#Export & Import Management : A Complete Guide# By SN Panigrahi
It is very crucial to understand the market conditions, correct business techniques, demand and supply patterns, identifying potential and correct marketplace and carrying out relevant market research before starting out with any business. This blog is sure to help many young aspiring entrepreneurs out there who are going to start their own export business. They will be able to decide more clearly as to what commodities should they engage into and what countries should they target initially to start off with their business. Moreover it is very important to understand that starting up a business does not require a fancy degree but just skill, talent and application of correct business techniques at the correct time.
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SN Panigrahi is a Versatile Practitioner, Strategist, Energetic Coach, Learning Enabler & Public Speaker.
He is an International-Corporate Trainer, Mentor & Author
He has diverse experience and expertise in Project Management, Contract
Management, Supply Chain Management, Procurement, Strategic Sourcing, Global
Sourcing, Logistics, Exports & Imports, Indirect Taxes – GST etc.
He had done more than 150 Workshops on above
Published more than 500 Articles
He is an Engineer + MBA +PGD ISO 9000 / TQM with around 29 Yrs of
Experience
He is a certified PMP® from PMI (USA) and become PMI India Champion
Also a Certified Lean Six Sigma Green Belt from Exemplar Global
Trained in COD for 31
/2 Yrs. on Strategy & Leadership
GST Certified – MSME – Tech. Dev. Centre (Govt of India Organization)
ZED Consultant – Certified by QCI – MSME (Govt of India Organization)
Member Board of Studies,
IIMM & Co-Chairman, Indirect Tax Committee, FTAPCCI
Empanelled Faculty in NI MSME
He has shared his domain expertise in various forums as a speaker & presented a number of papers in various national and
international public forums and received a number of awards for his writings and contribution to business thoughts.
SN Panigrahi
9652571117
snpanigrahi1963@gmail.com
Hyderabad
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Trade involves the Transfer or Exchange of Capital, Goods or
Services from one person or entity to another, often in exchange for money. But trade may
also be executed with the exchange of Goods or Services between both parties, referred to as a barter or payment with a virtual
currency (Bitcoin)
– ie Trading is facilitated through three primary types of exchanges. Trades are executed with the payment of sovereign
currency, the exchange of goods and services, or payment with a virtual currency.
Trade may be within the same Country ie Domestic Trade also known as internal trade or home trade or International Trade ie
trade across the Boarders.
Monitory Terms (Currency)Monitory Terms (Currency)
Non-Monitory Terms (Barter)Non-Monitory Terms (Barter)
Partly in Monitory Terms &Partly in Monitory Terms &
Partly in No-Monitory TermsPartly in No-Monitory Terms
Payment with a virtual
currency (Bitcoin)
Means
DomesticDomestic
TradeTrade
InternationalInternational
TradeTrade
SN Panigrahi
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Disadvantages of International Trade
The only way to boost exports is to make trade easier overall. Governments do this by reducing tariffs
and other blocks to imports.
That reduces jobs in domestic industries that can't compete on a global scale.
It also leads to job outsourcing.
That's when companies relocate call centers, technology offices, and manufacturing.
They choose countries with a lower cost of living.
Countries with traditional economies could lose their local farming base. That's because
developed economies subsidize their agribusiness.
Both the United States and the European Union do this. That undercuts the prices of the local
farmers.
SN Panigrahi
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Growth in global trade volumes is likely to slow down to 2.6 per cent in 2019 compared to 3 per cent in 2018, due to
rising trade tensions between major economic powers and increased economic uncertainty, according to WTO
estimates.
Trade growth could then rebound to 3 per cent in 2020, but only if there is an easing of trade tensions, said a WTO
report
The value of merchandise trade was up 10 per cent to $19.48 trillion in 2018, partly due to higher energy prices. The
value of commercial services trade rose 8 per cent to $5.80 trillion in 2018, driven by strong import growth in Asia,
the report added.
SNPanigrahi
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Merchandise trade volume, as measured by the average of
exports and imports, grew by 4.7 per cent, marking the first
annual increase in excess of 3.0 per cent since 2011.
In 2016, it had contracted 4 percent. It had grown 2
percent in 2015, and 3.4 percent in 2014. It's returning
to the average annual 10 percent growth rate between
1961 and 2013.
The dollar value of merchandise exports rose by 11 per
cent, to US$ 17.73 trillion1, while commercial services
exports increased by 8 per cent to US$ 5.2 trillion
International trade contributes about 27
percent to the global economy. Until the 2008
financial crisis, world trade grew 1.9 times faster than
economic growth. Until 2017, trade grew more slowly
than the global economy.
Source: Central Intelligence Agency
In 2017, world merchandise trade recorded its strongest growth in six years. Significantly, the ratio of trade growth to GDP
growth returned to its historic average of 1.5, far above the 1.0 ratio recorded in the years following the 2008 financial
crisis.
In 2017, world trade was $34 trillion. That's $17 trillion in exports plus $17 trillion in imports.
SN Panigrahi
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Rank Country
2017 Export
Billions
Growth over
Previous
Year
1 China $2,263.00 7.90%
2 United States $1,546.00 6.60%
3 Germany $1,450.00 8.20%
4 Japan $698.10 8.20%
5 South Korea $573.70 15.80%
6 Hong Kong $550.20 6.50%
7 France $523.40 7.10%
8 Netherlands $505.90 13.70%
9 Italy $503.10 9%
10 United Kingdom $442.10 7.40%
11 Belgium $430 8%
12 Canada $420.60 8.10%
13 Mexico $409.50 9.50%
14 Singapore $373.30 10.40%
15 Russia $359.20 25.80%
16 Spain $319.60 13.40%
17 Taiwan $317.70 13.30%
18 United Arab Emirates $308.50 3.30%
19 Switzerland $299.30 -1.80%
20 India $295.80 13.60%
21 Vietnam $265.10 50.10%
22 Thailand $236 10.50%
23 Australia $229.70 21.20%
24 Poland $221.30 12.70%
25 Saudi Arabia $220.10 23%
Overall, total export
products were worth an
estimated US$17.585 trillion
in 2017. That dollar amount
reflects a -6.9% drop over
the 5-year period starting in
2013 but an 10.7% uptick
from $15.886 trillion during
2016.
Based on statistics from the
Central Intelligence Agency’s
World Factbook, the total
Gross Domestic Product
(GDP) for all countries
totaled $127.8 trillion for
2017.
Therefore, exported goods
account for about 13.8% of
overall worldwide economic
output in terms of GDP
Source :
Central Intelligence Agency, The
World Factbook: world economy
statistics. Accessed on November
25, 2018
Rank Country
2017 Export
Billions
Growth over
Previous Year
SN Panigrahi
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Are you Ready for
Export Business?
Plan your Market Entry and
Finalize the Right
Agreements
Order Fulfilment &
Post Export
FormalitiesSN Panigrahi
Setting Up
Organization
What to Export Where to
Export
How to Export
Fulfilling Export Order
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The steps in starting a small business include creating a viable business plan, doing the relevant market
research, finalising funding sources and pinning down the business model.
Once you have validated your idea with these steps, and understand what is an Export & Import Business, it’s
important to follow certain basic steps as follows to setup an organization and Complete some Statutory
Formalities.
SN Panigrahi
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Establish an Organization
Your business may be of one of the following types:
SNPanigrahi
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Consider the following aspects to know what kinds of Export Import Business you should start
What is your experience base and education?
Example, if you know well about logistics and custom, then you can start providing needed services for other exporters
and importers.
Consider, how much you can invest. If you can’t invest much, then consider starting as an export-import agent, or
selling online.
Do you have business skills or experiences?
If you have, then you can take a bigger risk and why not to start a direct export business. If you don’t have experiences,
then choose this kind of import-export business idea, which is less risky.
Do you know very well some product or industry?
Example, if you know very well about agriculture and agriculture products, then you can consider starting looking
export import business ideas from this field.
SN Panigrahi
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Get license for benefit
under export promotion
scheme
Get Export Credit
Insurance
Get Export
Assistance
Inland
Transportation
Pay/Exempt
from GST
Payment
Get Credit/
Guarantees
Pay duties/ clear
immigration
Intermediate
Inland
Storage
Overseas
Shipment
Port Caro
Handling
Procedures
SNPanigrahi
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Are you considering to start your own export-import business?
It is a good idea, the world is more open and trading across the countries is more liberal than ever before,
import export business is booming.
The current Indian economic climate is ripe with opportunity for individuals ready to strike out on their own
with a great business idea.
Import export businesses can be very profitable in the long run provided right strategies backed by right
country - product mix is selected.
Do some homework on starting a small business before you embark on this journey. Here a quick guide on
what you need to consider when starting a small business in India.
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1.Identify your Unique Skill Sets – or which you Like the Most - ”Find something that you Love Doing” - things you
like to do or that you're really good at - or Identify Products / Services that you are well Acquainted.
2.Identify your biggest frustration – or Issues or Problems that you are facing : Determine what products or services
would make your life easier or happier, make you more productive or efficient, or simply give you more time.
3.Think about other’s Problems / Challenge — Think How to Find a Solution / Way Out
4.Start doing anything …… just doing anything is the best and fastest way to the perfect idea. You can’t expect the
best idea to come to you on the first attempt. You may have to try several times
5.Unplug, and Do Something Different – Develop Something Different.
Look for Ideas – Think, Talk to others about your idea, especially people you trust. & Brain
Storm with them, Visit Exhibitions / Markets, search on Google or YouTube, See Magazines
& Periodicals, Visit Concerned Institutions.
The opportunities are all there; you just need to search them out. If your brain is always set in idea mode, then
many ideas may come from just looking around or reading. Getting an idea can be as simple as keeping your
eyes peeled for the latest hot businesses; they crop up all the time.
Look for Ideas
SN Panigrahi
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Are you Ready for
Export Business?
Plan your Market Entry and
Finalize the Right
Agreements
Order Fulfilment &
Post Export
FormalitiesSN Panigrahi
Setting Up
Organization
What to Export Where to
Export
How to Export
Fulfilling Export Order
33. 33
The steps in starting a small business include creating a viable business plan, doing the relevant market
research, finalising funding sources and pinning down the business model.
Once you have validated your idea with these steps, and understand what is an Export & Import Business, it’s
important to follow certain basic steps as follows to setup an organization and Complete some Statutory
Formalities.
SN Panigrahi
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Establish an Organization
Your business may be of one of the following types:
SNPanigrahi
35. Develop Your Export Strategy
Review and Understand
Export and Import
Regulations
Prepare Your Goods for
Shipping
Export Marketing is the practice by which a company sells products or services to a foreign country.
Products are produced or distributed from the company’s home country to buyers in international
locations.
SNPanigrahi
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Consider the following aspects to know what kinds of Export Import Business you should start
What is your experience base and education?
Example, if you know well about logistics and custom, then you can start providing needed services for other exporters
and importers.
Consider, how much you can invest. If you can’t invest much, then consider starting as an export-import agent, or
selling online.
Do you have business skills or experiences?
If you have, then you can take a bigger risk and why not to start a direct export business. If you don’t have experiences,
then choose this kind of import-export business idea, which is less risky.
Do you know very well some product or industry?
Example, if you know very well about agriculture and agriculture products, then you can consider starting looking
export import business ideas from this field.
SN Panigrahi
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Inquiry
Offer / Quote
Negotiations
Agreement & Contract
An Export Sale often begins when a company receives an Enquiry from a potential Overseas Customer.
Most sellers typically reply with a sales proposal / Offer or Quote or a proforma invoice. Unfortunately,
companies too often respond to these inquiries without much thought, which can result in problems down
the road, particularly if this inquiry represents a potential export sale.
