Wednesday, January 6, 2016

IMPORTANT POLICY AMENDMENT IN REGARD TO MEIS AND SEIS

DGFT vide Notification No.08 /2015-2020 dated 04.06.2015, be excecising the powers powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) made following important amendments.
3.02 Nature of Rewards
Duty Credit Scrips shall be granted as rewards under MEIS and SEIS. The Duty Credit Scrips and goods imported / domestically procured against them shall be freely transferable.
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The Duty Credit Scrips can be used for :
(i) Payment of Customs Duties for import of inputs or goods, including capital goods, as per DOR notification, except items listed in Appendix 3A.3 of 5
(ii) Payment of excise duties on domestic procurement of inputs or goods, including capital goods, 
(iii) Payment of service tax on procurement of services as per DoR notification.
(iv) Payment of Customs Duty and fee as per paragraph 3.18 of this Policy. ********************************************************************************* The DGFT amended the ineligible export products/category for MEIS benefits:

3.06 Ineligible categories under MEIS

The following exports categories /sectors shall be ineligible for Duty Credit Scrip entitlement under MEIS
(i) EOUs / EHTPs / BTPs/ STPs who are availing direct tax benefits / exemption.
(ii) Supplies made from DTA units to SEZ units
(iii) Export of imported goods covered under paragraph 2.46 of FTP;
(iv) Exports through trans-shipment, meaning thereby exports that are originating in third country but trans-shipped through India;
(v) Deemed Exports;
(vi) SEZ / EOU / EHTP / BPT / FTWZ products exported through DTA units;
(vii) Items, which are restricted for export under Schedule-2 of Export Policy in ITC (HS), unless specifically notified in Appendix 3B.
(viii) Service Export. (ix) Red sanders and beach sand.
(x) Export products which are subject to Minimum export price or export duty.
(xi) Diamond Gold, Silver, Platinum, other precious metal in any form including plain and studded jewellery and other precious and semiprecious stones.
(xii) Ores and concentrates of all types and in all formations.
(xiii) Cereals of all types.
(xiv) Sugar of all types and all forms, unless specifically notified in Appendix 3B.
(xv) Crude / petroleum oil and crude / primary and base products of all types and all formulations. (xvi) Export of milk and milk products, unless specifically notified in Appendix 3B.
(xvii) Export of Meat and Meat Products, unless specifically notified in Appendix 3B.
(xviii)Products wherein precious metal/diamond are used or articles which are studded with precious stones.
(xix) Exports made by units in FTWZ.
(xx) Items, which are prohibited for export under Schedule-2 of Export Policy in ITC (HS). *******************************************************************************
Amended the ineligible products/category for SEIS benefits: Amendment in Paragraph 3.09 (2) (e) to read as under: 3.09 Ineligible categories under SEIS (2) (e) Export turnover relating to services of units operating under EOU / EHTP / STPI / BTP Schemes or supplies of services made to such units.
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The DGFT amended the para 9.51 of FTP as under:
 "Service Provider" means a person providing:
 (i)    Supply of a ‘service’ from India to any other country; (Mode 1 - Cross border trade)
 (ii)   Supply of a ‘service’ from India to service consumer(s) of any other country in India;
         (Mode 2 - Consumption abroad).
 (iii)  Supply of a ‘service’ from India through Commercial presence in any other country.
         (Mode 3 – Commercial Presence.)
 (iv)  Supply of a ‘service’ from India through the
         presence of natural persons in any other country (Mode 4- Presence of natural persons.)

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