EPCG Scheme- capital goods, components and spares thereof when imported under-
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods specified in the Table annexed hereto from whole of the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of. 1975) and from so much of the additional duty leviable thereon "under sub-sections (1), (3) and (5) of section 3 of the said Customs Tariff Act, as is in excess of the amount calculated at the rate of 10% of the value of goods:
Provided that where the said goods are required for -
(i) the manufacture of leather garments, textile garments (including knitwears), agro products and products of horticulture, floriculture, poultry and bio-tech products, marine products and software, or
(ii) rendering services by hotel industry and tourism industry,
such goods shall be exempt from the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act.
2. The exemption contained in paragraph 1, shall be subject to the following conditions, namely :-
(1) The goods imported are covered by a valid licence issued under the Export Promotion Capital Goods (E.P.C.G.) Scheme in terms of Export and Import Policy permitting import of goods free of duty and the said licence is produced for debit by the proper officer of the customs at the time of clearance:
Provided that for the import of spare parts, the validity period of the licence shall be deemed to be the period permitted for fulfilment of the export obligation in full.
(2) The importer executes a bond in such form and for such sum and with such surety or security as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to fulfil export obligation equivalent to six times the CIF value of the goods imported on FOB basis, or five times of the CIF value on Net Foreign Exchange basis as specified in the licence, or for such higher amount as may be fixed by the Licensing Authority or for such amount as may be fixed by the Licensing Authority in terms of clause (i) of Paragraph 5.4 of the Export and Import Policy, 2002-2007, within a period of eight years from the date of issue of licence in the following proportions :-
Provided that where the CIF value of licence is not less than Rs.100crores, the export obligation shall be fulfilled within a period of 12 years from the date of issue of licence in the following proportions, namely: -
Provided further that where a sick unit notified by the Board for Industrial and Financial Reconstruction (BIFR) is subsequently taken over by another unit for revival, the export obligation may be fulfilled within a period of 12 years from the date of issue of licence:
Provided also that export obligation of a particular block may be set off by the excess exports made in the said preceding block (s):
Provided also that in case of a licence of CIF value of Rupees one crore or more but less than rupees twenty crores, where the licence is issued, -
(a) with an obligation to export products of electronics, food processing, garments, leather, sport goods, gem and jewellery, agriculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture, bio-tech, engineering, textile and chemicals sectors, or
(b) to tourism industry for rendering services,
the export obligation shall be required to be discharged in six years from the date of issue of licence and the proportion of total export obligation for the block of 1st and 2nd year, 3rd and 4th year and 5th and 6th year shall respectively be 15%, 35% and 50%;
Provided also that in case of licence of CIF value of Rs. ten lakhs or more but less than twenty crores, where the licence is issued with an obligation to export products of software sector, the export obligation shall be required to be discharged in six years from the date of issue of licence and the proportion of total export obligation for the block of 1st and 2nd year, 3rd and 4th year and 5th and 6th year respectively be 15%, 35% and 50%
(3) The importer produces within 30 days from the expiry of each block of two years from the date of issue of license or within such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow, evidence to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs showing the extent of export obligation fulfilled, and where the export obligation of any particular block of two years is not fulfilled in terms of the preceding condition, the importer shall within three months from the expiry of the said block pay duties of customs of an equal amount equal to that portion of duties leviable on the goods but for the exemption contained herein which bears the same proportion as the unfulfilled portion of the export obligation bears to the total export obligation together with interest at the rate of 15% per annum from the date of clearance of the goods.
(4) The importer shall, if he fails to discharge a minimum of 25% of the export obligation prescribed for any particular block of two years for two consecutive blocks, be liable to pay forthwith, the whole of the duties of customs leviable on the goods imported but for the exemption contained in this notification together with interest at the rate of 15% per annum from the date of clearance of the goods.