Successful exporters have internal procedures in place to ensure they respond in a way that will result in
a successful export transaction.
Generally after Offer / Quotation is sent, both the parties Negotiate Price and other Terms and then enter
into an Agreement or Contract SN Panigrahi
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Sourcing should be focused on the competitive advantage they deliver to the company, vis a vis their
competition. Good Sourcing / Procurement can actually drive Competitiveness in terms of Price, Quality,
Delivery and improvements in supplier relationships.
SN Panigrahi
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An important stage after manufacturing of goods or their procurement is their preparation for shipment.
This involves labeling, packaging, packing and marking of export consignments.
Proper packaging and labeling not only makes the final product look attractive but also save a huge amount of
money by saving the product from wrong handling the export process.
SN Panigrahi
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Proforma Invoice is a kind of
quotation, containing a commitment
by the seller to supply goods at the
specified rate and date; Qty & Quality;
Packing & Transport Proposals.
Proforma Invoice is used for the
creation of sales & is issued prior to
actual sale takes & sent in advance of a
shipment or delivery of goods.
Proforma Invoices are issued for
Verifying the Correctness of
Information or to obtain certain
clearances from Govt. Authorities or
for arranging advance payment or L/C.
Invoice is a sort of Bill of Merchandize
for goods sold, displaying the amount
due to the buyer. It Contains specific
details as required in Contract / LC.
Invoice is used for confirmation of sale.
Invoice is used to record 'accounts
receivable' for the seller and accounts
payable for the buyer.
Invoice is a demand or request for
payment after shipment with
affirmative details of Price, Qty,
Shipment & Payment etc. Sometimes
used for Customs Clearance / Forex
Clearance.
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1 Name, Address,GSTIN No of Supplier
2
Unique Serial Number of Each Invoice in one or multiple series (Can have Dash
-orSlash /.But it should be different series for each year
3 Date of Issue of Invoice
4 Name , Address ,GSTIN of recipient If Registered
5
In Case of Unregistered Buyer, Name, Address, State, Place of Delivery is compulsorily
required if Invoice Value before taxes is more than 50000
6 HSN Code of Goods
7 Description of Goods
8 Quantity as well as Quantity Code or Units
9 Total Value
10 Discount if any and Taxable Value (Total Value-Discount)
11 Rate of Tax IGST & Tax Amount (if opted for Payment)
12 Country of Origin & Country of Destination
13 Address for Delivery
14 Whether Tax is Payable Under Reverse Charge
15 Signature/Digital Signature of Authorized Signatory
SN Panigrahi
52. 52Export Tax Invoive
(Under Sec 31 of CGST Act; Rule 46)
SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX”
Or
“SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX”
Exporter / Consignor / Beneficiary
Name & Address
GSTIN :
Invoice No. & Date Exporters Ref. / Sales Contract
Buyers Order No. & Date
Other Reference(s)
Importer / Consignee Buyer (if other than Consignee) Notify Party
Name and Address of the Other Party Involved other
than Buyer
Pre-Carriage by: Place of Receipt
by Pre-Carriage:
Country of Origin:
Port Code :
Country of Final Destination
Vessel / Flight Details Port of Loading Terms of Delivery :
Payment Terms :
L/C No. & Date :
Usance :
Port of Discharge Final Destination
Marks & Nos No. & Kind of Pkgs Description of Goods HSN
Code
Qty UoM
Foreign Currency Indian Currency
Price Value Price Value
Container No.
Discount
Taxable Value (FOB)
GST Rate
GST Amount
Exchange Rate : Total
LUT No. & Date
Bank Details Grand Total
Amount Chargable (Rs in Words)
For
Place
Date Authorised Signatory
SN Panigrah
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•Consular Invoice - Mainly needed for the countries like Kenya, Uganda, Tanzania, Mauritius, New
Zealand, Burma, Iraq, Ausatralia, Fiji, Cyprus, Nigeria, Ghana, Zanzibar etc. It is prepared in the
prescribed format and is signed/ certified by the counsel of the importing country located in the
country of export.
•Customs Invoice - Mainly needed for the countries like USA, Canada, etc. It is prepared on a
special form being presented by the Customs authorities of the importing country. It facilitates
entry of goods in the importing country at preferential tariff rate.
•Legalised / Visaed Invoice - This shows the seller's genuineness before the appropriate consulate
or chamber or commerce/ embassy.
•Certified Invoice - It is required when the exporter needs to certify on the invoice that the goods
are of a particular origin or manufactured/ packed at a particular place and in accordance with
specific contract. Sight Draft and Usance Draft are available for this. Sight Draft is required when
the exporter expects immediate payment and Usance Draft is required for credit delivery.
SN Panigrahi
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India took a leap forward in improving 'Ease of Doing Business' today by reducing the mandatory documents required
for import and export of goods to three documents each. The Directorate General of Foreign Trade (DGFT) issued a
Notification to this effect today
The Department of Commerce had set up an Inter Ministerial Committee under the Chairmanship of DGFT in July
2014 to study and recommend ways to reduce the number of mandatory documents required for export and import.
Based on the recommendations of the report, the RBI has agreed to do away with the 'Foreign Exchange Control
Form (SDF)' by incorporating the declaration in the 'Shipping Bill' (for exports) and dispensing with the 'Foreign
Exchange Control Form (Form A-1)' (for imports).
Customs have also agreed to merge the 'Commercial Invoice' with the 'Packing List' and have issued a Circular for
accepting 'Commercial Invoice cum Packing List' that incorporates the required details of both the documents. The
exporters and importers, however, have the option of filing separate 'Commercial Invoice' and 'Packing List' also, if
they so desire.
Shipping Ministry has also agreed to do away with the requirement of 'Terminal Handling Receipt' and make the
process online.
As regards, 'Technical Standard Certificate'/ 'Certified Engineer's Report', 'Product manual' and 'Inspection report',
these documents are required in specific cases/products/tariff lines only and are not mandatory for all products.
DGFT NOTIFICATION No.08/2015-2020 Dated 4 th June, 2015
SN Panigrahi
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Sr No Document Name Action Required
1
Foreign Exchange Control Form
(SDF ) of RBI
SDF has been subsumed in the Shipping Bill
2 Packing list
Commercial invoice has been made commercial invoice - cum-
packing list
3 Technical Stadard Certificate
Required in specific cases only. Government will take it up with
World Bank for dropping it as a mandatory document
4 Terminal Handling Receipts
Issuance of Terminal Handling Receipt / Form -13 /Form-11 can be
done away with by automating the process and integrating it with
Customs system
Export Documents that were dispensedExport Documents that were dispensed
Sr No Document Name Status
1 Cargo Release Order
Through enhanced EDI operations at Customs and its integration
with ports system and CFS, so that Bill of Entry processing details
are available at the gate of terminal through electronic message
exchange.
2 Product Manual Required in specific cases only. The Government needs to take it up
with World Bank for dropping these documents as mandatory
documents for imports
3 Certificate Engineer's Report
4 Inspection Report
5 Packing List Can be merged with Commercial invoice as in the case of export
6 Terminal Handling Receipt
Issuing Terminal Handling Receipts must be automated and
integrated with Customs system
Import Documents that were dispensedImport Documents that were dispensed
SN Panigrahi
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MANDATORY DOCUMENTS FOR EXPORT &
IMPORT
S. No. EXPORTS IMPORTS
1 Bill of Lading/ Airway Bill Bill of Lading/ Airway Bill
2 Commercial Invoice cum
Packing List
Commercial Invoice cum
Packing List
3 Shipping Bill/ Bill of
Export
Bill of Entry
MANDATORY DOCUMENTS LISTED BY WORLD BANK IN DOING BUSINESS REPORT
2015
S. No. EXPORTS IMPORTS
1 Shipping Bill Bill of Entry
2 Commercial Invoice Commercial invoice
3 Packing List Packing List
4 Bill of Lading Bill of Lading
5 Foreign Exchange Control Form (SDF) Foreign Exchange Control Form (Form A-1)
6 Terminal Handling Receipt Terminal Handling Receipt
7 Technical Standard Certificate Certified Engineer's
Report
8 Cargo Release Order
9 Product manual
10 Inspection report
DGFT NOTIFICATION No.08/2015-2020 Dated 4 th June, 2015
SN Panigrahi
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1) Extension of 24 X 7 Customs clearance facility for all types of
exports / imports clearance
2) Enabling customs EDI system to accept on line submission of all
Export / Import documents
3) Integration of Customs & excise in a common Information
Technology platform
4) Implementation of single window project of CBEC
5) Steps for quicker clearance by Regulatory Agencies other than
customs
6) Implementing change of system on examination norms with
sufficient notice
7) Implementation of existing rules for examination of export cargo
8) Abolition of stamp duty on delivery orders
SN Panigrahi
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Certificate of Inspection: This is the Certificate issued by the Export
Inspection Agency after it has conducted the pre-shipment inspection of
goods for export provided the goods fall under the notified category of goods
requiring compulsory shipment of inspection.
For this purpose, Export Inspection Council (EIC) was set up by the
Government of India under Section 3 of the Export (Quality Control and
Inspection) Act, 1963.
It includes more than 1000 commodities which are organized into
various groups for a compulsory pre-shipment inspection. It includes
Food and Agriculture, Fishery, Minerals, Organic and Inorganic
Chemicals, Rubber Products, Refractoriness, Ceramic Products,
Pesticides, Light Engineering, Steel Products, Jute Products, Coir and
Coir Products, Footwear and Footwear Products.
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Many governments within the African continent have put in place
stringent requirements to ensure that their consumers are protected
from sub-standard products. In this regard, they have now
implemented Pre-Shipment Inspection, Destination Inspection,
Conformity Assessment or PreExport Verification of Conformity
(PVoC). Exports to these countries require a certificate of conformity
or inspection to clear customs.
A few African countries have implemented the Certificate of Conformity
(CoC). Some of the countries having implemented the CoC are listed
below:
Kenya
Zimbabwe
Tanzania
Zambia
SN Panigrahi
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Insurance is an important area in the export business as the stakes are
usually very high.
Protection needs to be taken in the form of insurance cover for the duration
of transit of goods from the exporter to the importer.
SN Panigrahi
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Bill of Lading:
This is issued when the goods are shipped using ocean (marine) transport. When the
exporter finally hand over the goods to the shipping company for loading on board
the ship for transport to their final destination, the shipping company issues a set of
Bills of Lading to the exporter.
Bill of Lading is a legal document issued by a carrier to a shipper that details what
goods are being shipped, type, quantity, where they are going (Destination) and
where the shipment started (Origin)
A Bill of lading serves as a Receipt Issued by the Carrier.
A Bill of lading is a Document of Title,
A contract between a carrier and shipper (owner of the goods ).
This document must accompany the shipped goods and must be signed by an
authorized representative from the carrier, shipper.
If managed and reviewed properly, a bill of lading can help prevent asset theft and
assures Delivery at Pre-determined Destination in Proper Condition.
SN Panigrahi
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Mate's receipt is a receipt issued by the Commanding Officer of the ship
when the cargo is loaded on the ship. It is a prima facie evidence that
goods are loaded in the vessel.
Mate's receipt is first handed over to the Port Trust Authorities. After
making payment of all port dues, the exporter or his agent collects the
mate's receipt from the Port Trust Authorities.
Mate's receipt is freely transferable. It must be handed over to the
shipping company in order to get the bill of lading. Bill of lading is
prepared on the basis of the mate's receipt.
