Let me tell you some facts about a 100 % EOU:
The Company (EOU) during its initial 5 year period made exports to the tune of 40 lacs but till the end of its 4 th year never made any duty free import of raw materials.
The exported products were made out of raw materials purchased from India after paying applicable duties and taxes.
But during the end of the 5th year, the company made duty free import to the Tune of 52 lacs and thus resulted in a negative NFE. The Director STPI rejected its application for renewal of licence stating this negative NFE as one among the several reasons. Other reasons were delay in submitting documents such as renewed lease deed, audit report, Extract of minutes authorising one of the Director to sign the Application for renewal. Audit report for the first financial year was later on produced and other documents were also submitted to him. But due to the delay in submitting documents and because of this negative NFE, the Director passed his order rejecting the Application for renewal. Now an appeal was filed with the DGFT regarding the matter. However the company during its normal course of business is manufacturing products for export and for sales within the country.
The materials imported duty free was kept in Bonded area and which needs to be released for supplying to Govt Department free of Cost. Can any one help me in this subject.
Dear Sir/Madam,
I would like to know the procedure for paying difference in custom duty (Under invoice amount).
If original invoice of goods is 100$ and the invoice amount at the time of parts received is 30$. So how to pay the difference in custom duty for (100$-30$=70$). Is there any late fee charges? If yes then how much and what is the criteria for it?
Thanks
sir,
on what basis, custom duty is charged and can we get the credit of custom duty or it is added to cost....???
1. whether demmurage charges paid to the custom department for clearing the imported Machinery should be capitalized or not according to As 10 fixed assets.please give briefly description.
2.For capitalizing the custom duty in the value of imported machinery whether CVD,Education cess and higher edu cess should be deducted or not.
plz give briefly description.
Dear Experts,
Ours is a Pvt Ltd Company.
We have to full-fill export obligation under EPCG scheme, however, due to recession in Europe and America our export/ Deemed export is very low and we feel that we will not be able to meet out export obligation within stipulated period.
We have sufficient Cenvat Credit with us on other machineries / Inputes.
Can we utilise such Cenvat Credit to pay Custome Duty (with CVD) to surrender our EPCG obligation ?
Thanks & Regards
can additional duty on imports be taken as excise input
hi,
I understand that ARE-1 is a document used to remove a excisable/dutiable shipment from the factory premises, however is it mandatory that the value mentioned in the ARE-1 should match the invoice value that is submitted to the customs at the time of Exports?
For Eg: the product value mentioned in the ARE-1 is Rs.5000/-, but the exporter has given the commercial invoice value for Rs.25000/-. would this be acceptable to the customs?
what is custom duty,its rate and on which items it is applicable
Case details:
There is an US company (X) with a big brand like Adidas which gets its products manufactured in India from many licensed manufacturers (Y1, Y2) for itself. This company (X) is introducing its products in India now and for that they will appoint one Master Distributor (Z) in India. Z is not a sister concern of X, Y1 or Y2 in any manner. Z is an independent Indian Company.
Z will sell products of X in India by various retail formats. Z will pay to X 20% over and above the purchase price ( i.e. FOB+ Margin of 20%) paid by X to Y1/Y2 after the sales are effected in India.
US Co. (X) wants to purchase goods from (Y1, Y2) for India as well and wants these goods to be sent directly to Z for further sale as Y1, Y2 and Z are all in India. X will raise a Purchase Order to Y1/Y2 of USD 1000 to make goods. After the goods are manufactured Y1/Y2 will send the goods to Z and X will pay USD 1000 to Y1/Y2. Z will receive these goods on behalf of X in India from Y1/Y2 and will sell these goods in India at USD 1500. As per agreement, Z will remit USD 1200 to X now (USD 1000 plus 20%). Remaining USD 300 is Z’s share. Y1/Y2 will prepare the sale invoice in the name of X and X will prepare the sale invoice in the name of Z. All prices are at arm’s length.Y1/Y2 manufacture goods for other companies and brands also. Z sells products of X only.
Questions:
1. Will the sales made by Y1/Y2 qualify as export sales from India?
2. Will the purchase by Z from X be considered as imports into India?
3. Is it possible that Y1/Y2 get export benefits but purchases by Z do not come under imports?
4. What will be the tax implications on Y1/Y2 and Z?
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
Duty Free Import