Public Notice No. 70/2004-09, Dated: 07.04.2005

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

DEPARTMENT OF COMMERCE

PUBLIC NOTICE No. 70 /2004-09

NEW DELHI, dated: April 7,2005

In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy, 2004-09, the Director General of Foreign Trade hereby notifies Appendix 17D of the Handbook (Vol. 1)contained as Annexure ‘A’ to this Public Notice prescribing the application format for the Target Plus Scheme for status holders for the year 2004-05.

This issues in Public interest.

Sd/-
(K. T. Chacko)
Director General of Foreign Trade

(Issued from F. No. 1/94/180/Pol.FORM/AM05/PC.IV)

APPENDIX 17-D

Application Form for Target Plus Entitlement for Exports Effected During 2004-05

(Please see paragraph 3.7.1 of the Policy and 3.2.5 of the Handbook).

FOR OFFICIAL USE

File No.:——————————– Date:——————————

—————————————————————————–

1. Name and address

2. I E Code Number

3. Details of Status Certificate

a) Status 1/2/3/4/5 Star Export House / EH/TH/STH/SSTH

b) Status Certificate Number

c) Date of Issuance

d) Valid upto

4(A) 4.(B).	RCMC No. and date Name of the Group Companies
SN	Names of the Group Company	Eligible Export turnover (Rupee in Crores)
		2003-04		2004-05
1
2
3
	Total Group turnover

If the applicant is part of a Group company as defined in Chapter 9 of Foreign Trade Policy, Entitlement will be adjusted in terms of Para 3.7.4 of Foreign Trade Policy.

5A. Details of Exports:

S.No.	Categories	FOB Value of Exports in US $ (Free Foreign Exchange other than US$ should be converted into US$ as notified by Customs)
		2003-04		2004-05
		US $ A	Rupee* B	US $ C	Rupee* D
01.	Annual Export Turnover
02.	Exports made in categories (a to g) mentioned at Sr. No.VI of the declaration appended hereto
03.	Third Party Exports not covered by Sr no VII of the declaration
04.	Eligible Exports = 1 – (2 + 3)
05	Incremental Growth percentage =. 100*(C-A)/A%

*FOB value in Rupee as per shipping bill shall be taken.

5B. Calculating the eligibility

i-Export turnover in 2003-04 >=10 crores as in Row 4 of table 5A

ii-Minimum incremental growth export figure at Row 5 in table 5A i.e. 100*(C-A)/A >=20%

5C(i):

The entitlement shall be calculated on the percentage incremental growth in FOB value of exports in the current licencing year over the previous licencing year, as under:

Percentage incremental growth	Duty Credit Entitlement (as a % of the incremental growth)
20% and above but below 25%	5%
25% or above but below 100%	10%
100% and above	15% (of 100%)

5C(ii) Incremental growth beyond 100% will not qualify for computation of duty credit entitlement

5D: Entitlement Rate: 5/10/15% (strike out whichever is not necessary)

6. Total value for Target Plus Entitlement: Rs………………………………………………..

(=(C-A) from Row 4 of Table 5A x Applicable Rate as per 5D subject to Cap of 100% as per 5C(ii) above.)

7. Breakup for the Split–up Target Plus Entitlement, if any, requested for:

Sl. No.	Entitlement	Break-up of the Entitlement for split-up

Details of the Application Fee :

a) Value of DD/TR :

b) & name of the issuing bank :

Port of Registration (for import purpose):…………………………

Details of Exports:

Statement of Export (Licensing year-wise):

Category of Exports	Broad Product category of Items exported		FOB value of Exports (n US $ ) (Free Foreign Exchange other than US$ should be converted into US$ as notified by Customs)
			2003- 2004	2004- 2005
A. Direct Export	1.	Engineering
	2.	Chemicals
	3.	Plastics
	4.	Leather and Leather Products
	5.	Sports Goods
	6.	Fish and Fish Products
	7.	Food Products
	8.	Handicrafts
	9.	Electronics
	10.	Textiles
	11.	Miscellaneous
		Total
B Eligible Third Party Export**	1.	Engineering
	2.	Chemicals
	3.	Plastics
	4.	Leather and Leather Products
	5.	Sports Goods
	6.	Fish and Fish Products
	7.	Food Products
	8.	Handicrafts
	9.	Electronics
	10.	Textiles
	11.	Miscellaneous
		Total
C. Grand Total C = A + B			US $	US $