Mate's receipt is not a document of title of goods. It is merely a receipt
of goods. However, it is an important document as without it, the
exporter will not be able to obtain the title document of goods, i.e., the
bill of lading.
SN Panigrahi
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The mate´s receipt can later be exchanged for the bill of
lading. Mate´s receipts are used only for charter shipments.
Significance of Mate's Receipt:
(a) It is an acknowledgement of goods received for export on board
the ship.
(b) It is a transferable document. It must be handed over to the
shipping company in order to get the bill of lading.
(c) Bill of lading, which is the title of goods, is prepared on the basis
of the mate’s receipt.
(d) it enables the exporter to clear port trust dues to the Port Trust
Authorities.
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Contents of Mate's Receipt:
(a) Name and logo of the shipping line.
(b) Name and address of the shipper.
(c) Name and the number of vessel.
(d) Name of the port of loading.
(e) Name of the port of discharge and place of delivery.
(f) Marks and container number.
(g) Packing and container description.
(h) Total number of containers and packages.
(I) Description of goods in terms of quantity.
(i) Container status and seal number.
(k) Gross weight in kg. and volume in terms of cubic metres.
(I) Shipping bill number and date.
(m) Signature and initials of the Chief Officer.
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Dock Receipts
The purpose of this receipt is to provide the exporter with proof that the
delivery of goods to the international carrier was successful and in good
condition.
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Airway Bill:
Airway Bill is a bill of lading when the goods are shipped using air transport.
It is also known as air consignment note or airway bill of lading.
Airway bill is not a document of title by nature. However airway bill can be
prepared such a way to treat as a documentary title. Airway bill is an evidence
of meeting the contract terms of shipment. Also it is the receipt given by air
carrier on receiving the goods.
So, once after preparation of AWB to treat as document of title, such airway
bill is treated as document of title and can be used to transfer goods to
another party, not mentioned in Airway bill. Such transfer of consignee can be
done by endorsing airway bill to such consignee. If an airway bill is made as
document of title, such airway bill can be used under DP terms of payment
also.
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Intermodal – is the movement of cargo from origin to
destination by several modes of transport where each of
these modes have a different transport provider or entity
responsible, each with its own independent contract..
Multiple carriers contracted to fulfill a single
journey..
Multimodal – is the movement of cargo from origin to
destination by several modes of transport where each of
these modes have a different transport provider or entity
responsible, but under a single contract..
A Single carrier contracted to fulfill a single journey..
SN Panigrahi
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Combined Transport Document:
A shipping contract for transportation of goods via two or more means of transport
Combined Transport is a form of Multi-Model Transport, which is the movement of goods in
one and the same loading unit or road vehicle, using successively two or more modes of
transport without handling the goods themselves in changing modes.
Combined Transport Document (CTD) was being issued. However, although the format of the
document broadly conformed to a specimen prescribed by the International Chamber of
Commerce (ICC), the CTD has not been adopted by all operators uniformly. Thus, there was an
absence of uniformity of liability and other condition. In India the Foreign Exchange Dealers
Association of India (FEDAI) has evolved its own rules laying down the responsibilities and
liabilities of Combined Transport Operators from the inland container depots. However, these
rules could not obtain wide acceptance mainly because the Combined Transport Document
evolved by FEDAI did not confer negotiability and title to the goods and also because such
documents were required to be exchanged for a regular on - board ocean bill of lading at the
port unless the letter of credit specifically permitted the production of a combined transport
Document in place of a regular Bill of Lading.
SN Panigrahi
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The document has been prepared for carrying out the provisions of the Act
keeping in view the primary objective of the legislation that the carriers are
thereto serve trade and not the other way around.
The Multimodal Transport Document issued under the present law would be:
i) a contract for the Transportation of Goods by Multimodal Transport.
ii) a negotiable document unless it is marked non negotiable at the
option of the consignor.
iii) a document of title on the basis of which its holder can take delivery
of the goods covered by it.
SN Panigrahi
72. 72
An Export License is a government document that authorizes the export of specific
goods in specific quantities to a particular destination. This document may be
required for most or all exports to some countries or for other countries only under
special circumstances.
SN Panigrahi
73. SN Panigrahi 73
All shipments of fresh fruits and vegetables, seeds, nuts, flour, rice,
grains, lumber, plants, and plant materials require a federal
phytosanitary certificate. The certificate must verify that the product is
free from specified epidemics and/or agricultural diseases.
74. 74
This document serves as a proof of the country of origin of goods for the
importer in his country.
Imported countries usually require this to be produced at the time customs
clearance of import cargo.
It also plays an important part in computing the liability and the rate of
import duty in the country of import.
This certificate declares the details of goods to be shipped and the country
where these goods are grown, manufactured or produced.
Such goods needs to have substantial value addition so as to become eligible
to certification of this nature.
SN Panigrahi
75. 75
Bill of Exchange:
Also known as Draft, this is an instruments for payment realization.
It is a written unconditional order for payment from a drawer to a drawee,
directing the drawee to pay a specified amount of money in a given currency
to the drawer or a named payee at a fixed or determinable future date.
The exporter is the drawer and he draws (prepares and signs) this
unconditional order in writing upon the importer (drawee) asking him to pay a
certain sum of money either to himself or his nominee (endorsee).
SN Panigrahi
76. 76
According to the Negotiable Instruments Act 1881, a bill of exchange is defined as an instrument in
writing containing an unconditional order, signed by the maker, directing a certain person to pay a
certain sum of money only to, or to the order of a certain person or to the bearer of the instrument.
The following features of a bill of exchange emerge out of this definition.
• A bill of exchange must be in writing.
• It is an order to make payment.
• The order to make payment is unconditional.
• The maker of the bill of exchange must sign it.
• The payment to be made must be certain.
• The date on which payment is made must also be certain.
• The bill of exchange must be payable to a certain person.
• The amount mentioned in the bill of exchange is payable either on demand or on
the expiry of a fixed period of time.
• It must be stamped as per the requirement of law.
A bill of exchange is generally drawn by the creditor upon his debtor. It has to be accepted by the
drawee (debtor) or someone on his behalf. It is just a draft till its acceptance is made.
SN Panigrahi
77. 77
Bill of Exchange- 1st
Draft No.:
Dated:
For Amount of: USD 50,000.00
On Demand / At …… days sight (Specific date as per LC term) of this first Bill of
Exchange (Seconded date and tenor remain same being unpaid).
Pay to the order of ………. Bank / Name of Importer (As per the LC status) the sum of
US Dollar 50,00.00.
Drawn under: Invoice No. ______________________________________
LC No.:______________________________
LC Issued By__________________________
To.
Name of Importer
Address of Importer
Exporter Name
Signature
78. 78
Ingredients Certificate
A certificate of ingredients may be requested for food products with labels that are
inadequate or incomplete.
The certificate may be issued by the manufacturer and must give a description of the
product, contents, and percentage of each ingredient; chemical data;
microbiological standards; storage instructions; shelf life; and date of
manufacture etc.
If animal fats are used, the certificate must state the type of fat used and that the
product contains no pork, artificial pork flavor, or pork fat.
All foodstuffs are subject to analysis by Ministry of Health laboratories to establish their
fitness for use.
Certificate of Analysis:
A certificate of analysis may be required for seeds, grain, health foods, dietary supplements, fruits and
vegetables, and pharmaceutical products.
SN Panigrahi
79. SN Panigrahi 79
Halal Certificate
Required by most countries in the Middle East, this certificate states that the fresh or
frozen meat or poultry products were slaughtered in accordance with Islamic law.
Certification by an appropriate chamber and legalization by the consulate of the
destination country is usually required.
80. 80
Radiation Certificate
Some counties may require Radiation Certificates for Certain Instruments / Machines like X- Ray Machines;
Density Measuring Meters using Gama Rays. The certificate states that the products are not contaminated by
radioactivity or Radiation is within the limits.
Other (Product-Specific) Certificates
Shaving brushes and articles made of raw hair must be accompanied by a recognized official certificate showing
the consignment to be free from anthrax germs.
Used clothing requires a disinfection certificate.
Grain requires a fumigation certificate, and grain and seeds require a certificate of weight.
Many countries in the Middle East require special certificates for imports of animal fodder additives, livestock,
pets, and horses.
SN Panigrahi
81. 81
Exports submitted for handling by air carriers and air freight forwarders classified
as dangerous goods need to be accompanied by the Shipper’s Declaration for
Dangerous Goods required by the International Air Transport Association (IATA).
The exporter is responsible for accuracy of the form and ensuring that
requirements related to packaging, marking, and other required information by
IATA have been met.
For shipment of dangerous goods it is critical to identify goods by proper name,
comply with packaging and labeling requirements, which vary depending upon the
type of product shipper and the country shipped to.
For ocean exports, hazardous material regulations are contained in the
International Maritime Dangerous Goods regulations.
SN Panigrahi
82. 82
The governments of a number of countries have contracted with international
inspection companies to verify the quantity, quality, and price of shipments
imported into their countries.
The purpose of such inspections is to ensure that the price charged by the exporter
reflects the true value of the goods, to prevent substandard goods from entering
the country, and to deflect attempts to avoid payment of customs duties.
Requirements for pre-shipment inspection are normally spelled out in letter-of-
credit or other documentary requirements. Inspections companies include Bureau
Veritas, SGS and Intertek.
Some countries require pre-shipment inspection certificates for shipments of used
merchandise.
SN Panigrahi
83. 83
Fumigation Certificate
The Fumigation Certificate provides evidence of the fumigation of exported goods
(especially agricultural products, used clothing, etc.).
This form assists in the quarantine clearance of any goods of plant or animal origin.
The seller is typically required to fumigate the commodity at his or her expense a
maximum of 15 days prior to loading.
SN Panigrahi
84. 84
Importing Countries Regulations
Importing Countries Regulations: Agricultural Commodities
http://apeda.gov.in/apedawebsite/menupages/Importing_Countries_Regulations.htm
SN Panigrahi
86. Customs Clearance Procedure
Import
Calling of
Vessels
Filing Import
General
Manifest (IGM)
Custody of
Custodian
Filing Bill of
Entry
Home Consumption
B/E
On Payment of
Customs Duty
Into Bond B/E
Without Payment
of Customs Duty
Delivery of
Goods
Two
Options
Customs
Bonded
Warehouse
Section 30 of the
Customs Act 1962.
IGM to be Filled
within 24 hours
after arrival of the
Ship
Three kinds of Bills of
Entry :
1.Home Consumption
B/E (Section 46 of the
Custom Act 1962)
2.Into bond B/E (Section
46 and 60 of Custom Act
1962)
3.Ex-bond B/E
4.(Section 68 of Customs
Act 1962).
Ex- Bond
B/E
Delivery of
Goods
SN Panigrahi
87. Cargo Discharged at
Sea Port
Haulage / Drayage to Inland Container Depot (ICD) from port of discharge
Container moves to CY / CFS
for Clearance, or to Rail Head
for Haulage by Rail to ICD
Ocean Carrier agent files
Transshipment Bond with
Customs if final destination is
Inland Container Depot
Carrier Agent gives Movement
order for Inland Haulage to
specific destination ICD
Inland Haulage is normally
by Rail.
It can also be by Road.
SNPanigrahi
88. Import Clearance Procedure
Upon Cargo Arrival, the Importer has two options:
To Clear Immediately
for
Home Consumption
To Store under Bond
&
Clear Later
Cargo is put in Customs
Bonded Warehouse and
cleared later upon payment of
applicable duties.
Bonded Warehouse storage
charges will be applicable
during the period of storage.
Cargo is cleared for delivery
upon payment of applicable
duties.
