "Tobacco House" 1 & 2 Old Court House Corner, Kolkata 700 001 Tel: (033) 220 7620 Fax: 91-33 220 6945 Tlx: 021-4368 Grams: CAPEXIL	Rubber Manufactured Products Including Footwear, Paints, Enamels And Varnishes Glass And Glassware Ceramics Refractories Cement Paper Wood products
21	Project Exports Promotion Council of India	Principal Office: H-118, Himalaya House (11th Floor), 23, Kasturba Gandhi Marg, New Delhi-110001 Ph: 011-23327550,23722425 Fax: 011-23312936 Email: info@projectexports.com Website: www.projectexports.com
26	Shellac Export Promotion Council	Vanijya Bhavan, International trade Facilitation Centre, 1/1, Wood Street, 2nd Floor, Kolkata- 700 016 Tel: 91-33-2283-4417, 2283-4697/98 Fax: 91-33-2283-4699 www.shellacepc.com	All Minor Forest Products and De-oiled Cakes/Meals covered under ITC(HS) code 13.01, 13.02, 14.01, 14.02, 14.03, 14.04, 23.04, 23.05 and 23.06 excluding Myrobaian(14041050), Heena Powder (14041019), Red Sandal Wood Powder (14041020) and Guar Gum (13023201)

5. Following new Agri Export Zones are added after Serial Number 48 in Appendix 15 pertaining to the “Agri Export Zones” as under-

S.No	Product	State	Districts covered
49	Banana	Maharashtra	Jalgaon, Dhule, Nandurbar, Buldhana, Parbhani, Hindoli, Nanded and Wardha
50	Oranges	Maharashtra	Nagpur and Amraoti
51	Lentil and Grams	Madhya Pradesh	Shivpuri, Guna, Vidisha, Raisen, Narsinghpura, Chhindwara
52	Oranges	Madhya Pradesh	Chhindwara, Hoshangabad, Betul
53	Cashewnut	Tamil Nadu	Cuddalore, Thanjavur, Pudukottai and Sivaganga
54	Sesame seeds	Gujarat	Amerali, Bhavnagar, Surendranagar, Rajkot, Jamnagar

6. Following is added at Serial number 35 of Appendix 28A pertaining to the List of IS/ISO 9000 (SERIES) / ISO- 14000 (SERIES)/ WHO-GMP /HACCP/SEI/CMM LEVEL II and other Certification Agencies-

7. Following amendments are made in sub para (vii) appearing in the Certificate of Chartered Accountant/Cost and Works Accountant/Company Secretary in Appendix 17 relating to Application for Grant of Export House-

8. Following amendments are made in Note 1 appearing in the Bank Certificate of Export Realisation/Deemed Exports for Status Certificate in Appendix 17B relating to Application for Grant of Status Certificate-

“Note: 1)* FOB/ FOR actually realised for the concerned financial year/years on the basis of which the Status is being claimed.”

9. The following note is added at the end of Serial No. 13 in Appendix 35 pertaining to the List of Agencies authorised to issue GSP certification-

“Note: An application for grant of a GSP certificate may be made by the Registered/Head Office/Branch Office/Factory of the applicant to the licensing authority under whose jurisdiction such office/factory falls.”

10. The following note is added at the end of Serial No. 2 of All India Organisations in Appendix 35B pertaining to the List of Agencies authorised to issue Certificates of Origin-Non Preferential-

“Note: An application for grant of a Certificate of Origin- Non Preferential may be made by the Registered/Head Office/Branch Office/Factory of the applicant to the licensing authority under whose jurisdiction such office/factory falls.”

