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The present article will help you to understand the meaning of Services Export from India scheme (SEIS) in detailed manner, objectives, benefits, eligibility criteria, procedure and all other information required to avail the benefit of this SEIS scheme.

Introduction

As we are aware of the fact that the promotion of exports of a country is always been the most critical and vital course of action of any government. This is due to the reason that it has a vast impact on overall development of a nation. Central government notified a scheme called Service Exports from India Scheme (“SEIS”) under Foreign Trade Policy 2015-20 (“FTP”). The purpose for the scheme is to make export of Indian services more competitive in international market. SEIS replaced ‘Served From India Scheme (“SFIS”) which was introduced in past, the validity of SEIS scheme is for a period of 5 years ie., till 2020. Under SEIS scheme, incentives in the form of scrips at a rate ranging from 3% to 5% on services exporter’s net foreign exchange earnings are given to exporters of notified services which can be used for to settle the payment of duties and are also freely transferrable in open market.

Objectives of SEIS Scheme

The objectives of the scheme are provided under chapter 3 of FTP 2015-20 which are as follows:

  • Promote exports of notified services;
  • To make our services more competitive in global market;
  • Incentives to exporters to offset infrastructural inefficiencies and associated costs involved.

Benefits of SEIS Scheme

The Duty Credit Scrips and goods imported/procured against these scrips shall be freely transferable. Credit Scrips may be used for payment of Basic Customs duties ie., BCD, Composition Fee, for Export Obligation (EO) defaults, Authorizations issued under Chapter 4 and Chapter 5 (i.e. Duty exemption Schemes and EPCG Scheme) of FTP 2015-2020, application fee under FTP 2015-2020, if any, and fees for permitted imports of inputs or goods, except the items listed in Appendix 3A of Hand Book Of Procedures (“HBP”) i.e. except items not allowed for import under Export from India Schemes. Once scrip are being issued, request for splits could be permitted with same port of registration for EDI enabled ports in terms of Para 3.09 of HBP. However, according to Trade Notice No. 11/2018 Dt. 30/06/2017, IGST, CGST, SGST GST and Compensation Cess, as may be applicable should be paid and may be availed as input tax credit, if eligible, in accordance with the provisions of GST.

Duty Credit Scrips

Duty credit Scrips (“Scrips”) are nothing but incentives/rewards which are given to the eligible exporters at a notified rates. These Scrips can be used for the payment of different duties or taxes like customs duties, excise duties, service tax on the procurement of services, exchange duties and other. These credit Scrips are valid for a term of 18 months from the date of its issuance.

Service providers of eligible services are entitled to duty credit scrip at notified rates on the net foreign exchange earned by the Service providers. It is to be noted that these Scrips cannot be utilized for paying Integrated Goods and services tax (IGST) and GST Compensation Cess (if applicable) on import of goods.

Eligibility Criteria Under SEIS

Basically there are 4 categories in which a services can be delivered/exported:

Category-1 Category -2 Category -3 Category -4
Cross border trade of eligible services from one country’s to the other country. Consumption of services in abroad Commercial presence of services of one country in the territory of another. Presence of natural person of one country providing their service in the territory of another

It is pertinent to note that only first two types of services are covered under SEIS and can take the incentive under the scheme.

Further, Service providers also required to satisfy below conditions for obtaining the benefits under SEIS.

1. Service provider must be located in India.

2. He must hold IEC number.

3. If he is both ie., manufacturer as well as service provider then the net foreign exchange earned by him shall be considered for services only.

4. Forth and the most vital condition can be defined as follows:

IN CASE APPLICANT IS A COMPANY, LLP OR A PARTNERSHIP FIRM IN CASE APPLICANT IS AN INDIVIDUAL OR SOLE PROPRIETOR
Minimum of $15,000 net free foreign exchange earnings shall be there in the previous financial year to apply for the application to get rewarded. Minimum $10,000 net free foreign exchange earnings shall be there in the previous financial year to apply for the application to get rewarded.

Here the term “Net Foreign exchange earnings” defined as under:

Net Foreign Exchange= Gross Earnings of Foreign Exchange (minus) Total payment/expenses/remittances of Foreign Exchange by the Service provider, relating to services in the Financial year.

Ineligible Categories Under SEIS

Ineligible categories has been specified under Para 3.09 of FTP, the same can be enumerated herein below–

Foreign exchange remittances/sources of earnings:

equity or debt participation;

receipts of repayment of loans;

donations;

any other inflow of foreign exchange, unrelated to rendering of services, etc.