Importer takes away his cargo
and no storage charge is
applicable, if done so during
the free period.
SN Panigrahi
89. Import Clearance Procedure
Import Clearance can be under any one of the various promotional schemes in
which an Industry is categorized, example; EOU, SEZ etc.
Filing ‘Bill of Entry’ (BE) via EDI
(Electronic Data Interface) or
Manually with all documents
Processing of ‘Bill of Entry’
by Customs officials
Appraisal & Assessment
Payment of Duties as assessed
as per tariff
Cargo Examination in line with
appraised documents
Customs ‘Out of Charge’
Cargo Customs Cleared
& ready for delivery
Examination:
Partial as percentage at random.
Full 100% cargo examination.
Mode of payment:
Online under registration
Customs Nominated
banks.
Demand Draft.
Advance Examination:
Upon receipt of Exam
report, cargo classification
is determined and duty
Calculation is made.
Major Documents:
Invoice & Packing List
Bill of Lading/AWB, Delivery Order,
Cert. of Origin, Cargo catalogue,
Import license if any
Assessment: Calculation of duties as
per cargo classification. Advance cargo
exam if necessary to determine
classification and calculate duties.
Appraisal:
Import Permissibility
as per FTP, Correctness of docs
and declarations, Correctness of
value. Fraud Prevention
EDI Filing: Electronic input Generation of
Checklist Generation of BE no.
Noting vis-à-vis IGM; Submit documents
under checklist and BE no.
Cargo Move to Importers
Place
SN Panigrahi
92. Sec 7(2) of IGST Act, 2017 : Supply of goods imported into the territory of
India, till they cross the customs frontiers of India, shall be treated to be a
supply of goods in the course of inter-State trade or commerce.
Sec 7(4) of IGST Act, 2017: Supply of services imported into the territory
of India shall be treated to be a supply of services in the course of inter-
State trade or commerce
Sec 7(5) of IGST Act, 2017: Supply of goods or services or both,––
(a) when the supplier is located in India and the place of supply is
outside India;
(b) to or by a Special Economic Zone developer or a Special Economic
Zone unit; or
(c) in the taxable territory, not being an intra-State supply and not covered
elsewhere in this section,
shall be treated to be a supply of goods or services or both in the course of
inter-State trade or commerce.
Exports & Imports :
Deemed to be in the course of inter State trade or commerce
SN Panigrahi
93. Sec 2(5) of IGST Act : “export of goods” with its grammatical variations and
cognate expressions, means taking goods out of India to a place outside India;
Sec 2(6) of IGST Act : “export of services” means the supply of any service
when,––
(i) the supplier of service is located in India;
(ii) the recipient of service is located outside India;
(iii) the place of supply of service is outside India;
(iv) the payment for such service has been received by the supplier of
service in convertible foreign exchange; and
(v) the supplier of service and the recipient of service are not merely
establishments of a distinct person in accordance with Explanation 1 in
section 8;
SN Panigrahi
95. 95
Sec 16. (3) of IGST Act : A registered person making zero rated supply shall be eligible to claim refund under either of the following
options, namely:––
a)he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions, safeguards and
procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or
b)he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on
payment of integrated tax and claim refund of such tax paid on goods or services or both supplied,
in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder.
Option - 1
Option - 2
Sec 16. (3)(a)
Sec 16. (3)(b)
SNPanigrahi
97. (a) No export or import shall be made by any person without
obtaining an IEC number unless specifically exempted. For
services exports, IEC shall be necessary as per the
provisions in Chapter 3 only when the service provider
is taking benefits under the Foreign Trade Policy.
(b) Exempt categories and corresponding permanent IEC
numbers are given in Para 2.07 of Handbook of
Procedures.
(c) Application process for IEC is completely online and
IEC can be generated by the applicant as per the
procedure detailed in the Handbook of Procedure.
IEC will be equal to PAN
SN Panigrahi
98. Sec 2(23) of IGST Act: “zero-rated supply” shall have the meaning
assigned to it in section 16;
Sec 16. (1) of IGST Act : “zero rated supply” means any of the
following supplies of goods or services or both, namely:––
(a) export of goods or services or both; or
(b) supply of goods or services or both to a Special Economic
Zone developer or a Special Economic Zone unit.
SN Panigrahi
99. Sec 16. (2) of IGST Act : Subject to the provisions of sub-section (5) of
section 17 of the Central Goods and Services Tax Act, credit of input
tax may be availed for making zero-rated supplies, notwithstanding
that such supply may be an exempt supply.
Export
Zero Rated
Supply
ITC
Allowed
Exempt
Supply
SN Panigrahi
100. Exempt
Supply
Wholly Exempt
From Tax
Nil Rate of
Supply
Non-Taxable
Supply
Sec 2(47) of CGST Act: “exempt supply” means supply of any goods or
services or both which attracts nil rate of tax or which may be wholly
exempt from tax under section 11, or under section 6 of the Integrated
Goods and Services Tax Act, and includes non-taxable supply;
No ITC
For Domestic Supply
ITC
Allowed for
Exports
SN Panigrahi
101. Exempted Supply
Zero Rated
Nil Rated Exempted Non-GST
It is the supply of goods
and services that
have 0% GST.
Exempt supplies refer to
supplies declared as
exempt from tax by issue of
a notification.
It is the supply of goods
and services that does
not come under the
purview of GST (GST is
not leviable) while other
taxes maybe applicable.
Zero Rated Supplies include:
- supplies of Export to any
country Outside India; and
- supplies made to Special
Economic Zones (SEZ) or SEZ
Developers.
Example: Grains, salt,
jiggery, handloom,
cereals, Accommodation
in hotel with tariff below
Rs. 1,000 per day etc.
Example: Transport services
provided by a GTA, where
the gross amount charged
is less than Rs. 1,500 for a
consignment in a single
carriage or Rs 750 for a
single consigneeBread,
fresh fruits, fresh milk and
curd etc.
Example: Petrol, Deisel,
Natural Gas, Alcohol etc.
Example: Exports & Supplies to
SEZ
ITC not Allowed ITC Allowed
SN Panigrahi
102.
103. Sec 16. (3) of IGST Act : A registered person making zero rated supply shall be eligible to claim refund under
either of the following options, namely:––
a)he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions,
safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of
unutilised input tax credit; or
b)he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be
prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both
supplied,
in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made
thereunder.
Option - 1
Option - 2
Sec 16. (3)(a)
Sec 16. (3)(b)
SN Panigrahi
104. All registered persons who intend to supply goods or services for export without
payment of integrated tax shall be eligible to furnish a Letter of Undertaking in place
of a bond except those who have been prosecuted for any offence under the Central
Goods and Services Tax Act, 2017 (12 of 2017) or the Integrated Goods and Services
Tax Act, 2017 (13 of 2017) or any of the existing laws in force in a case where the
amount of tax evaded exceeds two hundred and fifty lakh rupees;
Notification No. 37 /2017 – Central Tax, 4th
October, 2017
All
Registered
Persons
Eligible to Furnish LUT
Exports
Supplies to SEZ Dev.
/ SEZ
Intended
for
Who is Not Prosecuted
where the Amount
of Tax Evaded
> Rs 250 L
Supplies to EOU not Treated as Zero Rated Supply. Therefore not Eligible for LUT
LUT Valid for the Whole Financial Year in which it is tendered.
Zero Rated Supply
SN Panigrahi
105. In partial modification of Circular No. 8/8/2017-GST dated 4th October, 2017,
sub-paras (c), (d) and (e) of para 2 of the said Circular are hereby replaced by
the following:
“c) Form for LUT: The registered person (exporters) shall fill and submit FORM
GST RFD-11 on the common portal. An LUT shall be deemed to be accepted
as soon as an acknowledgement for the same, bearing the Application
Reference Number (ARN), is generated online.
d) Documents for LUT: No document needs to be physically submitted to the
jurisdictional office for acceptance of LUT.
e) Acceptance of LUT/bond: An LUT shall be deemed to have been accepted
as soon as an acknowledgement for the same, bearing the Application
Reference Number (ARN), is generated online. If it is discovered that an
exporter whose LUT has been so accepted, was ineligible to furnish an LUT in
place of bond as per Notification No. 37/2017-Central Tax, then the exporter’s
LUT will be liable for rejection. In case of rejection, the LUT shall be deemed to
have been rejected ab initio.
LUT Online : Application Reference Number (ARN)
& Acceptance of LUT
Circular No. 40/14/2018-GST, April 6, 2018
SN Panigrahi
106. • Running bond to be furnished manually to the jurisdictional Deputy / Assistant Commissioner
on self-assessment basis in GST RFD-11 to cover the tax involved in the export. Exporter to
ensure that the bond amount is sufficient to cover the liability, in the case of shortage, fresh
bond to be furnished.
• The bond amount shall be equal to the tax amount on the previous year turnover or the
expected export turnover.
o e.g. if total expected turnover is Rs.1 crore and the tax rate on my item is 18%, then the
bond amount shall be Rs.18 lakh
• To be furnished on non-judicial stamp paper of the value as applicable in the State for which
bond is being furnished.
• A Bank Guarantee is also required to be furnished alongwith the Bond. Bank guarantee
amount shall be calculated at 15% of the bond amount.
Taking the above example, of turnover of Rs. 1 Cr. the bank guarantee amount shall be 15%
of 18 Lakh i.e. Rs. Rs. 2.70 Lakh in such case
• Jurisdictional Commissioner may decide on the value of bank guarantee. If satisfied with a
track record, bank guarantee may be dispensed with.
Notification No. 37 /2017 – Central Tax, 4 th October, 2017 &
Circular No. 8/8/2017-GST, 4 th October, 2017
SN Panigrahi
110. Objective : The objective of MEIS is to offset infrastructural
inefficiencies and associated costs involved in export of
goods/products, which are produced/ manufactured in India,
especially those having high export intensity, employment potential
and thereby enhancing India’s export competitiveness.
Similarly, the objective of SEIS is to encourage export of notified
Services from India.
To provide rewards to exporters to offset infrastructural inefficiencies and
associated costs
SN Panigrahi
111. EXPORTS FROM
INDIA SCHEMES
Merchandise Exports
from India Scheme
(MEIS)
Service Exports
from India Scheme
(SEIS)
Duty Scrips are issued for
Value ranging from 2-7% of
FOB Value of Exports as per
Para 3.02 of FTP.
The Duty Credit Scrips &
Goods imported under the
Scrips are Freely
Transferable.
For Notified Goods
/ Products X
Markets
APPENDIX -3B of HB
For Notified
Services X
Markets
APPENDIX- 3D of HB
SN Panigrahi
112. MEIS
The MEIS Entitlement would be 2% / 3% / 5% / 7% of FOB
value of notified goods exported to notified markets [based on
three distinct categories framed and covered in Appendix 3B]
in free foreign exchange or FOB value of exports as given in
the Shipping Bills in free foreign exchange, whichever is less.
Country Groups
Category A: Traditional Markets (30) - European Union (28),
USA, Canada.
Category B - Emerging & Focus Markets (139), Africa (55),
Latin America and Mexico (45), CIS countries (12),Turkey and
West Asian countries (13), ASEAN countries (10), Japan,
South Korea, China, Taiwan and
Category C: Other Markets (70).
SN Panigrahi
113. SEIS
Under SEIS, Service providers of notified services (under
Appendix 3D) will be eligible for rewards in the form of duty
credit scrips @ 5% and 7% on the net foreign exchange
earned from notified services (w.e.f. 05.12.2017)..
