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We also find that the Board vide its Service Tax instructions F.No.B..43/5/97-TRU, dated 2.7.97 held in para 3.5 that the expenses incurred on account of reimbursable expenses shall not form part of the value of the taxable services. To the same effect is another instruction being Service Tax F.No.B11/98-TRU, dated 7.10.98.
This facility shall not be available where misrepresentation / fraud has come to the notice of any authority.
FOB value of export for the purpose of V.A shall be arrived at after excluding the Agency Commission, if any. This provision shall be applicable for authorizations issued on or after 1.4.2008.
For the purpose of import of fuel under Advance Authorisation, the applicant shall indicate the name of the specific fuel sought for import in their application. Import of fuel shall also be permitted under Paragraph 4.7 of Handbook of Procedures, v1 or against Adhoc Norms as per the entitlement under “General Note for Fuel.
In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy 2004-09, the Director General of Foreign Trade hereby makes the following amendments in Handbook of Procedures.
In case of sub-contracting of production process abroad, goods may be exported from sub-contractor premises subject to conditions that at the time of clearance of goods, the EOU/EHTP/BTP/STP shall declare (i) the transaction value of the finished goods to be cleared from the sub-contractor’s premises abroad; (ii) job work charges to be paid to the sub-contractor abroad; and (iii) value of intermediate goods, supported with documents like (a) sale price contract/or invoice for the finished goods, (b) job work contract and (c) the basis of arriving at the value of intermediate goods. The EOU/EHTP/BTP/STP shall also ensure full repatriation of foreign exchange declared as the transaction value of the finished goods cleared from the sub-contractor’s premises abroad.
Exports made against an EPCG licence/authorization, which have not been redeemed, shall not be added up for calculating the average export performance for the purpose of subsequent EPCG authorization.
A copy of this circular is available at the web page “F.I.I.” on our website www.sebi.gov.in. The custodians are requested to bring the contents of this circular to the notice of their respective clients.
Further, the condition of 100% supplies and 90% payment apply for 100% TED refund. Accordingly, TED reimbursement on prorata or actual basis whichever is less, would be admissible for part payments received, subject to production of documents evidencing payment of TED.
Further at the time of redemption of EPCG Authorisations for exporters (of goods) where foreign exchange earned on exports made during 1.4.2007 till 31.3.2008 is used for discharge of EO, RAs must examine this aspect once again to ensure that duty credit scrip has not been granted for foreign exchange earned on exports made during 1.4.2007 till 31.3.2008 which has been used for fulfillment of pending EO under EPCG Authorizations (over and above the average).