11. Appendix 9 relating to Application form for grant of licences for capital goods including computer, computer sub-systems and service equipment under the EPCG scheme is amended as under-

APPENDIX - 9

APPLICATION FORM FOR GRANT OF LICENCES FOR CAPITAL GOODS INCLUDING COMPUTER, COMPUTER SUB-SYSTEMS AND SERVICE EQUIPMENT UNDER THE EPCG SCHEME

Note:


File No	Date

1. Name and address of the applicant	: M/S
2. IEC Number	:
3. Please tick the appropriate column.
(i) Manufacturer Exporter	:
(ii) Merchant Exporter	:
(iii) Service Provider (please specify as per Appendix 36)	:
4. i) Name of the applicant or his supporting manufacturer(s)/ vendor(s) SSI/ IEM No Dated Issuing Authority ii) Address of the factory/premises where the capital goods to be imported are proposed to be installed iii) Address of the jurisdictional Central Excise Authority under whom the proposed CG is to be installed iv) The manufacturing products endorsed on SSI/ Industrial Licence / IEM
v) Whether any export obligation has been imposed in the Letter of Intent/ Industrial Licence/ FC Approval If yes, give details thereof including E.O. fulfilled, if any	:Yes/ No
5. Port of Registration	:
6. (i) Name of the end products to which the proposed Capital Goods are related (ii) whether related in the pre production/ production / post production activity (please specify) (iii) Product(s) to be exported
7. Category of service provider ------------------- (If applicable) Regd.No. --------------------- Dated ---------------------- Issuing authority -----------------
8. Details of capital goods applied for import: (Tick the appropriate column)
(a) Capital goods/ jigs, fixtures, dies and moulds/ spares	[ ]
(b) New spares for old capital goods/ machinery	[ ]

S.No	Description and technical specification of the items of import	Quantity	CIF value in freely convertible currency
(1)	(2)	(3)	(4)

9. Details of duty levied/ saved:

*Total effective basic Customs duty, additional Customs duty, education cess on items to be imported/deemed to be imported (in %)	Duty to be levied under EPCG scheme (in %age)	Duty saved (in %)	CIF value of imports/deemed imports (in equivalent rupees Rs.)	Duty Saved (in Rs.)
(1)	(2)	(3) = (1)-(2)	(4)	(5)= (3)*(4)/100
	5% or 0% (in case of agro products)

*Note: In case of EPCG Licence for Projects as per para 5.1B of Policy, the basic customs duty would be 10%. Wherever, CVD is paid in cash and not subsequently CENVATed, CVD would not be taken for computation of net duty saved.

10. (i) Duty saved on the imports / deemed imports (As per column 5 in the table above) (in Rupees)	:
(ii) Export Obligation (In Rupees)	:
(iii) Export Obligation (in freely convertible currency)	:

11. Details of exports made for the same on similar export product during preceding three licensing years.

LICENSING YEAR	FOB VALUE OF EXPORTS (in Rupees)	PRODUCTS EXPORTED
[1]	[2]	[3]

12. Details of EPCG Licences already obtained which have not been redeemed:

S.No.	Licence No. and date	CIF value (In Rupees)	Export obligation fixed in freely convertible currency	Whether BG/ LUT executed	%age of export obligation fulfilled
(1)	(2)	(3)	(4)	(5)	(6)

13. Details of Fee Paid

Bank Receipt
DD/TR No.& date
Amount (Rs.)
Name of the Bank
Branch of issue

DECLARATION/UNDERTAKING

I/We hereby solemnly undertake/declare that:-

Signature of the Applicant: ____________________________
Name: ____________________________
Designation: ____________________________
Official Address: ____________________________
Residential Address : ____________________________
E-mail address: ____________________________

Place : _______________
Date : _______________

Documents to be enclosed with the application form

1. Bank Receipt (in duplicate)/Demand Draft evidencing payment of application fee in terms of Appendix-29.

2. Manufacturers illustrated pamphlets/catalogue/drawing/technical design etc.

3. Statement of exports achieved by the applicant in respect of the same/similar export product/services rendered during the preceding three licensing years duly certified by a Chartered Accountant/Cost and Works Accountant in the form given in Appendix- 23/23A.