(5) The importer shall, if he fails to import goods, including the spares permitted for import during the entire period of export obligation, for a minimum value of twenty crores of rupees within two years from the date of issue of the licence or within such extended period as the licensing authority may allow, be liable to pay forthwith the whole of the duties of customs leviable on the goods imported but for exemption contained in this notification together with interest at the rate of 24% per annum from the date of clearance of the goods :
Provided that in case of licences issued, -
(a) with an obligation to export products of electronics, food processing, garments, leather, sport goods, gem and jewellery, agriculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture, bio-tech, engineering, textile and chemical sectors, or
the minimum value together with the value of the spares specified in the Table annexed hereto shall be rupees one crore;
Provided further that in case of licences issued with an obligation to export products of software sector, the minimum value together with the value of the spares specified in the Table annexed hereto shall be rupees ten lakhs:
Provided also that the aforesaid conditions of minimum value of import which is rupees twenty crores, or rupees one crore, or rupees ten lakhs, as the case may be, shall be deemed to have been complied with where the shortfall in import is within 10% of the limits so prescribed.
(6) The capital goods imported, assembled or manufactured are installed in the importer's factory or premises and a certificate from the Assistant Commissioner of Customs or Deputy Commissioner of Customs having jurisdiction over the importer's factory or premise or independent Chartered Engineer, as the case may be, is produced confirming installation and use of capital goods in importer's factory or premises, within six months from the date of completion of imports or within such extended period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs referred to in condition (2) above may allow:
Provided that in case of-
(i) manufacturer exporter and merchant exporter having supporting manufacturer(s)/vendor(s),
(ii) import of irrigation equipment for use in contract farming for export of agriculture products and
(iii) importer rendering services,-
the capital goods may be installed at the factory/premises of such other persons who name and address are endorsed on the license referred to in condition(1) and where the bond for full difference of duty , if necessary ,in terms of condition (2) , with a bank guarantee is executed by the importer and such other person binding themselves jointly and severally to fulfill the export obligation and all other conditions of this notification and to pay duty with interest in case of default.
(7) ) Notwithstanding anything contained in conditions (3) and (4), where the Licensing Authority grants extension of blockwise period for any block(s) or overall period of fulfilment of export obligation upto a period of two years or regularisation of shortfall in export obligation not exceeding 5% of such export obligation, the said blockwise period or overall period of export obligation may be extended and the said shortfall in export obligation be condoned by the Assistant Commissioner of Customs or Deputy Commissioner of Customs:
Provided that in respect of licence holder units affected by the earthquake in the State of Gujarat in the month of January 2001, the Licensing Authority may grant extension in the overall period of export obligation up to one more year :
Provided further that in case of a licence holder unit referred to in the first proviso, having overall export obligation period of 13 years and in case of other licence having export obligation period of 12 years, extension of overall period of export obligation shall not be allowed.
3. Where the goods are found defective or unfit for use, the said goods may be re-exported back to the foreign supplier within 3 years from the date of payment of duty on the importation thereof:
Provided that at the time of re-export the goods are identified to the satisfaction of the Assistant Commissioner customs or Deputy Commissioner of customs as the goods which were imported.
4. In a case of default in export obligation, when the duty on goods is paid to regularise the default, the amount of interest paid by the importer shall not exceed the amount of duty if such regularisation has been dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/2009-2014 dated the 12th August, 2013.
