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3 April 2020

EY Tax Alert
Government extends FTP
2015-2020 till 31 March
2021 and announces various
relief measures

Tax Alerts cover significant Executive summary


tax news, developments and
This Tax Alert summarizes Notification and Public Notice[1] issued by the Directorate
changes in legislation that General of Foreign Trade (DGFT) extending Foreign Trade Policy 2015-2020 (FTP) by one
affect Indian businesses. They year and announcing various relief measures due to unprecedented current situation arising
out of the pandemic COVID-19.
act as technical summaries to
The validity of FTP, Handbook of Procedures (HBP) and export promotion schemes (except
keep you on top of the latest tax Service Exports from India Scheme) have been extended by one year from 31 March 2020
issues. For more information, to 31 March 2021. Decision on continuation of Service Exports from India Scheme (SEIS)
will be taken and notified subsequently.
please contact your EY advisor.
Category of services eligible under (SEIS) and rate of reward on the said services for the
period 1 April 2019 to 31 March 2020 will be notified separately.
Exemption from payment of integrated tax and compensation cess on imports made under
Advance Authorisation (AA) and Export Promotion Capital Goods (EPCG) scheme has been
extended from 31 March 2020 to 31 March 2021.
A similar extension is also given for imports made by Export Oriented Units (EOU),
Electronic Hardware Technology Park (EHTP), Software Technology Park (STP) and Bio-
Technology Park (BTP).
For all Duty-Free Import Authorisation (DFIA), AA and EPCG authorizations, where validity
for import of goods and export obligation period (wherever applicable) is expiring between 1
February 2020 and 31 July 2020, extension of six months from the date of expiry has been
provided.
Amendments are also made in HBP for extending due dates for filing various applications
and refund claims.

1. Notification No. 57/2015-2020


and Public Notice No. 67/2015-
2020 dated 31 March 2020
fresh application for further recognition.
Background
► Any recognition which has extended validity up
► Foreign Trade Policy 2015-2020 (FTP) was to 31 March 2020 or original validity up to 29
notified by the Central Government, in exercise of June 2020, would now deemed to be valid up to
powers conferred under section 5 of the Foreign 30 June 2020.
Trade (Development & Regulation) Act, 1992 and
was valid till 31 March 2020.
Service Exports from India Scheme (SEIS)
► In view of COVID-19 outbreak, the validity of FTP
► Category of services which will be covered under
has been extended by one year.
SEIS scheme and the rate of reward on such
► Consequential changes have also been made in services for the period 1 April 2019 to 31 March
Handbook of Procedures 2015-20 (HBP). 2020 will be notified separately under Appendix
3X.

Key changes Application for Duty Credit Scrips


► Under Merchandise Exports from India Scheme
Validity (MEIS), application has to be filed within12
► The validity of FTP, HBP, Standard Input Output months from the Let Export (LEO) date for
Norms (SION), Appendices & Aayat Niryat forms is obtaining duty credit scrip.
extended from 31 March 2020 to 31 March 2021. For the shipping bills where LEO date falls
Thus, benefit under all Export Promotion Schemes between 1 February 2019 to 31 May 2019,
(except Service Exports from India Scheme) under applications can now be filed within a period of
FTP will continue to be available till 31 March 15 months instead of 12 months.
2021. ► Similarly, under Service Exports from India
Decision on continuation of SEIS post 31 March Scheme (SEIS), the application has to be filed
2020 will be taken and notified subsequently. within12 months from the end of relevant
financial year.

