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Service Exports from India Scheme (SEIS) to the Exporter which come into force
from the date of notification i.e. 1.04.2015. The rewards under SEIS shall be
admissible for services rendered on or after the date of notification of this Policy.
The main objective of SEIS is to encourage export of notified services from India and
rewards to exporters to compensate infrastructural inefficiencies and associated costs
involved.
The FTP 2015-2020 has extended this reward scheme to units located in SEZs to
accelerate the export from SEZ.
In order to lay emphasis on export of services, the Served from India Scheme (SFIS)
is replaced by Service Exports from India Scheme (SEIS) .The intention is to provide
benefits to all service providers located in India, instead of Indian Service Providers.
Earlier, under SFIS the benefit was not available for foreign brand of the Indian
companies.
A. Service Providers of notified services, located in India shall be rewarded under the
scheme subject to the rendering of the services in the following mode as specified by
Para 9.51(i) and Para 9.51(ii) of the FTP 2015-2020:
a) Cross border trade: Supply of a service from India to any other country.
B. Such Service Provider should have minimum net free foreign exchange earnings in
preceding financial years for:
Others: US$15,000
C. Net Foreign exchange earnings for the scheme are defined as under:
Net Foreign Exchange = Gross Earnings of Foreign Exchange minus Total expenses
/ payment / remittances of Foreign Exchange by the IEC holder, relating to service
sector in the Financial year.
D. If the IEC holder is a manufacturer of goods as well as service provider, then the
foreign exchange earnings and Total expenses / payment / remittances shall be taken
into account for service sector only.
E. Payment earned in India Rupees on specified services shall be deemed foreign
earnings as per the guidelines of Reserve Bank of India.
F. In order to claim reward under the scheme, service provider shall have to have an
active IEC at the time of rendering such services for which rewards are claimed.
The following list of service providers are eligible for Serve from India
Scheme:
A. The following mode specified by Para 9.51 (iii) and Para 9.52 (iv) of FTP2015-2020
is not eligible for reward under the scheme:
b) Presence of natural persons: Supply of a service from India through the presence
of natural persons in any other country.
B. Foreign exchange remittances other than those earned for rendering of notified
services would not be counted for entitlement. Thus, other sources of foreign
exchange earnings such as equity or debt participation, donations, receipts of
repayment of loans etc. and any other inflow of foreign exchange, unrelated to
rendering of service, would be ineligible.
C. Following shall not be taken into account for calculation of entitlement under the
scheme
iii. Issuance of foreign equity through ADRs / GDRs or other similar instruments.
vi. Other receivables not connected with services rendered by financial institutions;
and
e) Export turnover relating to services of units operating under EOU / EHTP / STPI /
BTP Schemes or supplies of services made to such units.
f) Clubbing of turnover of services rendered by SEZ / EOU /EHTP / STPI / BTP units
with turnover of DTA service providers.
g) Exports of goods.
h) Foreign exchange earnings for services provided by airlines, shipping lines service
providers plying from any foreign country X to any foreign country Y routes not
touching India at all.
Service Providers of eligible services shall be entitled to Duty Credit Scrip at notified
rates on net foreign exchange earned. Scrips can be utilized for the payment of:
Custom duties for import of inputs or goods except the notified items
The scheme has given relaxation to the actual user condition and the Duty Credit
Scrips and goods imported / domestically procured against them shall be freely
transferable.
Remittances through Credit Card and other instruments for MEIS and SEIS
Free Foreign Exchange earned through international credit cards and other
instruments, as permitted by RBI shall also be taken into account for computation of
value of exports.
An application for obtaining Duty Credit Scrip shall be filed within a period of 12 months
from the end of relevant financial year of claim period. Such application is filed online
for a financial year on annual basis in form ANF 3B using digital signature.
Duty Credit Scrip shall be valid for a period of 18 months from the date of issue.
3. Details of Proprietor/Partners/Directors/Karta/Trustee
of the applicant firm (attach extra sheet if required)
i. Name
ii. Father's Name
iii. Residential Address
iv. Telephone
8. RCMC Details
i. RCMC Number
ii. Date of Issue
iii. Issuing Authority
iv. Valid upto
v. Products for which registered
2. Applicant Details
i. Name
ii. Address
3. Application for (please tick the category for which the application is being
made) :
( )
I. Importer Exporter Code Number (IEC)
II. Import Licence for Restricted Items
IIA. Import Certificate under Indo - US Memorandum
III. Export Licence for Restricted Items
IIIA. Export Licence for SCOMET Items
IV. Star Export House Certification
V. Advance Licence
VA. Gem Replenishment Licence
VB. Diamond Imprest Licence
VC. DEPB Licence
VI. EPCG Licence
VII. Served from India
VIII. Vishesh Krishi Upaj Yojana(VKUY)
IX. Target Plus
X. Claiming Duty Drawback on All Industry
Rates/Fixation of Drawback Rates/Refund of Terminal
Excise Duty
4. Application Submission Details (in case of electronically submitted
applications)
i. ECOM Reference Number
ii. Date of Submission on Server
iii. Submitted to which Licensing Authority
iv. File Number
v. Date of Issue
+ - to be filled in cases where the applicant claims eligibility under the scheme on the
current year basis
4. Port of Registration (for purpose of Imports):
5. Number of Split Certificates required (in multiples of Rs 5 lakhs each):
PART 4
DECLARATION/UNDERTAKING
1. I/We hereby declare that the particulars and the statements made in this
application are true and correct to the best of my/our knowledge and belief and
nothing has been concealed or held there from.
