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CHAPTER-8
Deemed Exports |
8.1 |
"Deemed Exports" refers
to those transactions in which the goods supplied do not leave the country
and the payment for such supplies is received either in Indian rupees or in
free foreign exchange. |
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Categories of Supply |
8.2 |
The following categories of supply
of goods by the main/ sub-contractors shall be regarded as "Deemed
Exports" under this Policy, provided the goods are manufactured in |
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(a) |
Supply of goods against
Advance Licence/Advance Licence
for annual requirement/DFRC under the Duty Exemption /Remission Scheme; |
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(b) |
Supply of goods to Export
Oriented Units (EOUs) or units located in Special
Economic Zone (SEZs) or |
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(c) |
Supply of capital goods to
holders of licences under the Export Promotion
Capital Goods (EPCG) scheme; |
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(d) |
Supply of goods to projects
financed by multilateral or bilateral agencies/funds as notified by the
Department of Economic Affairs, Ministry of Finance under International
Competitive Bidding in accordance with the procedures of those agencies/
funds, where the legal agreements provide for tender evaluation without
including the customs duty; |
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(e) |
Supply of capital goods,
including in unassembled/ disassembled condition as well as plants,
machinery, accessories, tools, dies and such goods which are used for
installation purposes till the stage of commercial production and spares to
the extent of 10% of the FOR value to fertiliser
plants. |
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(f) |
Supply of goods to any
project or purpose in respect of which the Ministry of Finance, by a
notification, permits the import of such goods at zero customs duty coupled
with the extension of benefits under this chapter to domestic supplies; |
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(g) |
Supply of goods to the power
projects and refineries not covered in (f) above. |
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(h) |
Supply of marine freight
containers by 100% EOU (Domestic freight containers–manufacturers) provided
the said containers are exported out of India within 6 months or such further
period as permitted by the Customs; and |
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(i) |
Supply to projects funded by
UN agencies. |
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(j) |
Supply of goods to nuclear
power projects through competitive bidding as opposed to International
Competitive Bidding. |
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The benefits of deemed
exports shall be available under paragraph (d), (e), (f) and (g) only if the
supply is made under the procedure of International Competitive Bidding
(ICB). |
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Benefits for Deemed Exports |
8.3 |
Deemed exports shall be
eligible for any/all of the following benefits in respect of manufacture and
supply of goods qualifying as deemed exports subject to the terms and
conditions as given in Handbook (Vol.1):- |
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(a) |
Advance Licence
for intermediate supply/ deemed export/DFRC. |
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(b) |
Deemed Exports Drawback. |
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(c) |
Refund of Terminal Excise
duty. |