Skip to main content

Duty Drawback under Deemed Exports

As per point (i) of para 7.01 and para 7.02 of the Foreign Trade Policy (2015-20),

Quote

“7.01 Deemed Exports

(i) “Deemed Exports” for the purpose of this FTP refer to those transactions in which goods supplied do not leave country, and payment for such supplies is received either in Indian rupees or in free foreign exchange. Supply of goods as specified in Paragraph 7.02 below shall be regarded as “Deemed Exports” provided goods are manufactured in India.

7.02 Categories of Supply

Supply of goods under following categories (a) to (d) by a manufacturer and under categories (e) to (h) by main / sub-contractors shall be regarded as “Deemed Exports”:

A. Supply by manufacturer:

(a) Supply of goods against Advance Authorisation / Advance Authorisation for annual requirement / DFIA;

(b) Supply of goods to EOU / STP / EHTP / BTP;

(c) Supply of capital goods against EPCG Authorisation;”

Unquote

Further, para 7.03 of the Foreign Trade Policy (2015-20) says,

Quote

“7.03 Benefits for Deemed Exports

Deemed exports shall be eligible for any / all of following benefits in respect of manufacture and supply of goods, qualifying as deemed exports, subject to terms and conditions as given in HBP and ANF-7A:

(a) Advance Authorisation / Advance Authorisation for annual requirement / DFIA.

(b) Deemed Export Drawback for BCD.

(c) Refund of terminal excise duty for excisable goods mentioned in Schedule 4 of Central Excise Act 1944 provided the supply is eligible under that category of deemed exports and there is no exemption.”

Unquote

Considering the above quoted paras of the FTP 2015-20, your transaction should be qualified as deemed exports as per paras 7.01 & 7.02, and should be subject to terms and conditions as per Handbook of Procedures (2015-20) as well as ANF-7A. For your reference we have reproduced the terms and conditions given as following,

The para 7.06 of the Foreign Trade Policy (2015-20) says,

Quote

“7.06 Conditions for refund of deemed export drawback

Supplies will be eligible for deemed export drawback as per para 7.03 (b) of FTP, as under:

Refund of drawback on the inputs used in manufacture and supply under the said category can be claimed on ‘All Industry Rate’ of Duty Drawback Schedule notified by Department of Revenue from time to time provided no CENVAT credit has been availed by supplier of goods on excisable inputs or on ’Brand Rate Basis’ upon submission of documents evidencing actual payment of basic custom duties.

7.07 Common conditions for deemed export benefits

(i) Supplies shall be made directly to entities listed in the Para 7.02. Third party supply shall not be eligible for benefits/ exemption.

(ii) In all cases, supplies shall be made directly to the designated Projects/ Agencies/ Units/ Advance Authorisation/ EPCG Authorisation holder. Sub-contractors may, however, make supplies to main contractor instead of supplying directly to designated Projects/ Agencies. Payments in such cases shall be made to sub-contractor by main-contractor and not by project Authority.

(iii) Supply of domestically manufactured goods by an Indian Sub-contractor to any Indian or foreign main contractor, directly at the designated project’s/ Agency’s site, shall also be eligible for deemed export benefit provided name of sub-contractor is indicated either originally or subsequently (but before the date of supply of such goods) in the main contract. In such cases payment shall be made directly to sub-contractor by the Project Authority.”

Unquote

Please refer to the following references regarding Deemed Exports:

You can get further information on Deemed Exports.

Also, get the latest updates on Duty Drawback.

Your views are welcomed :)

Thank you!

Labels:

Comments

Post a Comment

Popular posts from this blog

Mutual Recognition Arrangements (MRAs) in International Trade

Introduction In an increasingly interconnected global economy, efficient and secure cross-border trade is essential. Customs administrations play a pivotal role in ensuring the smooth flow of goods while safeguarding national security. The concept of Mutual Recognition Arrangements (MRAs) has gained prominence as a strategic approach to achieving these twin objectives. Understanding MRAs 1. Definition and Purpose An MRA is a formal agreement between two or more Customs administrations. Its primary purpose is to recognize and accept the Authorized Economic Operator (AEO) programs of partner countries. AEO s are businesses that meet specific security and compliance criteria, allowing them to enjoy streamlined customs procedures and other benefits. 2. Key Elements a. Recognition Process The MRA outlines the process for recognizing  AEO  authorizations granted by one Customs administration in another country. It includes: Evaluation: Assessing the compatibility of foreign  A...
Post a Comment
Read more

HS Classification in Global Trade

In the complex world of international trade, a common language is essential to ensure that goods move efficiently across borders. One of the most critical tools enabling this shared understanding is the Harmonized System (HS) Classification. Developed and maintained by the World Customs Organization (WCO), the HS system provides a standardized numerical method for classifying traded products. It is used by more than 200 countries and economies, covering over 98% of merchandise in international trade. Without it, global commerce would be far more chaotic, inconsistent, and prone to disputes. What is HS Classification? The Harmonized System, commonly referred to as HS, is an internationally standardized system of names and numbers used to classify products traded globally. Each product is assigned a unique HS code, typically consisting of six digits at the international level. Countries can extend this code further (to 8, 10, or more digits) for more detailed classification based on ...
Post a Comment
Read more

Prime Minister Modi's Upcoming Visit to Russia: A Trade Perspective

Introduction On July 8, 2024, Indian Prime Minister Narendra Modi is set to embark on a three-day visit to Russia. This visit holds significance as it marks his first bilateral engagement since taking office for a rare third consecutive term as India's prime minister. Traditionally, Modi has chosen neighboring countries for his initial foreign visits, emphasizing India's neighborhood as a foreign policy priority. However, this time, the choice of Russia and Austria may seem unconventional. Let's delve into the reasons behind this decision and explore the trade implications of Modi's visit to Russia. Background: India-Russia Relations India and Russia share a longstanding relationship that dates back to the Indo-Soviet Treaty of Peace, Friendship, and Cooperation signed in 1971. Despite the collapse of the Soviet Union in 1991, their ties have endured, with annual India-Russia summits playing a crucial role in anchoring this partnership. Defense and energy cooperation ha...
Post a Comment
Read more