Exemption from payment of Integrated tax Last date for filing application for FY 2018-19 in
and Compensation cess on imports case of SEIS, which was 31 March 2020, has
been extended till 31 December 2020.
► Imports made under Advance Authorisation (AA)
and Export Promotion Capital Goods (EPCG) ► Further, last date for filing application under
scheme are exempt from payment of Integrated Scheme for Rebate of State and Central Levies
tax and Compensation cess. and Taxes (RoSCTL) for the period 7 March
2019 to 31 December 2019 was 30 June 2020.
Similarly, imports made by Export Oriented Unit
(EOU), Electronic Hardware Technology Park The same is now extended till 31 December
(EHTP), Software Technology Park (STP) and Bio- 2020.
Technology Park (BTP) units are also exempt from
payment of integrated tax and cess. Validity of Status certificate
► The said exemption which was available up to 31 ► Status certificate is valid for 5 years from the
March 2020 has been extended till 31 March date on which application for recognition was
2021. filed.
The validity of Status certificates is extended till
Validity of imports under various schemes 31 March 2021 (for those certificates which
would have otherwise expired before 31 March
► Validity for importing inputs and capital goods
2021).
under various schemes is as follows:
► AA and Duty Free Import Authorisation Export Obligation (EO) period under AA
(DFIA) - 12 months from date of its issue;
► For all AAs, where the period for fulfillment of
► EPCG scheme – 18 months from date of its EO is expiring between 1 February 2020 and 31
issue. July 2020, such period has been automatically
► It is now provided that in cases where period for extended by six months from the date of expiry.
making import is expiring between 1 February No separate application with composition fee,
2020 and 31 July 2020, the same shall amendment or endorsement is required.
automatically extend by six months from date of
expiry. The option to avail further validity extensions
would remain available, as per the eligibility.
Recognition of Pre-shipment Inspection
Agencies (PSIA) EPCG Authorization
► The recognized PSIAs are notified for a period of ► An EPCG Authorization holder has to produce a
3 years. At the end of 3 years, PSIA has to make a certificate confirming installation of capital
goods within six months from date of import. Application for claim of Transport and
For cases where the six months period expires Marketing Assistance (TMA)
between 1 February 2020 and 31 July 2020, the
► Application for claim of TMA for quarters ending
period for submission of installation certificate
31 March 2019 and 30 June 2019 can now be
has been extended by six months from the original
filed up to 30 September 2020.
due date.
► Further, if the block wise EO period expires during Refund applications of Terminal Excise
1 February 2020 to 31 July 2020, the EO period
has been automatically extended by six months
Duty (TED) refund/ Drawback
from the date of such expiry. ► If the due date of filing application for refund of
TED/ drawback in case of deemed exports by
EOU, EHTP, STP, BTP manufacturer falls on or after 1 March 2020,
the said date has been extended till 30
► Where the time limit for commencement of September 2020.
production as per Letter of Permission (LoP)/
Letter of Intent (LoI) expires on or after 1 March
2020, the same has been extended till 31
Late Cut
December 2020.
► Wherever the due dates have been extended as
► In case the EO period expires during 1 March aforesaid, such new dates shall be considered for
2020 to 30 June 2020, the obligation can be the purpose of applying the provisions of late
fulfilled up to 30 September 2020. cut.
► Quarterly performance reports for the quarter
ending 31 March 2020 and 30 June 2020 and
annual performance report for FY 2019-20 can be
now filed up to 30 September 2020.
► Service exports reporting forms to be filed by STP Comments
units for the months February 2020 to June 2020 a. Extension of various due dates in
can be filed up to 31 July 2020.
respect of duty credit scrips,
► The last date to file application for reimbursement refunds and reimbursements is
of Central Sales Tax for the quarters ending 30 likely to benefit exporters who
September 2019 and 31 December 2019 has faced challenges in meeting
been extended till 30 September 2020. statutory timelines due to
disruption caused by COVID-19.
Gems and Jewellery sector
b. Authorisation holders whose
► Extension of six months has been granted in the exports are impacted due to
following cases where the last date for current global situation would
replenishment, import, export and filing of benefit from the extension of
application, as the case may be, falls between 1 export obligation period.
February 2020 and 31 July 2020:
c. Having regard to unprecedented
► Exports by status holder/ specified exporters situation, it would be beneficial
where foreign buyer supplied gold, silver, etc.
for the industry if the
in advance and free of charge
government considers granting
► Re-exportation of diamonds imported for extension also in all such cases
certification/ grading where time limit with late cut
► Application for replenishment authorisation falls between March 2020 to
June 2020.
► Replenishment, booking with nominated
agencies and re-import in cases of export of d. It is pertinent to note that the
branded jewellery and exports through government has approved
exhibitions or export promotion tours scheme for Remission of Duties
or Taxes on Export Product
► Exports and drawl of precious metals in case
of export against supply by nominated (RoDTEP) which will be
agencies. introduced in a phased manner,
replacing the existing
However, the relaxation in repatriation/ forex Merchandise Export from India
realisation period (wherever applicable) would be
Scheme (MEIS).
equal to the period as allowed with further
extension of six months, or as subject to RBI
guidelines, whichever is earlier.
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