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Relaxation in Export Promotion Capital Goods (EPCG) Scheme

Relaxation in export promotion capital goods( EPCG scheme)

What is the news :

  • The commerce ministry has relaxed various procedures under the Export Promotion Capital Goods (EPCG) scheme in order to reduce compliance requirements and facilitate ease of doing business.

Minister of commerce and industry – Piyush Goyal

  • Under the scheme, imports of capital goods are allowed duty free, subject to an export obligation.
  • The authorisation holder (or exporter) under the scheme has to export finished goods worth six times of the actual duty saved in value terms in six years.
  • The objective of the Export Promotion Capital Goods (EPCG) scheme is to facilitate import of capital goods for producing quality goods and services and enhance India’s manufacturing competitiveness.
  • “With a view to enhance ease of doing business and reduce compliance burden, certain provisions of chapter 5 related to the EPCG scheme of the Handbook of procedures (2015-20) are amended for EPCG authorisations issued under Foreign Trade Policy (2015-20),” the Directorate General of Foreign Trade has said in a public notice.
  • The changes include those related to annual reporting of EO (export obligation) — instead of by April 30 each year, exporters can file that by June 30 of each year with specified information, but any delay will be subject to a late fee of Rs 5,000.
  • Requests for export obligation extension should be made within six months of expiry instead of the earlier prescribed period of 90 days. However, applications made after six months and up to six years are subject to a late fee of Rs 10,000 per authorisation.

What are the changes :

  • According to the changes, requests for block-wise export obligation extension should be made within six months of expiry. However, applications made after six months and up to six years will entail a late fee of Rs 10,000 per authorisation.
  • Applications made after six years will be subject to a fee of Rs 5,000 per year.
  • Earlier, no specified time limit was prescribed, leading to discretionary interpretations.
  • Further, the facility to pay customs duty through scrips (MEIS /RoDTEP /RoSCTL) for default under EPCG has been withdrawn.
  • Welcoming the move, Federation of Indian Export Organisations (FIEO) Director General Ajay Sahai said the changes are aimed at reducing compliance requirements and facilitating ease of doing business.

EPCG Scheme (Export Promotion Capital Goods Scheme)

  • This is a Scheme that enables an importer (being an export-oriented business) to import capital goods at zero rates of customs duty. However, the scheme is subject to an export value equivalent to 6 times of duty saved on the importation of such capital goods within 6 years from the date of issuance of the authorization.
  • In simple words, there is a compulsion on the business to bring in foreign currency which is equal to 600 per cent of duty saved on such importation measured in domestic currency. This is to be done within six years from availing of the Export Promotion Capital Goods Scheme.

Export Promotion Capital Goods

  • Export Promotion Capital Goods are capital goods used in the production of goods that are exported to other countries. It includes machinery as well as spares. Hence, to qualify as Export Promotion Capital Goods, the commodity manufactured in India must be exported outside India.

Capital Goods allowed under EPCG Scheme

  • The capital goods allowed under Export Promotion Capital Goods Scheme shall include spares (including reconditioned/ refurbished), fixtures, jigs, tool, moulds and dies. Further, second-hand capital goods may also be imported without any restriction on age under the EPCG Scheme.
  • Under this scheme of Foreign Trade Policy (FTP), importation of capital goods required for the manufacturing of export-oriented product specified in the Export Promotion Capital Goods Authorization is permitted at concessional/nil rate of duty. This scheme under Foreign Trade Policy allows technological up-gradation of the indigenous industry.
  • Export Promotion Capital Goods (EPCG) Authorizations are issued by licensing authority – Director General of Foreign Trade (DGFT) based on the certificate issued by an Independent chartered engineer.

Benefit from EPCG Scheme

  • EPCG is intended for promoting exports and the Indian Government with the help of this scheme offers incentives and financial support to the exporters. Heavy exporters could benefit from this provision. However, it is not advisable to go ahead with this scheme for those who don’t expect to manufacture in quantity or expect to sell the produce entirely within the country, as it could become almost impossible to fulfil the obligations set under this scheme.

EPCG License

  • In order to obtain a License under the EPCG scheme, it is a primary requirement to file an application with the licensing authority of the Director General of Foreign Trade. The application shall be attached with the required documents along with the company and personal details.

Documents required for EPCG License

  • The issuing authority is the licensing authority – Director General of Foreign Trade (DGFT). ANF 5B is to be filled along with Self-certified copies of the followings:
  • Import Export Code (IEC)
  • Registration cum Membership Certificate (RCMC)
  • Digital signature
  • Registration certificate from Tourism Department
  • Pan Card
  • Excise Registration (if registered)
  • GST Registration Certificate
  • Proforma Invoice
  • Brochure
  • Self-Certified Copy + Original of Certificate of Chartered Accountant
  • Self-Certified Copy + Original of Certificate of Chartered Engineer

Export obligation under the EPCG scheme

  • The Importation of capital goods under the scheme of EPCG is subject to an export obligation which is equal to six times of duty saved, to be satisfied within 6 years from the date of issue of EPCG authorisation. If a holder of the EPCG authorisation is unable to meet the stipulated export obligation, the importer of the capital goods is required to pay customs duties along with interest on it as prescribed.

Points to Remember

Extension of the time limit

  • The Extension of the time limit is available but only in exceptional cases where the exporter has sufficient evidence/proof to prove that the factors were beyond his control in order to meet the deadline.

Penalty in case of Non-Compliance

  • In cases where the license holder under the EPCG scheme fails to fulfil the stipulated export obligation then the licensee shall be liable to pay the customs dues along with 15% interest per annum to the customs authority.

Selling goods in the Domestic Tariff Area (DTA)

  • Where the exporter as per his export obligation meets the deadline then only this business can sell the goods in the Domestic Tariff Area.

Exemption from IGST & Compensation Cess under EPCG scheme

  • In the Goods and Services Tax regime, merchant exporters need to pay IGST and claim a refund for the same. The DGFT vide Notification No. 54/2015-20 has amended the FTP (Foreign Trade Policy) and has extended IGST and Compensation Tax exemption under EPCG Scheme till October 01, 2018. This move would offer much-needed relief to exporters who are under the stress with respect to refunds under the GST regime.

3 years ago

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