2. I/We fully understand that any information furnished in the application if found
incorrect or false will render me/us liable for any penal action or other
consequences as may be prescribed in law or otherwise warranted.
3. I/We undertake to abide by the provisions of the Foreign Trade (Development
and Regulation) Act, 1992, the Rules and Orders framed there under, the
Foreign Trade Policy, the Handbook of Procedures and the ITC(HS)
Classification of Export & Import Items.
4.
a. I/We hereby certify that the firm/company for whom the application has been
made has not been penalized under the Customs Act, Excise Act, Foreign
Trade (Development & Regulation) Act 1992 and FERA/FEMA.
b. I/We hereby certify that none of the Proprietor/ Partner(s)/
Director(s)/Karta/Trustee of the firm/company, as the case may be, is/are a
Proprietor/Partner(s)/Director(s)/Karta/Trustee in any other firm/Company
which has come to the adverse notice of DGFT.
c. I/We hereby certify that the Proprietor/Partner(s)/Director(s)/Karta/Trustee, as
the case may be, of the firm/company is/are not associated as
Proprietor/Partner(s)/Director(s)/Karta/Trustee in any other firm/company
which is in the caution list of RBI.
d. I/We hereby certify that neither the Registered Office/Head Office of the
firm/company nor any of its Branch Office(s)/Unit(s)/Division(s) has been
declared a defaulter and has otherwise been made ineligible for undertaking
import/export under any of the provisions of the Policy.
5. I/We hereby declare that I/We have not obtained nor applied for such benefits
(including issuance of an Importer Exporter Code Number) in the name of our
Registered/Head Office or any of our Branch(s)/Unit(s)/Division(s) to any other
Licensing Authority.
6. I/We solemnly declare that I/We have applied for / obtained a RCMC to the
Export Promotion Council which pertains to our main line of business. In case
we have applied to any other council, the application has been made within the
purview of the provisions of Para 3.12 and Para 3.12.1 of the Handbook of
Procedures (Vol 1).
14. (applicable in case of Served from India Scheme only)
a. I/We hereby certify that only such foreign exchange remittances as are earned
on account of the services rendered and received in freely convertible currency
have been taken into consideration while arriving at the computation of the duty
credit entitlement under the Scheme and other sources of foreign exchange
earnings such as equity or debt participation, donations, repayment of loans
and any other inflow of foreign exchange unrelated to the service rendered has
not been considered while arriving at the computation of the duty credit
entitlement under the Scheme.
b. I/We hereby declare that no export proceeds are outstanding beyond the
prescribed period as laid down by RBI or such extended period for which RBI
permission has been obtained.
c. I/We hereby undertake that in case of non realisation of export proceeds or
lesser realisation of export proceeds in free foreign exchange, I/We shall pay
in cash, an amount equivalent to the duty free credit entitlement already
obtained on the non-realised basis or lesser realised value of export proceeds
together with 15% interest reckoned from the date of imports till the date of
deposit.
d. I/We (applicable in case of hotels and stand alone restaurants including 1 star
and above hotels and heritage hotels) hereby undertake to pass on the benefit
of the duty credit entitlement to the consumers and undertake to submit a
statement of utilization of duty credit entitlement in the prescribed format to the
licensing authority in this behalf.
e. I/We hereby undertake to submit to the Licensing Authority (with a copy to the
jurisdictional Excise Authorities), a statement of imports made under the
Scheme within one month of the completion of imports or the expiry of the
validity of the duty credit entitlement certificate, whichever is earlier.
f. I/We hereby undertake that the imports to be made under this duty free credit
entitlement certificate shall be related to my/our main line of business and I/We
further undertake that such imported goods shall not be
sold/transferred/disposed off or utilised in a manner in contravention to the
provisions of the Policy and Handbook.
18. I hereby certify that I am authorised to verify and sign this declaration as per
Paragraph 9.9 of the Policy.
After 1st July 2017, the benefits under all the said schemes shall be restricted only to
Basic Customs Duty, Safe-guard Duty, and Transitional Product Specific Safeguard Duty
And Anti-dumping Duty in respect of goods leviable to IGST.