Only services provided in the manner/mode specified at
Para 9.51 (i) & (ii) are eligible, i.e. Supply of a ’service’ from
India to any other country (Mode 1-Cross border trade) and
Supply of a ’service’ from India to service consumers of any
other country (Mode 2- Consumption abroad).
Minimum net free foreign exchange earnings of USD 15,000
in the preceding year is the eligibility criteria. For Individual
Service Providers and Sole Proprietorship minimum
USD 10,000/-.
SN Panigrahi
114. Non-GST Items:
The Duty Credit Scrips can be used for
a) BCD
b) CVD & SAD
c) Payment of Central excise
duties on domestic
procurement of inputs or
goods
GST Items:
Duty Credit Scrips can’t be used for
payment of IGST and GST
compensation cess in case of
imports, and
Also can’t be used for CGST, SGST,
IGST and GST compensation cess for
domestic procurement.
Trade Notice No. 11 dated
30/06/2017
EXPORTS FROM
INDIA SCHEMES:
MEIS & SEIS
May be Utilized
SN Panigrahi
115. “122A HSN
Code
4907
Duty Credit Scrips
Notification No. 2/2017- Central Tax (Rate), dated the 28th June, 2017
As Amended vide Notification No. 35/2017-Central Tax (Rate)
13th October, 2017
Exempts GST on Duty Credit Scrips
Duty credit scrips –Validity period increased – Validity period of duty
credit scrips issued under Chapter 3 of the Foreign Trade Policy has
been increased from 18 months to 24 months for Duty Credit Scrip
issued on or after 01.01.2016. Public Notice No. 33/2015-20, dated 23-
10-2017 has been issued in this regard.
{under S.No. 122A of Notification No. 2/2017-Central Tax (Rate) dated
28.06.2017, as amended vide Notification No. 35/2017-Central Tax
(Rate) dated 13.10.2017}
GST is Exempted on Sale / Transfer of Duty Credit Scrips
SN Panigrahi
116. Objective:
Schemes under this Chapter enable duty free import of
inputs for export production, including replenishment of
inputs or duty remission.
SN Panigrahi
117. SCHEMES
Under Chapter 4
Of FTP
Duty Exemption
Schemes
Duty Remission
Scheme
• Advance Authorisation
(AA) (which will include
Advance Authorisation for
Annual Requirement).
• Duty Free Import
Authorisation (DFIA)
Duty Drawback (DBK)
Scheme, administered by
Department of Revenue.
Para 4.01 of FTP
Governed by DGFT
Governed by Revenue Dept.
SN Panigrahi
118. Duty
Exemption
Schemes
Advance
Authorisation
Duty Free Import
Authorisation
Scheme (DFIA)
Advance Authorisation is issued to allow duty
free import of input, which is physically
incorporated in export product (making normal
allowance for wastage).
In addition, fuel, oil, catalyst which is
consumed / utilized in the process of production
of export product, may also be allowed.
Advance Authorisation is issued based on SION
Duty Free Import Authorisation is issued
to allow duty free import of inputs. In
addition, import of oil and catalyst which
is consumed / utilised in the process of
production of export product, may also be
allowed.
DFIA is Transferable after Export
Obligation is Fulfilled
Para 4.25 of FTP
Para 4.03 of FTP
SN Panigrahi
119. Advance
Authorisation
Issued to
(As per
Para 4.05
(a)& (b) of
FTP)
Issued for
(As per
Para 4.05 (C)
of
FTP)
Eligible Applicant / Export / Supply
Manufacturer
Merchant Exporter tied to
Supporting Manufacturer
or
Physical Export
(including export to SEZ)
Intermediate supply
Supply of goods –
Deemed Exports
Supply of ‘stores’ on
board of foreign going
vessel / aircraftSN Panigrahi
120. Value Addition
(Para 4.08 of FTP)
A-B
VA = ----------- x100, where
B
A =FOB value of export realized/FOR value of supply
received.
B =CIF value of inputs covered by Authorisation, plus
value of any other
input used on which benefit of DBK is claimed or
intended to be claimed.
Minimum Value Addition (Para 4.09 of FTP)
(i) Minimum value addition required to be achieved under Advance Authorisation is 15%.
(ii) Export Products where value addition could be less than 15% are given in Appendix 4D.
(iv) Minimum value addition for Gems & Jewellery Sector is given in
paragraph 4.61 of Handbook of Procedures.
(v) In case of Tea, minimum value addition shall be 50%.
SN Panigrahi
121. Export Obligation (EO) Period and its Extension
Para 4.22 of FTP & Para 4.42 (a) & (e’) of HB
Period for fulfillment of export obligation under Advance
Authorisation shall be 18 months from the date of issue of
Authorisation.
Regional Authority may consider a request of Advance
Authorisation holder for one extension of EO period upto six
months from the date of expiry of EO period subject to payment
of composition fee of 0.5% of the shortfall in EO.
SN Panigrahi
122. Actual User Condition for Advance Authorisation
Para 4.16 (i) of FTP
Advance Authorisation and / or material imported under Advance
Authorisation shall be subject to ‘Actual User’ condition.
The same shall not be transferable even after completion of
export obligation.
However, Authorisation holder will have option to dispose of
product manufactured out of duty free input once export
obligation is completed.
Validity Period for Import and its Extension
Para 4.17 of FTA & Para 4.41 of HB
(a) Validity period for import of Advance Authorisation shall be 12 months
from the date of issue of Authorisation.
(c) Regional Authority may consider a request of original Authorisation holder
and grant one revalidation for six months from expiry date
SN Panigrahi
123. DGFT Notification No. 54/2015-20; Dated 22nd March 2018
Notification no 35/2018 Customs date on 28th March, 2018
1. Exemption from Integrated Tax and Compensation Cess under
Advance Authorization Scheme under Para 4.14 of FTP 2015-20 is
extended upto 01.10.2018.
2. Exemption from Integrated Tax and Compensation Cess under
EPCG Scheme under Para 5.01 (a) of FTP 2015-20 is extended
upto 01.10.2018.
SN Panigrahi
124. Details of Import Duties exempted
(As per Para 4.14 of FTP)
Import of
GST
Applicable
Items
Import of
Non-GST
Items
Import Under
Advance
Authorisation
Exempted from Payment of
Exempted from Payment of
Basic Customs Duty,
Additional Customs Duty,
Education Cess + SH Ed. Cess,
Anti-dumping Duty,
Countervailing Duty,
Safeguard Duty,
Transition Product Specific
Safeguard Duty, wherever applicable.
Basic Customs Duty,
IGST
Anti-dumping Duty,
Safeguard Duty,
Transition Product Specific
Safeguard Duty, wherever applicable.
Imports against Advance
Authorisations for physical exports
are exempted from Integrated Tax
and Compensation Cess upto 01-10-
2018 only.
Notification No 35/2018 Customs
date on 28th March, 2018
SN Panigrahi
125. AA Holder Apply to RA
For Advance Release
Order (ARO),
or Invalidation Letter
Domestic Sourcing
Under
Advance
Authorisation
Domestic Sourcing of Inputs
Para 4.20 of FTP
Invalidation Letter
For Supplier to get
Advance Authorisation
Advance Release
Order (ARO)
Only for inputs listed in
Schedule 4 of Central Excise
Act, 1944 - Supplier to seek refund
of duties exempted
through Deemed
Exports mechanism from DGFT
(i) Holder of an Advance Authorisation / Duty Free Import Authorisation can procure inputs from
indigenous supplier/ State Trading Enterprise/EOU/EHTP/BTP/STP in lieu of direct import.
Such procurement can be against Advance Release Order (ARO), or Invalidation Letter.
SN Panigrahi
126. Indigenous
Sourcing of Inputs
Domestic Supplier of
Inputs
Advance Authorization
Holder
Supply on
Payment of GST
Treated as Deemed Exports
Notification No. 48/2017-Central Tax
Dated 18th
Oct’ 2017
Refund of Deemed Exports supply
can be claimed by either
Recipient or Supplier
Notification No. 47/2017–Central Tax
Dated 18th
Oct’ 2017
Para 4.20 of FTP
SN Panigrahi
127. Title Notification No. Date
Evidences required to be
produced by supplier of
deemed export for claiming
refund
Notification No. 49/2017-
Central Tax
18/10/2017
CBEC notifies certain
supplies as deemed exports
under CGST Act, 2017
Notification No. 48/2017-
Central Tax
18/10/2017
GST Refund of deemed
exports supply can be
claimed by either recipient
or supplier
Notification No. 47/2017–
Central Tax
18/10/2017
SN Panigrahi
128. Duty Free Import
Authorisation
Scheme (DFIA)
Para 4.25 of FTP
DFIA - Duties Exempted
Exempted on Import from Payment of
Duty Free Import Authorisation shall be exempted
only from payment of Basic Customs Duty (BCD)
+ Ed. Cess + SH Ed. Cess.
IGST & Compensation Cess Payable - Not
Exempted
Para 4.26 of FTP
Minimum Value Addition - Para 4.28 of FTP
Minimum value addition of 20% shall be required to be achieved.
Validity &Transferability of DFIA - Para 4.29 of FTP
(i) Applicant shall file online application to Regional Authority
concerned before starting export under DFIA.
(ii) Export shall be completed within 12 months from the date of online
filing of application and generation of file number.
Domestic Supply to DFIA shall not be Treated as Deemed
Exports
Notification No. 48/2017-Central Tax, 18th October, 2017
SN Panigrahi
129. Objective:
The objective of the EPCG Scheme is to facilitate
import of capital goods for producing quality goods and
services and enhance India’s manufacturing
competitiveness.
SN Panigrahi
130. Import of
Capital
Goods
Procure
Capital Goods
from
Indigenous
Sources
EPCG Scheme
To Supplier
Exemption
Alternatively, the EPCG Authorisation
holder may also procure Capital Goods
from indigenous sources
Benefits to Domestic Supplier :
Treated as Deemed Exports
Supplier of Deemed Export supplies may
claim Refund under Rule 89(2)(g) of the
CGST Rules, 2017
EPCG Scheme allows import of capital
goods (except those specified in negative
list in Appendix 5 F) for pre-production,
production and post-production at zero
customs duty.
Capital goods imported under EPCG
Authorisation for physical exports are also
exempt from IGST and Compensation
Cess upto 01.10.2018 only,.
Notification No 35/2018 Customs
date on 28th March, 2018
Para 5.01 of FTP
EPCG Scheme
Para 5.01(a) of FTP
Para 5.01(a) of FTP
SN Panigrahi
131. Export Obligation
6 times of Duties, Taxes and Cess saved
To be fulfilled in 6 years reckoned from
date of issue of Authorisation.
Validity for Import
18 months from the date of issue of
Authorisation.
No Revalidation permitted.
EPCG Scheme
Para 5.01 of FTP
Para 5.01(c) of FTP
Para 5.01(d) of FTP
In case IGST and Compensation Cess
are paid & Input Tax Credit is not availed
then incidence of the said Taxes would
not be taken for computation of net duty
Saved.
Para 5.01(e) of FTP
Para 5.04 of FTP
EO under the scheme shall be, over and above, the average level of exports achieved by the
applicant in the preceding three licensing years for the same and similar products
Actual User Condition
Imported CG shall be subject to Actual
User condition till export obligation is
completed and EODC is granted.