4. Registration Certificate with the Service Tax Authorities. However this is applicable only for service providers.

5. A Chartered Engineer Certificate (two copies) certifying :-

(i) The end use of machinery sought for import under EPCG Scheme for which the proposed Capital Goods are related in the pre production/production/post production activity (explaining the end use of machinery in detail);

and/or
(ii) The essentiality of spare parts sought for import and its required quantity for existing machinery manufacturing the goods to be exported/ machinery sought for import;

and/or
(iii) The complete usage of equipments/goods sought for import under the EPCG Scheme for supply of service to overseas customers/ service consumers of any other country in India to earn free foreign exchange/supply of service in India relating to export paid in free foreign exchange.

6. Copy of Drug Manufacturing License in case of export of Pharmaceutical product or copy of IEM/SSI Registration Number in case of other products. (P N 26: dtd. 30/09/03)

7. Address of the jurisdictional Central Excise Authority under whom the proposed CG is to be installed may not be insisted in the case of Service Providers who are not registered with Service Tax authorities. A declaration from the applicant may be taken in this regard.

Annexure-I to Appendix-9

(To be furnished on the letterhead of the Chartered Engineer)

Chartered Engineer Certificate For Certifying End Use Of Capital Goods To Be Imported In Regards To Pre-Production/ Production/ Post Production Activity Of The Firm Vis-À-Vis Exports Under The EPCG Scheme

I have examined the applicant firm’s/company’s import requirement for the capital goods w.r.t their nexus with the pre production/production/post production activity undertaken by the firm/company mentioned in Col.4 of Appendix 9 and with reference to their endorsement in SSI/Industrial Licence/IEM. I hereby certify that the capital goods proposed to be imported by the licensee M/s. __________________________ under EPCG scheme is required for use at pre-production/production/ post production stage as per the details given below:-

1. Name/Model Number/Technical Specifications of the Capital Good (s)	:
2. Quantity required with justification thereof	:
3. Export products to which CG related	:
4. End use of CG for export product and the stage where and how to be used (Additional sheet, if required, may be attached)	:
5. Stepwise process/flow chart	:

Signature & Seal of Chartered Engineer
Alongwith Registration Number

12. Following Note is added at the end of Appendix 21-

“ Note: The Bank Guarantee shall be valid till the expiry of the Export Obligation period plus six months.”

13. Appendix 22A is amended to read as under-

APPENDIX - 22-A

BANK CERTIFICATE OF PAYMENTS FOR DOMESTIC SUPPLIES

NOTE: PLEASE SEE CHAPTER 4,5 AND 8 OF THE POLICY AND CHAPTER 4, 5 AND 8 OF THE PROCEDURE.

To ______________________________ (Name and address of Licensing Authority). We ________________________ (Name and address of the domestic supplier) hereby declare that we have received payment through banking channel in respect of supplies given hereunder.

Invoice			Description of goods as given in the invoice	Details of payment/ advance payment received			Date of issue of this Certificate
No.	Date	FOR value	Description of goods as given in the invoice	Cheque /DD No./ *Bank Ref. No.	Date	Amount	Date of issue of this Certificate
[1]	[2]	[3]	[4]	[5]	[6]	[7]	[8]

* The Bank Reference Number would be applicable for documents routed through bank & payments released through banking channels.

We further declare that the aforesaid particulars are correct.

Place:

Official Seal/ stamp

Signature of the domestic
supplier.
Name in block letters
Designation
Full official address
Full Residential address

: ....................

: ....................
: ....................
: ....................
: ....................

BANK's CERTIFICATE

This is to certify that we have received the amount mentioned in column 7 against invoice mentioned in column 1 above/** details mentioned in Column 5 above.

** (Please Strike out one of the options)

(Signature of the Bankers)

Full address of the Bankers
Branch and City
Official Stamp

This issues in Public interest.

(K.T. Chacko)
Director General of Foreign Trade

(File No: 01/94/180/0009 /AM05/ PC IV)

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