For items specified in the Fourth Schedule to the Central Ex-cise Act, 1944 (specified
petroleum products, tobacco etc.) exemption from Additional Duty leviable under
Sections 3(1), 3(3) and 3(5) of the Customs Tariff Act, 1975 shall be available.
Can duty credit scrips such as Merchandise Ex-ports from India Scheme (MEIS) and
Service Exports from India Scheme (SEIS) be used for payment of GST?
Answer:
No. MEIS and SEIS scrip can be used only for payment of Basic Customs Duty or
additional duties of Customs on items not covered under GST for imports under
GST regime.
The Centre has modified existing export incentive schemes removing most
exemptions provided on input taxes to align them with the Goods & Services
Tax (GST) regime which has rolled in from July 1.
Under the GST regime, no exemption from payment of Integrated GST (IGST) and
compensation cess would be available for imports under Advance Authorisation.
Importers would need to pay IGST and take input tax credit as applicable under
GST, a trade notification issued by the Directorate General of Foreign Trade
(DGFT) modifying provisions under the Foreign Trade Policy (2015-20) on Friday
night stated.
The notification added that under the EPCG scheme (Chapter 5 of the FTP), too,
importers of capital goods would need to pay IGST and take input tax credit.
Benefits under the Merchandise Export from India Scheme (MEIS) and the
Services Export from India Scheme (SEIS), which provides exporters with duty
free scrips based on the value of their exports, have also been curtailed. The
scrips cannot be used for payment of IGST and GST compensation cess in
imports, and CGST, SGST, IGST and GST compensation cess for domestic
procurement, the notification stated.
Imports by Export Oriented Units (EOUs), which were allowed duty free imports of
goods for their authorised operations, will now get exemption on only the customs
duty. Such goods would attract integrated tax and compensation cess. The taxes so
paid on imports will be neutralised by ITC (input tax credit), the notification said.
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
G.S.R. 270 (E).- 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 when imported into
India against a Service Exports from India Scheme duty credit scrip issued by the
Regional Authority under paragraph 3.10 read with paragraph 3.08 of the Foreign
Trade Policy (hereinafter referred to as the said scrip) from,-
(a) the whole of the duty of customs leviable thereon under the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as said Customs Tariff
Act); and
(b) the whole of the additional duty leviable thereon under section 3 of the said
Customs Tariff Act.
(1) that the duty credit in the said scrip is issued to a service provider located in India
against export of notified services listed in Appendix 3D of Appendices and Aayat
Niryat Forms of Foreign Trade Policy 2015-2020;
(2) that the imports and exports are undertaken through the seaports, airports or
through the inland container depots or through the land customs stations as mentioned
in the Table 2 annexed to the Notification No. 16/2015- Customs dated 01.04.2015
or a Special Economic Zone notified under section 4 of the Special Economic Zones
Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may within the jurisdiction, by special
order, or by a Public Notice, and subject to such conditions as may be specified by
him, permit import and export through any other sea-port, airport, inland container
depot or through any land customs station;
(3) that the said scrip is registered with the Customs Authority at the port of
registration specified on the said scrip;
(4) that the said scrip is produced before the proper officer of customs at the time
of clearance for debit of the duties leviable on the goods and the proper officer of
customs, taking into account the debits already made under this exemption and debits
made under the notification Nos. 21/2015 Central Excise, dated the 8th April,
2015 and Notification No. 11/2015-Service Tax, dated the 8th April, 2015, shall
debit the duties leviable on the goods, but for this exemption;
(5) that the said scrip and goods imported against it shall be freely transferable ;
(6) that where the importer does not claim exemption from the additional duty of
customs leviable under section 3 of the said Customs Tariff Act, he shall be deemed
not to have availed the exemption from the said duty for the purpose of calculation of
the said additional duty of customs;
(7) that the importer shall be entitled to avail drawback of the duty of customs
leviable under the First Schedule to the said Customs Tariff Act against the amount
debited in the said scrip;
(8) that the importer shall be entitled to avail drawback or CENVAT credit of
additional duty leviable under section 3 of the said Customs Tariff Act against the
amount debited in the said scrip.
(9) that the benefit under this notification shall not be available to the items listed
in Appendix 3A of Appendices and Aayat Niryat Forms of Foreign Trade Policy 2015-
2020.
(I) Capital goods has the same meaning as assigned to it in paragraph 9.08 of the
Foreign Trade Policy;
(II) Foreign Trade Policy means the Foreign Trade Policy 2015-2020, published by
the Government of India in the Ministry of Commerce and Industry notification
number 01/2015-2020, dated the 1st April 2015 as amended from time to time;
(IV) Regional Authority means the Director General of 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 an authorisation including a duty credit
scrip under the said Act.
[F.No.605/55/2014-DBK]
(Sanjay Kumar)