Para 5.03 of FTP
SN Panigrahi
132. Indigenous
Sourcing of CG
Domestic Supplier of
CG
EPCG Authorization
Holder
Supply on
Payment of GST
Treated as Deemed Exports
Notification No. 48/2017-Central Tax
Dated 18th
Oct’ 2017
Refund of Deemed Exports supply
can be claimed by either
Recipient or Supplier
Notification No. 47/2017–Central Tax
Dated 18th
Oct’ 2017
Para 5.07 of FTP
Note: ARO facility shall not be available for sourcing of Capital Goods
manufactured indigenously SN Panigrahi
133. Title Notification No. Date
Evidences required to be
produced by supplier of
deemed export for claiming
refund
Notification No. 49/2017-
Central Tax
18/10/2017
CBEC notifies certain
supplies as deemed exports
under CGST Act, 2017
Notification No. 48/2017-
Central Tax
18/10/2017
GST Refund of deemed
exports supply can be
claimed by either recipient
or supplier
Notification No. 47/2017–
Central Tax
18/10/2017
SN Panigrahi
134. Units undertaking to export their entire production of
goods and services(except permissible sales in DTA),
may be set up under the Export Oriented Unit (EOU)
Scheme, Electronics Hardware Technology Park (EHTP)
Scheme, Software Technology Park(STP) Scheme or
Bio-Technology Park (BTP) Scheme for manufacture of
Goods.
Trading units are not covered under these schemes.
Objectives of these schemes :
To promote exports, enhance foreign exchange arnings,
attract investment for export production and employment
generation. SN Panigrahi
135. Export
Export their Entire Production of
goods and services
(except permissible sales in DTA)
May export all kinds of goods and services
except items that are prohibited in ITC (HS).
Import
Allowed all types of goods, including capital
goods, provided they are not prohibited items
The imports and / or procurement from bonded
Warehouse: Without Payment of BCD, CVD,
SAD. IGST / Compensation Cess
Exempted only upto 1-10-2018
EOU / EHTP /
STP / BTP unit
Para 6.00 of FTP
Para 6.00 (a) of FTP
Para 6.01(a) of FTP
Para 6.01(d) (i) & (ii)
of FTP
Notification No.
78/2017 – Customs,
13th October, 2017
Procurement from DTA
Goods covered under GST : On Payment
of Applicable GST and Compensation Cess
(No Exemption)
Non-GST Goods : Excise Duty Exempted
Para 6.01(d) (iii)
of FTP
SN Panigrahi
136. BCD – Exempted
First-Schedule to Customs Act,1962
IGST – Exempted
Sect 3(7) of Customs Tariff Act, 1975
Comp. Cess – Exempted
Sect 3(9) of Customs Tariff Act, 1975
Notification No. 78 /2017-Customs, 13 October, 2017
DGFT’s Notification no.33/2015-2020, 13th October, 2017
EOU / EHTP /
STP / BTP unit
BCD – Exempted
First-Schedule to Customs Act,1962
CVD – Exempted
Sect 3(1 & 3) of Customs Tariff Act, 1975
SAD – Exempted
Sect 3(5) of Customs Tariff Act, 1975
Goods Covered
under GST
Non - GST Goods
(Crude Petroleum,
Petrol, Diesel,
Natural Gas, ATF
& Alcohol)
Imports and / or Procurement from Bonded Warehouse
IGST / Compensation Cess
Exempted only upto 01-10-
2018
SN Panigrahi
137. Procurement of supplies of goods from DTA by Export Oriented
Unit (EOU) / Electronic Hardware Technology Park (EHTP) Unit /
Software Technology Park (STP) Unit / Bio-Technology Parks
(BTP) Unit under deemed export benefits under section 147 of
CGST Act, 2017
Circular No. 14/14 /2017 – GST, 6th
November, 2017
Registered DTA
Supplier(s)
EOU / EHTP / STP /
BTP
Notification No. 48/2017-Central Tax, dated 18.10.2017
DGFT’s Notification no.33/2015-2020, 13th October, 2017
Treated as Deemed
Exports
Supplies
SN Panigrahi
138. Jurisdictional GST Officer in
charge of Supplier
Registered
DTA
Supplier(s)
EOU / EHTP /
STP / BTP
Jurisdictional GST Officer of EOU /
EHTP / STP / BTP
Prior Intimation in a Prescribed Proforma in "Form–A"
Supply goods under Tax Invoice
GST Payable
Copy of Endorsed Tax Invoice
Copy of Endorsed Tax Invoice
Prior Intimation in a Prescribed Proforma in "Form–A"
PriorIntimation
in"Form–A"
CopyofEndorsed
TaxInvoice
Maintain
Records in
"Form-B"
DigitalcopyofForm–B
ForTransactionsforthe
Month(bythe10thof
month)inaCDorPendrive
Supply of Goods by DTA Supplier to EOU / EHTP / STP / BTP
Procedure
Circular No. 14/14 /2017 – GST, 6th
November, 2017
SN Panigrahi
139. Registered DTA
Supplier(s)
EOU / EHTP / STP /
BTP
Supply
Goods under
Tax Invoice
GST Payable
Notification No. 47/2017- Central Tax dated 18.10.2017
Either the Recipient or Supplier can claim Refund of Tax Paid
Intra-State
CGST + SCGST
Refund
Claim
Inter-State
IGST
Refund
Claim
Deemed Export Refund Claim as per Rule 89 - 92
In cases where the Recipient
does not avail of input tax
credit on such supplies and
furnishes an undertaking to the
effect that the supplier may
claim the refund
Eligible to Claim Refund of Tax
Take
ITC
Utilize towards
GST Liability on
DTA Sale
(or)
SN Panigrahi
140. DTA Supplies to EOU / EHTP / STP / BTP unit
Transactions with EOUs: Zero Rating is not
applicable to supplies to EOUs.
Therefore, supplies to EOUs are Taxable like
any other Taxable Supplies
Para (j) of Circular No. 8/8/2017-GST,
Dated 4th October, 2017
Supplies from DTA to EOUs are Treated as
Deemed Exports
Notification No. 48/2017-Central Tax
Dated 18th October, 2017
GST Refund of Deemed Exports supply can be
Claimed by Either Recipient or Supplier
Notification No. 47/2017-Central Tax
Dated 18th October, 2017
Evidences required to be produced by
supplier of deemed export for claiming refund
Notification No. 49/2017-Central Tax
Dated 18th October, 2017
SN Panigrahi
141. EOU /
EHTP / STP /
BTP
DTA Sales by EOU/EHTP/STP/BTP units
Para 6.8 (a) to (m) of FTP
Notification No. 59/2017 Cus dtd. 30.06.2017
DTA Sale
As per
Para 6.08
of FTP
Finished
Goods
manufactured
, Including
Byproducts,
Rejects, Waste
and Scraps
On
Paymen
t
of
Reversal of Duties of
Custom
(BCD + Ed. Cess +
SHEd. Cess
As per SION Norms
Refund of any
Benefits
under Chapter 7 of
FTP
Excise Duty, if
Applicable,
GST and
Compensation Cess
And / or
DTA Sale subject to Fulfilment of positive
NFE & as specified in LoP and other
Provisions as per Para 6.08 of FTP
Pay through GAR-7
Customs BCD Account Code 00370002
Education Cess Account Code 0037 00 66
Higher & Secondary Ed. Cess Account Code 00370068
SN Panigrahi
142. Title Notification No. Date
Evidences required to be produced by supplier of
deemed export for claiming refund
Notification No. 49/2017-
Central Tax
18/10/2017
CBEC notifies certain supplies as deemed exports
under CGST Act, 2017
Notification No. 48/2017-
Central Tax
18/10/2017
GST Refund of deemed exports supply can be
claimed by either recipient or supplier
Notification No. 47/2017–
Central Tax
18/10/2017
DTA Sale of finished goods / scrap/ by product /
rejected goods
Notification No. 59/2017
Cus
30.06.2017
Operational problems being faced by EOU in GST
regime consequent to amendment in Notification
no. 52/2003-Customs dated 31-3-2003– reg.
Circular No. 29/2017-
Customs
17th July,
2017
SN Panigrahi
143. Objective:
To provide a level-playing field to domestic manufacturers
in certain specified cases, as may be decided by the
Government from time to time.
SN Panigrahi
144. As GST LawAs per Para 7.01(i) of FTP
Goods Supplied do not
leave country &
Payment for such
supplies is received either
in Indian rupees or in free
foreign exchange &
Goods Manufactured in
India
Supply of goods as
specified in Para 7.02
of FTP
Only the supplies notified
under Section 147 of the
CGST/SGST Act
Notification No. 48/2017-
Central Tax; 18/10/2017
Deemed Exports
SN Panigrahi
145. Deemed Exports
Domestic Supplier
Advance
Authorization
Holder
on Payment of GST
Treated as Deemed
Exports
Notification No. 48/2017-Central Tax
Dated 18th
Oct’ 2017
Refund of Deemed Exports supply
can be claimed by either
Recipient or Supplier
Notification No. 47/2017–Central Tax
Dated 18th
Oct’ 2017
EPCG
Authorization
Holder
EOU / EHTP /
STP / BTP unit
Supply of gold by a
bank or Public Sector
Undertaking
Supply (GST Items)
SN Panigrahi
146. Supplier of
Deemed Exports
Recipient of
Deemed Export
Deemed
Export
Supplies
Condition:
The recipient of deemed export
supplies. In this case, the
supplier has to give an
undertaking that he shall not
claim the refund in respect of
such supplies.
Condition:
The supplier of deemed exports
supplies in case where the
recipient has not availed the
input tax credit and furnishes an
undertaking that the recipient
has not claimed the refund
against such supplies.
Can Claim Tax
Paid as Deemed
Export
Refund
Can Claim Tax
Paid as Deemed
Export
Refund
Intra-State
CGST + SGST
Inter-State
IGST
(Circular-24/2017-Central Tax)
Rule 89 of CGST Rules
Who can file Refund claim application under deemed exports
Either Supplier or
Recipient can Claim
Refund Claim
SN Panigrahi
147. Title Notification No. Date
Evidences required to be
produced by supplier of
deemed export for claiming
refund
Notification No. 49/2017-
Central Tax
18/10/2017
CBEC notifies certain
supplies as deemed exports
under CGST Act, 2017
Notification No. 48/2017-
Central Tax
18/10/2017
GST Refund of deemed
exports supply can be
claimed by either recipient
or supplier
Notification No. 47/2017–
Central Tax
18/10/2017
SN Panigrahi
148.
149. The claim and sanctioning procedure will be completely online
and time bound which is a marked departure from the time
consuming and cumbersome procedure in the previous regime.
It has been decided, however, that since the online refund module
is not available immediately, the refund process would be handled
manually and Circular No. 17/17/2017- GST dated 15.11.2017
and Circular no. 24/24/2017-GST dated 21.12.2017 prescribing
the detailed procedure have been issued.
SN Panigrahi
150. Export
Without Payment of
GST - Under Bond /
LUT
FORM GST RFD-11
On Payment of
IGST
Refund of
ITC
Rule 96A
Refund of
IGST
Rule 96
Option - 1
Option - 2
Sec 16. (3)(a)
Of IGST Act
Sec 16. (3)(b)
Of IGST Act
Entitled to claim Refund even though the Export Goods
are non-taxable or even exempt supplies
SN Panigrahi
151. File Application in FORM GST RFD-01A on the common portal
Amount claimed as refund shall get debited from the amount in the Electronic
Credit Ledger
The common portal shall generate a proof of debit (ARN- Acknowledgement
Receipt Number)
Manual Submission to jurisdictional proper officer :
Print out of FORM GST RFD-01A mentioning ARN along with
all necessary documentary evidences as applicable
(as per details in statement 3 or 5 of Annexure to FORM GST RFD-01)
Circular No. 17/17/2017-GST dated 15.11.2017 and Circular no.