**A separate list for each product group May be attached with names and address of the

Associate Mfr /supporting Mfr/job worker *

Direct exporter and Supporting manufacturer Entitlement details

(Separate sheet to be submitted for direct exporter and each of the supporting manufacturers)

Goods allowed to be imported under this scheme shall have a broad nexus with the products exported and a declaration in this regard shall be made by the applicant in Appendix 17D.

Name–

Address—
PAN Number

Phone No.—

SN	Products exported during 2003-04 (Eligible category products only)	Value of eligible exports		Product wise Duty credit**	Probable related import items***
					1	2	3
		US $	Rupees* X	Rupees Y
1
2
3
4
5
6
7
8
	Total		SX

* For Rupee Value use the FOB Value as per shipping bill.

** Product wise Duty credit to be computed by the following formula:

Y_i= (X_i* Value of the total DFCE Entitlement) / SX

*** For more than 3 items, add columns or list.

11. DECLARATION

I. I/We hereby declare that this application is based on exports earnings realized in free foreign exchange during the licencing year 2003-04 and 2004-05.

II. I/We further certify that I/We am/are authorised to verify and sign the statement on behalf of the applicant.

III. I/We fully understand that any information furnished in the above statement, if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

IV. I/We further declare that I/We has/have not applied nor obtained another Target Plus Certificate issued under paragraph 3.7.1 of the Policy based on the exports in free foreign exchange during 2003-04 and 2004-05.

V. I/We further declare that I/We shall comply with the provisions of the Exim Policy/Handbook of Procedure (Vol.1) and the relevant Customs notification while importing the goods under the scheme and subsequent use of the same under actual user condition.

VI. I/We further declare that for calculating the value of exports, the following exports have not been taken into account, namely:-

(a)	Export of imported goods covered under Para 2.35 of the Foreign Trade Policy or exports made through transshipment.
(b)	Export turnover of units operating under SEZ/EOU/EHTP/STPI/ BTP Schemes or products manufactured by them and exported through DTA units
(c)	Deemed exports (even when payments are received in Free Foreign Exchange and payment is made from EEFC account).
(d)	Service exports
(e)	Rough, uncut and semi polished diamonds and other precious stones
(f)	Gold, silver, platinum and other precious metals in any form, including plain and studded jewellery.
(g)	Export performance made by one exporter on behalf of another exporter

VII. I/We further declare that in case of third party exports, the export documents viz. Export Order, Invoice, G R form, Bank Realization Certificate are in the name of the applicant only. None of these documents contain any other name along with our name.

VIII. I/We undertake that the export performance has not been transferred to or transferred from any other exporter.

IX. I/We have not applied for/ taken the benefit of Vishesh Krishi Upaj Yojana for the exports for which I am taking benefit under the Target Plus scheme.

X. I/We further declare that in respect of capital goods and/or office equipments, a certificate from jurisdictional Deputy Commissioner Central Excise/Assistant Commissioner of Central Excise or an independent Chartered Accountant, as the case may be, shall be produced confirming installation and use of capital goods and/or office equipments in the importer’s factory or premises, within six months from the date of imports or within such extended period as the said Deputy Commissioner of Customs or Assistant Commissioner of Customs may allow.”

Signature	SS Signature:…………………
Name in Block Letters	:.Name in Block Letters:……………………….
Designation	:. Designation:……………………….
Place	:. Place:……………………….
Date ……	Full Official Address:………………………………………………..
Residential Address	:.Residential Address:………………………
E.Mail address	:. E-Mail address:………………………

Official

Stamp/Seal

NOTE

If an applicant is not satisfied with the calculation of entitlement under the Target Plus scheme, he may approach the Grievance Redressal Committee at the Ministry of Commerce & Industry. The details are available at http://commerce.nic.in/grc.htm

CERTIFICATE OF CHARTERED ACCOUNTANT/COST AND WORKS ACCOUNTANT/

COMPANY SECRETARY

I/We hereby confirm that I/We have examined the prescribed registers and also the

relevant records of M/s…………….. for the licensing period(s) ….. and

hereby certify that:

i) M/s…………………………. (Name and address of the applicant) who is

a Star Export House have earned foreign exchange for the Exports effected during the licensing years, 2003-04 and 2004-05 as per the details supplied in the details of exports at Sl.No.5.