Table
Explanation. - In this notification, -
(1) "Capital Goods" means, -
(i) any plant, machinery, equipment and accessories required for -
(a) manufacture or production of other goods, including packaging machinery and equipments, refractories, refrigeration equipment, power generating sets, machine tools, catalysts for initial charge, and equipment and instruments for testing, research and development, quality and pollution control;
(b) use in manufacturing; mining, agriculture, marine, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, poultry, viticulture and sericulture;
(c) in the case of hotel industry and tourism industry, plant, machinery, equipment and accessories required for rendering services, specified in the Annexure I;
(d) in the case of marine products, plant, machinery, equipment and accessories, specified in ANNEXURE II;
(e) manufacture of textile products, which are specified in Annexure III, and
(f) manufacture of chemical products, namely dye and dye intermediates and drug and drug intermediates, which are specified in Annexure IV;
(2) "Export and Import Policy" means the Export and Import Policy April, 1997 - March, 2002 published vide notification of the Government of India in the Ministry of Commerce/ No. 1/1997-2002, dated the 31st March, 1997;
(3) "Licensing Authority" means the Director General, Foreign Trade appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant a licence under the said Act;
(4) "export obligation", -
(i) in relation to importers other than hotel industry and tourism industry, rendering services, means export to a place outside India of products manufactured with the use of capital goods imported, assembled or manufactured in terms of this notification or making of supplies of such products in terms of clauses (a), (b), (d), (e), (f) and (g) of paragraph 10.2 of the Export and Import Policy; and
(ii) in relation to hotel industry and tourism industry, rendering services, means receiving payments in freely convertible foreign currency for services rendered through the use of such capital goods;
(iii) means, export of goods in terms of the notification of the Government of India in the Ministry of Commerce and Industry (Department of Commerce) No. 28 (RE-2003)/ 2002-2007 dated 28th January, 2004.
(5) "Net foreign exchange" in relation to importers other than hotel industry and tourism industry, means FOB value of products exported in discharge of obligation in terms of this notification minus CIF value of inputs used in manufacture thereof where such inputs have been -
(a) imported by the importer directly against a licence; or
(b) procured indigenously, for which the importer claims replenishment under the Duty Exemption Scheme as contained in Chapter 7 of the Export and Import Policy;
(6) "product", for the purpose of engineering sector, means, -
(a) machine tools, parts and accessories thereof,
(b) automotive components and accessories,
(c) bicycle parts and accessories,
(d) hand tools, cutting tools and small tools,
(e) castings and forgings (ferrous and non-ferrous), all sorts,
(f) pumps, electric motors and parts thereof,
(g) fasteners, all types (ferrous and non-ferrous),
(h) bright bars and shafting,
(i) scientific and surgical instruments.
(7) "tourism industry" means, hotels, travel agents, tour operators or tourist transport operators, who are certified as Export House or Trading House or Star Trading House or Super Star Trading House in terms of notification of the Government of India in the Ministry of Commerce, No. 33 (RE-98) 1997-2002, dated the 26th November, 1998;
ANNEXURE I
A Food and Beverage Equipment (other than household type)
B. Front Office Equipment
C. House Keeping Equipment
D. Laundry Equipment (other than Household Type)
E. Health Club/Beauty Parlour/Barber Shop Equipment
F. Professional Audio Visual/Video Equipment
G. Equipment for Recreational Facilities
H. Adventure Sports Equipments
I. Equipment for golf facilities
J. Miscellaneous (Engineering)
ANNEXURE-II
ANNEXURE III
ANNEXURE IV
Notification No. 29/97-Cus., dated 1-4-1997 as amended by Notifications No. 71/97-Cus., dated 16-9-1997; No. 89/97-Cus., dated 12-12-1997; No. 8/98-Cus., dated 23-4-1998; No. 9/98-Cus., dated 23-4-1998; No. 33/98-Cus. dated 9-6-1998; No. 42/98-Cus., dated 30-6-1998; No. 60/98-Cus. dated 3-8-1998; No. 62/98-Cus., dated 11-8-1998; No. 66/98-Cns. dated 26-8-1998; No. 74/98-Cns., dated 9-10-1998; No. 75/98-Cus. dated 9-10-1998; No. 31/99-Cus., dated 8-3-1999; No. 56/99-Cus. dated 11-5-1999; No. 80/99-Cus., dated 25-6-1999, No. 92/99-Cus. dated 15-7-1999; 122/99-Cus., dated 4-11-1999 ; No. 20/2000-Cus., dated 1-3-2000 , No.52/2000-cus., dated 28-4-2000.and No. 49/2002-Cus dated 24-4-2002, 113/02, 116/02, 44/03, 29/04 and 65/04, No. 46/2013-Customs dated September 26, 2013.