24/24/2017-GST dated 21.12.2017
Procedure for filing refund claims of unutilised ITC on account of zero rated
supply (Option – 1)
SN Panigrahi
152. Applicant shall Debit an
Amount Equal to the Refund
so Claimed
Rule 89 (3)
Rule 89(4) of CGST Rules
Refund Amount
=
(Turnover of zero-rated supply of goods + Turnover of zero-rated supply of services)
x
Net ITC
÷
Adjusted Total Turnover
"Adjusted Total Turnover" means the turnover in a State or a Union territory, as defined
under clause (112) of section 2, excluding – (a) the value of exempt supplies other than zero-
rated supplies and 69 (b) the turnover of supplies in respect of which refund is claimed under
subrules (4A) or (4B) or both, if any, during the relevant period
SN Panigrahi
153. GST
Portal
Customs
EDI
Details of
Relevant Export
Invoices as per
Table 6A of
FORM GSTR-
1 + Return in
FORM GSTR-
3B Filed by
Exporter
Details of the
Export Invoices
Confirmation that
Exported out of India
Option -1: Procedure of Claiming ITC Refund on Exports
Timelines
Rule 96A(2)
Verification by Proper Officer Starts
Issue of Acknowledgement within 15 Days
Rule 90(2)
Provisional Refund of 90% within 7 Days from
Acknowledgement
Sec 54(6) & Rule 91(2)
Balance 10% within 60 Days from Acknowledgement
Sec 54(7) & Rule 92(1)
Timelines
SN Panigrahi
154. Interest @ 6% shall be paid if full Refund is not
Granted within 60 days - Section 56 & Rule 94 -
Notification No. 13/2017 – Central Tax, 28th June, 2017
SN Panigrahi
155. With the Jurisdictional
Tax Authority
to which the Taxpayer
has been Assigned
Refund
Application
Central / State Tax officers
whether or not such person
was registered with such
Authority in the earlier regime
Where to File
the Refund Claims
Central Taxes
CGST, IGST & Cess
Central Tax Authority
Who will Make
the Payment of Refund
State / UT Taxes
SGST / UTGST
State tax / Union
Territory Tax Authority
OR
SN Panigrahi
156. Circular No.24/24/2017-GST, 21st December, 2017
Manual Filing and Processing of Refund Claims
Monthly if Turnover
> Rs 1.5 Cr
Quarterly if Turnover
< Rs 1.5 Cr
Para 2 of the Circular : Frequency of Filling Refund Claim
Opting to file FORM GSTR-1 quarterly (notification No. 57/2017-Central Tax
dated 15.11.2017)
The refund claim for a tax period
may be filed only after filing the
details in FORM GSTR-1 & FORM
GSTR-3B
FORM GST RFD-01A
SN Panigrahi
157. Exhaustive list of documents required for processing the various
categories of refund claims on exports is provided in the Table below:
Refunds may not be withheld due to minor procedural lapses or
non-substantive errors or omission.
Type of Refund Documents
Export of Services with
payment of tax (Refund of
IGST paid on export of
services)
-Copy of Form RFD-01A filed on common portal
-Copy of Statement 2 of FORM RFD-01A
-Invoices w.r.t. input, input services and capital goods
-BRC/FIRC for export of services
-Undertaking / Declaration in FORM RFD-01A
Export (goods or services)
without payment of tax
(Refund of accumulated ITC
of IGST / CGST / SGST /
UTGST / Cess)
-Copy of FORM RFD-01A filed on common portal
-Copy of Statement 3A of FORM RFD-01A
generated on common portal
-Copy of Statement 3 of FORM RFD-01A
-Invoices w.r.t. input and input services
-BRC/FIRC for export of services -
-Undertaking / Declaration in FORM RFD-01A
SN Panigrahi
158. Option -2: Procedure of Claiming IGST Refund on Exports
Shipping
Bill filed by an Exporter
shall be Deemed to be an
Application
No Separate Application
Required
Rule 96(1)
Carrier of Conveyance Files EGM
Applicant Furnished GSTR-3 or
GSTR- 3B
Confirmation by Customs
EDI that Goods Covered by
the said Invoices have been
Exported out of India.
As per Details of the
Relevant Export Invoices
contained in FORM
GSTR-1
Rule 96(2)
Processing the claim for
Refund -
Amount Credited to the
Bank Account
Credit to Bank A/C as
intimated to the Customs
authorities.
Rule 96(3)
Applicant Furnished Invoice
Details in Table 6A of GSTR -1
SN Panigrahi
160. Option -2: Procedure of Claiming IGST Refund on Exports
Guidelines
Instruction No. 15/2017- Customs, dated the 9th October 2017.
Ensure that Correct EGM/Export Reports are filed in a timely manner and Updated in EDI
System of Customs
Correct Filling of Details of Export Supplies in Table 6A of GSTR-1
Filing of Valid Return in GSTR-3 or GSTR-3B
Declaring Correct Details of Bank Account to Customs
Processing of Refund Claims by Concerned Customs Officials
SN Panigrahi
161. Code Meaning Rectification
SB000 Successfully validated
SB001 Invalid SB details Amend GSTR-1 by using Form 9A
and fill correct SB details
SB002 EGM not filed Approach shipping line for filing of
EGM
SB003 GSTIN mismatch Amend GSTR-1 by using Form 9A
SB004 Record already received and
validated
No action required
SB005 Invalid Invoice Number Amend GSTR·1 by using Form 9A and
fill correct
SB006 Gateway EGM not available Approach shipping line or Gateway
port Customs
PFMS Validation
Errors
Bank account details of
exporter not validated in
PFMS
Approach EDI section at the gateway
post Customs with correct account
number, bank name and branch
address and IFSC Code of the branch
Common Errors and Rectification Procedures
SN Panigrahi
162. Notification / Circular Subject / Description
1 Notification No. 37 /2017 – Central Tax, 4 th
October, 2017
Specifies conditions and safeguards for furnishing a Letter of Undertaking in place of a
Bond
2 Circular No. 8/8/2017-GST, 4 th October, 2017 Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
3 Circular No. 42/2017 – Customs dated
November 7, 2017
Errors in Refunds of IGST paid on export of goods under Rule 96 of CGST Rules, 2017
4 Notification No. 55/2017 – Central Tax dated
15.11.2017
Manual filing and processing of Refund
Eligibility for ITC for supply of services to Nepal and Bhutan
5 Circular No. 17/17/2017 – GST dated 15th
November 2017
Manual filing and processing of refund claims in respect of zero-rated supplies - reg.
6 Circular No. 24/24/2017 – GST dated 21st
December 2017
Manual filing and processing of refund claims on account of inverted duty structure,
deemed exports and excess balance in electronic cash ledger- Reg.
7 Notification No. 75/2017 – Central Tax, 29th
December, 2017
8 Circular No. 05/2018-Customs; 23rd February,
2018
Refund of IGST on Export– Invoice mis-match Cases –Alternative Mechanism with
Officer Interface
9 Circular No. 37/11/2018-GST, Dated the 15th
March, 2018
Clarifications on exports related refund issues- regarding
10 Circular No. 40/14/2018-GST, April 6, 2018 Clarification on issues related to furnishing of Bond/Letter of Undertaking for exports
– Reg.
11 Notification No. 64/2017- Customs, 5th July,
2017
IGST exemption to SEZs on import of Goods by a unit/developer in an SEZ
12 Circular No. 12/2018-Customs;
dated 29th May, 2018
Sanction of pending IGST refund claims where the records have not been transmitted
from the GSTN to DG Systems
13 Circular No. 45/19/2018-GST; Dated the 30th
May, 2018 Clarifications on refund related issues
Relevant Notifications / Circulars
SN Panigrahi
163. Rule Descrition
89 Application for refund of tax, interest, penalty, fees or any other amount
90 Acknowledgement
91 Grant of provisional refund
92 Order sanctioning refund
93 Credit of the amount of rejected refund claim
94 Order sanctioning interest on delayed refunds
95 Refund of tax to certain persons
96 Refund of integrated tax paid on goods [or services]48 exported out of
India
96A Refund of integrated tax paid on export of goods or services under bond or
Letter of Undertaking
97 Consumer Welfare Fund
97A Manual filing and processing
Relevant Rules
SN Panigrahi
164.
165. Registered
Merchant
Exporter
Registered
Supplier
Intra-State Supply
Tax Invoice
0.05% CGST + 0.05% SGST
(OR)
Inter-State Supply
Tax Invoice
0.1% IGST
Physical
Movement
of Goods Export within 90 Days
From Tax Invoice
Indicate in S/B –
1.Suppliers GSTIN
2.Suppliers Invoice No
Registered with an Export
Promotion Council or a
Commodity Board
Port / ICD /
Airport
LCS
Registered
Warehouse
(OR)
Aggregate Supplies
from Multiple
Registered Suppliers
Merchant Exporter Procuring from Domestic Supplier
Notification No. 40/2017-Central Tax (Rate), 23rd October, 2017
Notification No. 41/2017--Integrated Tax (Rate), 23rd October, 2017
SN Panigrahi
166. Registered
Merchant
Exporter
Registered
Supplier
Jurisdictional
Tax
Officer
Purchase Order Placed
CopyofPurchase
Order
After Export
Copy of S/B or
Bill of Export
+
Proof of EGM /
Export Report
After Export
Copy of S/B or
Bill of Export
+
Proof of EGM /
Export ReportSupplier Shall not be
Eligible for the Tax
Exemption if the Registered
Recipient fails to Export the
said goods within a period
of 90 Days from the date of
issue of Tax Invoice.
Merchant Exporter Procuring from Domestic Supplier
Notification No. 40/2017-Central Tax (Rate), 23rd October, 2017
Notification No. 41/2017--Integrated Tax (Rate), 23rd October, 2017
Exports Within
90 Days
Made Supply GST Paid
@ 0.1% (0.05%+ 0.05%)
SN Panigrahi
167. Deemed Exports
Domestic Supplier
Advance
Authorization
Holder
on Payment of GST
Treated as Deemed Exports
Notification No. 48/2017-Central
Tax
Dated 18th
Oct’ 2017
Refund of Deemed Exports supply can be
claimed by either Recipient or Supplier
Notification No. 47/2017–Central Tax
Dated 18th
Oct’ 2017
EPCG
Authorization
Holder
EOU / EHTP /
STP / BTP unit
Supply of gold by a
bank or Public Sector
Undertaking
Supply (GST Items)
SN Panigrahi
169. Domestic Supplies
To SEZ Unit / SEZ Developers
Domestic
Supplier
(DTA)
SEZ Unit / SEZ
Developer
Supplies : DTA to SEZ
Treated as Inter-State Transaction
Section 7(5)(b) of IGST Act
Treated as Zero Rated
Sec 16. (1) (b) of IGST Act
Under Bond /
LUT
FORM GST RFD-11
On Payment of
IGST
Supplier can Claim
Refund of
ITC
Rule 96A
Supplier can Claim
Refund of
IGST
Rule 96
Option - 1 Option - 2
Sec 16. (3)(a) of IGST Act Sec 16. (3)(b) of IGST Act
Entitled
to Export
Benefits
Two Options
For Supplier
SN Panigrahi
171. Sec 2(10) of IGST Act : ‘‘import of goods” with its grammatical
variations and cognate expressions, means bringing goods into
India from a place outside India;
Sec 2(11) of IGST Act : ‘‘import of services” means the supply of
any service, where––
(i) the supplier of service is located outside India;
(ii) the recipient of service is located in India; and
(iii) the place of supply of service is in India;
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172. [ Article 269A Inserted by the Constitution (One Hundred and First
Amendment) Act, 2016, w.e.f. 16-9-2016. ]
Article – 269A, Constitution of India 1950
Levy and collection of goods and services tax in course of inter-State
trade or commerce.
