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

Understanding EORI: Essential Insights for Businesses Engaged in International Trade

In the ever-evolving landscape of global trade, businesses must navigate a complex web of regulations and procedures. One critical aspect of this framework is the Economic Operators Registration and Identification (EORI) system. This article aims to demystify EORI, explaining its purpose, benefits, and the process of obtaining and using it effectively. What is EORI? The Economic Operators Registration and Identification (EORI) system is a mechanism implemented by the European Union (EU) to streamline and standardize the identification of economic operators involved in international trade. An economic operator is any business entity or individual that engages in activities related to the import or export of goods. The EORI number is a unique identifier assigned to these operators , facilitating smoother interactions with customs authorities across EU member states. Purpose of EORI The primary purpose of the EORI system is to simplify customs procedures by ensuring that each ...
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

Government’s Push: Boosting India’s Plastic Exports via SEZs

Overview The Indian government has been pushing to boost the country's plastic exports through Special Economic Zones (SEZs) and incentives. The SEZ scheme was introduced in India on April 1, 2000, to enhance foreign investment and provide an internationally competitive and hassle-free environment for exports. The SEZ policy has been successful in promoting private investment in industrial activity, infrastructure investment, employment, and exports since its introduction. According to the Ministry of Commerce and Industry, SEZ exports increased by 3.3% between 2005-06 and 2020-21, from INR228.40 billion to INR7595.24 billion, and investment in SEZs increased by 15.3% during the same period, from INR40.355 billion to INR6174.99 billion. The government's push to boost India's plastic exports via SEZs and incentives is expected to further increase the country's exports and attract foreign investment. The SEZs offer incentives to resident businesses, such as competitiv...
Post a Comment
Read more