The following documents/records have been furnished by the applicant for verification of the export details and have been examined and verified by me/us namely: (Tick whichever is applicable and give details)

a) Export Order, Invoice (Should contain only the name of the applicant)

b) Bank Certificate of foreign exchange earning/ FIRCs and GR declaration (Should contain only the name of the applicant)

c) Shipping Bills

d) Any other document (please specify).

ii) The financial information given in the above statement is in agreement with the relevant register and records; the same has been incorporated in the books of accounts maintained by M/s………………. and their subsidiaries; and is also true and correct.

I/We have verified that in case of third party exports, Export Order, Invoice, GR form, Bank Realization Certificate do not contain 2 names and are in the name of the applicant only . Where goods are procured from a manufacturer,
the shipping bill contains the name of the exporter as well as the supporting manufacturer and no other party. 

iii) It has been ensured that the information furnished is true and correct in all respect; no part of it is false or misleading and no relevant information has been concealed or withheld;

iv) Neither I, nor any of my partners is a partner, director, or an employee of the above-named entity or its associated concerns;

v) I/we fully understand that any statement made in this certificate, if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

(* Strike out whichever are not applicable)

Signature………………………..

Place………. Tel.No. ……………………….

Official

Date……….. Stamp/ Seal

Regn. No. and Date of the

Corporate Membership……….

——————————————————————————

Documents to be enclosed with the application form:

——————————————————————————

Documents to be enclosed with the application form:

——————————————————————————

1. Copy of the status holder certificate.

2. Copy of the balance sheet filed with Income Tax Authorities for the relevant year and CA certificate.

3. Self certified copies of shipping bills for direct and third party exports for the year 2004-05 and a statement of exports in the following format.

Name of the Direct /third party exporter	SB number	Let export date	Item description	FOB value	Date of realization of Money

4. Any other Document that may be specified or called for.

APPENDIX – 17-E

STATEMENT OF UTILISATION OF TARGET PLUS ENTITLEMENT

FOR STATUS HOLDERS

(Please see paragraph 3.7.1 of the Policy and 3.2.5 of the Handbook)

Reference File Number	…………………..
Date of issue of entitlement:	………………………………..

——————————————————————————

1.	Name and address	:	……….. ..
2.	I E Code Number	:	………
3.	Status	:	One/ Two/ Three/ Four/Five Star Export House
4.	Credit value of the Target Plus Entitlement (in rupees lakhs)	:	..
5.	Credit value utilised (in rupees lakhs)	:

6. Details of imports made under the Target Plus entitlement:

Sl.No.	Description of import Item	Effective Customs duty (in %age)	Value debited (in rupees lakhs)
(1)	(2)	(3)	(4)
1. 2. 3. 4.

DECLARATION

1. I/We further certify that I/We am/are authorised to verify and sign the statement on behalf of the applicant.

2. I/We fully understand that any information furnished in the above statement, if proved incorrect or false, will render me/us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted.

3. I/We further declare that I/We has/have made imports against the duty entitlement certificate issued under paragraph 3.7.1 of the Policy based on the exportsin free foreign exchange during 2003-04 and 2004-05.

4. The imports made under the Target Plus Entitlement number………..……………………. Dated………………………… are those of capital goods/office equipment and inputs which are freely importable and which are required in my/our line of business or the lineof business of the Associate Mfr./ Supporting Mfr./ Jobworker.

Signature:………. Signature	……
Name in block letters	:………………………..
Designation Designation	:………………………..
Place Place	:………………………..
Date ……… Full Official Address	:………………………..
Residential Address Residential Address	:………………………..
E. Mail E.Mail address	:………………………..

Official

Stamp/Seal