269A. (1) Goods and services tax on supplies in the course of inter-State trade or commerce
shall be levied and collected by the Government of India and such tax shall be apportioned
between the Union and the States in the manner as may be provided by Parliament by law
on the recommendations of the Goods and Services Tax Council.
Explanation.—For the purposes of this clause, supply of goods, or of services, or both in
the course of import into the territory of India shall be deemed
to be supply of goods, or of services, or both in the course of
inter-State trade or commerce.
Imports shall be deemed to be in the course of
inter-State trade or commerce
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173. Import
Services
Goods
Section 2 (10) of IGST Act, 2017 –
bringing goods into India from a
place outside India.
Section 2 (11) of IGST Act, 2017 :
1. Supplier - located outside India;
2. Recipient - located in India; and
3.The place of supply of service is
in India
Article 269 A : Import Treated as Inter-State Supply
Levy of Tax
Registered Recipient
on Reverse Charge
Levy of Tax
BCD + IGST +
Com. Cess
Under the
Customs Act, 1962
read with the
Custom Tariff Act,
1975
Levy of Tax
OIDAR by
Unregistered Person
Payable by Supplier /
Appointed Person
OIDAR : online information and database access or retrieval services
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174. Assessable Value
of Imported Goods
Value on which
IGST is Calculated
IGST Rate
Basic
Customs Duty
IGST Payable
Compensation
Cess Rate
Compensation
Cess Payable
Total Customs Duty
Payable
= BCD + Social Welfare
Surcharge
+IGST & Comp. Cess
Customs Duty Calculation
on Imports
(GST Applicable Items)
Input Tax Credit
(IGST
+ Comp. Cess)
Net off Credit
Customs Duty
Payable
Note : Input Tax Credit of this Cess
can only be utilized towards Cess
payment towards outward supply.
Social Welfare
Surcharge
Assessable Value
of Imported Goods
Value on which
IGST is Calculated
Basic
Customs Duty
Social Welfare
Surcharge
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SNPanigrahi
175. Note : On Non-GST Items like 5 Petroleum Products + Liquor for Human Consumption
Import Duty Shall Continue as per EarlierSN Panigrahi
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176. MANDATORY DOCUMENTS FOR EXPORT &
IMPORT
S. No. EXPORTS IMPORTS
1 Bill of Lading/ Airway Bill Bill of Lading/ Airway Bill
2 Commercial Invoice cum
Packing List
Commercial Invoice cum
Packing List
3 Shipping Bill/ Bill of
Export
Bill of Entry
MANDATORY DOCUMENTS LISTED BY WORLD BANK IN DOING BUSINESS REPORT
2015
S. No. EXPORTS IMPORTS
1 Shipping Bill Bill of Entry
2 Commercial Invoice Commercial invoice
3 Packing List Packing List
4 Bill of Lading Bill of Lading
5 Foreign Exchange Control Form (SDF) Foreign Exchange Control Form (Form A-1)
6 Terminal Handling Receipt Terminal Handling Receipt
7 Technical Standard Certificate Certified Engineer's
Report
8 Cargo Release Order
9 Product manual
10 Inspection report
DGFT NOTIFICATION No.08/2015-2020 Dated 4 th June, 2015
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178. Is High Sea Sales taxable under GST?
As per section 7(2) of the Integrated Goods and Services Act, 2017
("IGST"), supply of goods imported into the territory of India, till
they cross the customs frontiers of India, shall be treated to be
a supply of goods in the course of inter-State trade on which IGST
shall be payable.
There was a confusion regarding the interpretation of the term "till"
in this clause as to whether any sale of goods even before it
crosses Customs Frontiers of India is taxable under GST i.e it
includes a High-Seas sale as well. The CBEC has released FAQ
wherein this aspect has been clarified.
It was clarified that the High-Seas Sales shall not be taxable and
once the goods are cleared at the Customs Frontiers of India, IGST
shall be levied as a Customs Duty.
Therefore, High sea sales shall continue to be non-taxable
under the GST regime as well.
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179. Overseas
Supplier
Original
Importer
High Seas
Sale
Buyer - 1
in India
High Seas
Sale
Buyer - 2
in India
High Seas
Sale
Buyer - n
in India
All Duties, Taxes,
Cessess etc shall be
Collected at the Time
of Importation
Section 12 of the Customs
Act, 1962 and Section 3 of the
Customs Tariff act, 1975
Non-Taxable Supply
No GST Applicable
ITC Need to Reverse
Final
Importer
High Seas Sale (HSS)
Circular No. 33 /2017-Cus; dated
the 1st August, 2017
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180. The Incoterms rules or International Commercial Terms are a series of pre-
defined commercial terms published by the International Chamber of
Commerce (ICC) (@iccwbo) widely used in international commercial
transactions. First published in 1936 by International Chamber of Commerce
A series of three-letter trade terms related to common sales practices, the
Incoterms rules are intended primarily to clearly communicate the tasks, costs
and risks associated with the transportation and delivery of goods.
The Incoterms®
2010 rules* (International Commercial Terms) were developed
by the International Chamber of Commerce (ICC) as a uniform set of rules to
clarify the costs, risks and obligations of buyers and sellers in international
commercial transactions. Because they address issues relating to import and
export, Incoterms®
2010 rules are most appropriate for use in international
shipping.
The Incoterms®
2010 rules, the 7th revision are effective as of January 1, 2011.
INCOTERMS
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181. 3 Letter Trade Terms that relate to common sales practices:
How will the goods be shipped?
Who will pay the costs of the transportation and Insurance?
Have all the necessary costs been included in the final pricing?
What risks are involved with the terms that are being used?
What is the exact location point where risk transfers from seller to buyer?
It is not mandatory to use Incoterms in a sales contract.
INCOTERMS
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182. The 11 Incoterms® 2010 rules are presented in two distinct
classes:
Incoterms® 2010 rules formally recognizes that they are available for
application to both international and domestic sale contracts
Classification of the 11 Incoterms® 2010 Rules
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184. Export Clearance Procedure
Factory Stuffing of Containers
Intimation to Superintendent or
Customs for stuffing of
cargo from factory.
Empty Container picked up
from CY / ICD and Transported
to Factory .
Export Documentation
Made Ready at Factory.
Container stuffing
Self Sealing.
Invoice & Packing List; Shipper
Declaration; Purchase Order
Loaded and Sealed container moves
to port of Loading / ICD.
S/B filed along with other docs
for Customs Clearance at
Gateway port / CFS / ICD.
Documents cleared.
Container seals Intact.
‘Let Export’ Order given. .
Container moves to designated
Terminal for loading on vessel.
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185. SN Panigrahi
Customs Clearance Procedure
Import
Calling of
Vessels
Filing Import
General
Manifest (IGM)
Custody of
Custodian
Filing Bill of
Entry
Home Consumption
B/E
On Payment of
Customs Duty
Into Bond B/E
Without Payment
of Customs Duty
Delivery of
Goods
Two
Options
Customs
Bonded
Warehouse
Section 30 of the
Customs Act 1962.
IGM to be Filled
within 24 hours
after arrival of the
Ship
Three kinds of Bills of
Entry :
1.Home Consumption
B/E (Section 46 of the
Custom Act 1962)
2.Into bond B/E (Section
46 and 60 of Custom Act
1962)
3.Ex-bond B/E
4.(Section 68 of Customs
Act 1962).
Ex- Bond
B/E
Delivery of
Goods
186. Cargo Discharged at
Sea Port
Haulage / Drayage to Inland Container Depot (ICD) from port of discharge
Container moves to CY / CFS
for Clearance, or to Rail Head
for Haulage by Rail to ICD
Ocean Carrier agent files
Transshipment Bond with
Customs if final destination is
Inland Container Depot
Carrier Agent gives Movement
order for Inland Haulage to
specific destination ICD
Inland Haulage is normally
by Rail.
It can also be by Road.
SNPanigrahi
187. Import Clearance Procedure
Upon Cargo Arrival, the Importer has two options:
To Clear Immediately
for
Home Consumption
To Store under Bond
&
Clear Later
Cargo is put in Customs
Bonded Warehouse and
cleared later upon payment of
applicable duties.
Bonded Warehouse storage
charges will be applicable
during the period of storage.
Cargo is cleared for delivery
upon payment of applicable
duties.
Importer takes away his cargo
and no storage charge is
applicable, if done so during
the free period.
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188. Import Clearance Procedure
Import Clearance can be under any one of the various promotional schemes in
which an Industry is categorized, example; EOU, SEZ etc.
Filing ‘Bill of Entry’ (BE) via EDI
(Electronic Data Interface) or
Manually with all documents
Processing of ‘Bill of Entry’
by Customs officials
Appraisal & Assessment
Payment of Duties as assessed
as per tariff
Cargo Examination in line with
appraised documents
Customs ‘Out of Charge’
Cargo Customs Cleared
& ready for delivery
Examination:
Partial as percentage at random.
Full 100% cargo examination.
Mode of payment:
Online under registration
Customs Nominated
banks.
Demand Draft.
Advance Examination:
Upon receipt of Exam
report, cargo classification
is determined and duty
Calculation is made.
Major Documents:
Invoice & Packing List
Bill of Lading/AWB, Delivery Order,
Cert. of Origin, Cargo catalogue,
Import license if any
Assessment: Calculation of duties as
per cargo classification. Advance cargo
exam if necessary to determine
classification and calculate duties.
Appraisal:
Import Permissibility
as per FTP, Correctness of docs
and declarations, Correctness of
value. Fraud Prevention
EDI Filing: Electronic input Generation of
Checklist Generation of BE no.
Noting vis-à-vis IGM; Submit documents
under checklist and BE no.
Cargo Move to Importers
Place
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189. E- Way Bill : Introduction
A registered person who intends to initiate a movement of goods of
value exceeding Rs 50,000 should generate an e-Way bill
E-Way bill stands for Electronic Way Bill
It is a Compliance Document to be Carried by a Carrier of Consignment
A unique bill number generated for the specific consignment
involving the movement of goods
Section 68 of CGST Act mandates E-Way Bill Requirement and procedural
aspects are prescribed under Rule 138 of CGST Rules.
The platform can handle load of as many as 75 lakh inter-state e-way bills daily
without any glitch. The system has been designed and developed by National
Informatics Centre (NIC).
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192. Notification / Circular Description
Notification No.27 /2017 – Central
Tax, 30thAugust, 2017
Amend the Central Goods and Services Tax Rules, 2017
Notification no 74/2017 CT dt
29th
December 2017
Notifies the date as 1st day of February, 2018
from which E-Way Bill Rules shall come into force for Inter-
State Movement of Goods (rescinded vide Notification No.
11/2018- Central Tax dated 2nd February, 2018)
Notification No. 3/2018 – Central
Tax, 23rd January, 2018
Amend the Central Goods and Services Tax Rules, 2017
Notification No.12/2018 – Central
Tax, 7th March, 2018
Amend the Central Goods and Services Tax Rules, 2017
Notification No. 15/2018 – Central
Tax; 23rd March 2018
Notifies the date as 1st day of April, 2018
from which E-Way Bill Rules shall come into force for Inter-
State Movement of Goods
Circular 41/15/2018-GST, dated
13th April 2018
Clarifying the procedure for interception of conveyances
for inspection of goods in movement, and detention,
release and confiscation of such goods and conveyances.
Circular No. 3/3/2017 – GST, dated
05.07.2017
Proper officer relating to provisions other than Registration
and Composition SN Panigrahi