Export turnover relating to services of units operating under EOU / EHTP / STPI / BTP Schemes or supplies of services made to such units.

Special Provisions: Government has reserved its right if they find it in public interest, they can impose restriction /change the rate/ceiling on Duty Credit Scrip under this policy, etc.

In order to claim the benefit under SEIS, application must be filed within 12 months from the end of financial year of the claim period.

It is to be noted that the application can be filed after the aforesaid period however in that case a small late cut shall be applied (as per Para 9.02 of the HBP). Herein below is a table to understand the late cut to be imposed by the government.

PARTICULARS CREDIT ALLOWED ON OR BEFORE THE DUE DATE LATE CUT RATE TO BE IMPOSED NET ELIGIBILITY

 

If Application is being received within 6 months from the last date of filing 100% 2% 98%
If Application is being received after 6 months but before 1 year from the last date of filing 100% 5% 95%
If Application is being received after a period of 12 months but before 2 year from the last date of filing. 100% 10% 90%

How To Apply For Application of SEIS and Document Required

Now let’s have a look on the procedure for filing of application of SEIS online:

a). Visit www.dgft.gov.in ;

b). Go to services tab;

c). In it you will find Online Ecom Application;

d). Thereafter chose the year for which application for SEIS is to be filed ie., 2015-2016 & 2016-2017, 2017-2018 & 2018-2019;

DOCUMENT REQUIRED:

Signed copy of the following documents needs to be uploaded:

1. IEC

2. Application Form for Service Exports From India Scheme (SEIS) in Form ANF 3B

3. Write Up of Services as per Form ANF 3B,

4. Invoices and FIRC’S

5. RCMC certificate

6. Certificate of Chartered accountant in Annexure to ANF3B

Conclusion: Hence, one can say that it is a proactive step to boost our exports, incentive of the scheme can be claimed under Chapter-3 of FTP on services as notified under the FTP 2015-2020. Once the application is approved Duty Credit Scrips will be issued which can be used for the payment of different duties. Application can also be applied after the last date of submission however; in that case a late cut shall be deducted from eligible credit.

About Author: Praveen Singh has done his graduation from University of Delhi and currently, he is working with Letscomply as a “Compliance Head”. He is pursuing Company Secretary Course from Institute of Company Secretaries of India and he is also pursuing LLB from Rajasthan University. You can reach out Praveen Singh at: Email: [email protected].

Source- www.cbec.gov.in, https://dgft.gov.in/, www.nacenkanpur.gov.in, https://www.icai.org/, https://www.icsi.edu/home/

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Author Bio

Praveen Singh is a Founder and Managing Partner of TRIJURIS (Legal & Taxation Service Provider in Delhi). The head office of the firm is based in Delhi. The firm inter-alia engaged in providing services related to Corporate and Commercial laws advisory, Indirect taxation, Setting up industries in In View Full Profile

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19 Comments

  1. Ravindra R Naik says:

    I have 2 queries :-

    1) A software company in India is a subsidiary of US Company . The software company in India export software to parent company in US against purchase order issued by them . Are they then eligible to claim SEIS benefits.

    2) An Engineering company in India is a subsidiary of France Company . The Engg company in India export engg services to its parent company in France against purchase order issued by them . Are they then eligible to claim SEIS benefits.

  2. POONAM DHANWANI says:

    WE HAVE DONE VARIOUS HANDLING FOR VESSELS AND PROVIDED NO OF SERVICES LIKE PROVIDING EQUIPMENT , LIGHT WATER , PILOTAGE ETC BUT PARTLY OTHER THINGS LIKE TRANPORTATION WAS GIVEN TO OUR SISTER CONCERN COMPANIES , BUT FOREIGN CONT RECIEVED BY US , WILL WE GET BENIFI OF WHOLE AMT OR CAN THE TWO CO REGISTERED TOGETHER

  3. sibi chakravarthi says:

    We have a Clinical Research Organization(CRO)
    We export our Services from that CRO.
    Do we have to file Softex Forms with STPI for such exports?
    Can we claim SEIS benefits from the DGFT?
    Kindly throw some light on the above
    Thanks

  4. Paras rawat says:

    Thank your very much for sharing this and discussion over call yesterday.

    I was providing services outside however didn’t know about this scheme

    Thanks again sir

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