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1
International
Business
Consultant –
Corporate Trainer
– Mentor & Author
2
3
For Promotion of Exports India has Framed various types of Schemes
to Rebate or Refund the Taxes. Currently available Schemes are
Merchandise Export from India Scheme (MEIS), Advance Authorization
Scheme, Export Promotion Capital Goods Scheme (EPCG) and Duty
Drawback Scheme.
All these Export Promotion Schemes were framed under premise of
Neutralizing Incidence of Taxes based on Universally Accepted
cardinal Principles of trade is that Taxes Should Not be Exported,
otherwise it may adversely Influence the commodity Price and may lead
to un-competitiveness in the Global Market.
4
5
A scheme designed to
provide rewards to
exporters to offset
infrastructural
inefficiencies and
associated costs.
Transferable Duty
Credit Scrips are
Issued which can be
used to upset Customs
Duties.
Discontinued
w.e.f
1st Jan’2021
The Scheme allows
Duty Free Import
of inputs, which are
physically
incorporated in an
export product. In
addition to any
inputs, packaging
material, fuel, oil,
catalyst which is
consumed / utilized
in the process of
production of export
product, is also be
allowed – as per
SION.
The objective of the
Scheme is to
facilitate import of
capital goods for
producing quality
goods and services
and enhance India’s
manufacturing
competitiveness.
EPCG Scheme
allows import of
capital goods for
pre-production,
production and
post-production at
zero customs duty.
Duty Drawback
Allows Refund of
Duty
of Customs and
Duty of Central
Excise that are
chargeable on
Imported and
Indigenous
Materials used in
the Manufacture
of Exported
Goods.
6
Introduced in 1981, the
Export Oriented Units
(EOU) scheme aims to
increase exports from India.
Under EOU Scheme,
manufacturing or service
sector units are allowed to
be set up with the objective
of exporting entire
production of goods
manufactured or services
except limited sale in
Domestic Tariff Area (DTA)
as provided under the
Foreign Trade Policy (FTP).
Similar other Schemes
: STP, EHTP, BTP
Special Economic
Zone (SEZ) Policy in
India first came into
inception on April 1, 2000
is a specifically
delineated duty-free
enclave and shall be
deemed to be foreign
territory for the purposes
of trade operations and
duties and tariffs.
The prime objective was
to enhance foreign
investment and provide
an internationally
competitive and hassle
free environment for
exports.
The Free Trade &
Warehousing Zones
(FTWZ) shall be a
special category of
Special Economic Zones
with a focus on trading
and warehousing.
The objective is to create
trade-related
infrastructure to
facilitate the import and
export of goods and
services with freedom to
carry out trade
transactions in free
currency.
Through bonded
manufacturing, all
types of businesses
can avail exemption on
customs duty on
imported inputs used in
the production of
finished goods to be
exported.
In the case of domestic
consumption, the duty
on imported inputs is
deferred until the
finished goods are
cleared to the domestic
market.
7
Exporter
Without Payment
of Tax
Under Bond / LUT
FORM GST RFD-11
With Payment of
IGST
Payment of
IGST
Refund of
ITC
Rule 96 A
Read with
Rule 86
Refund of
IGST
Rule 96 &
89
Option - 1
Option - 2
Sec 16. (3)(a)
Sec 16. (3)(b)
Circular No. 17/17/2017- GST dated 15.11.2017 and
Circular no. 24/24/2017-GST dated 21.12.2017
Zero Rated Supply
Export.
ITC
Allowed
ITC
Allowed
Accumulated ITC can be Claimed as Refund
Credit Ledger Debited to the Extent of Refund Claimed
ITC Utilized towards Payment of IGST
GST Paid
On Input or
Input Services
8
Ceiling/Cap on MEIS benefits Available to
Exporters on Exports Made from 01.09.2020
to 31.12.2020.
Notification No. 30/2015-2020; Dt.: 1st Sep’2020
Two new paragraphs, 3.04A and 3.04B are inserted in the Foreign Trade Policy as below:
*3.04A
The total reward which may be granted to an IEC holder under the Merchandise Exports From
India Scheme (MEIS) shall not exceed Rs. 2 Crore per IEC on exports made in the
period 01.09.2020 to 31.12.2020 [period based on Let Export Order (LEO) date of shipping
bill(s)]. Any IEC holder who has not made any export with LEO date during the period
01.09.2019 to 31.08.2020 or any new IEC obtained on or after 01.09.2020 would not be
eligible for submitting any claim for benefits under MEIS for exports made with effect from
01.09.2020. The aforesaid ceiling may be subject to a further downward revision to ensure
that the total claim under the Scheme for the period (01.09.2020 to 31.12.2020) does not
exceed the allocation prescribed by the Government, which is Rs. 5,000 Cr.
3.04B
Benefits under MEIS shall not be available for exports made with effect from
01.01.2021.
9
10
At present, GST Taxes and Import / Customs Duties for Inputs Required to Manufacture Exported
Products are either Exempted or Refunded through Various Schemes Like Advance Authorization,
DFIA, Duty Drawback etc.
However, there are certain taxes / duties / levies, at different stages at the central, state and
local level, which are incurred in the process of manufacture and distribution of exported pro-
ducts but are not being refunded under any mechanism currently in practice.
Moreover, in the wake of complaints filed by USA against India to discontinue export incentive
scheme (like MEIS) citing these schemes tantamount to subsidy, which is not in compliance with
WTO guidelines, and subsequent ruling of Dispute Resolution Panel (DRP) of World Trade
Organisation (WTO) that India’s export subsidy schemes violate global trade norms and therefore
asked to withdraw.
Abiding by the Ruling, the Government scraped MEIS Scheme which was ended by 31st
Dec’2020.
11
12
The Government is now formulated a new Scheme to cover all the export sectors to refund un-
refunded taxes or duties / levies, not exempted or rebated at present by any other mechanism
currently in practice.
Remission of Duties or Taxes on Export Products (RoDTEP) is a scheme for the Exporters to make
Indian products cost-competitive and create a level playing field for them in the Global Market by
Refund un-refunded Taxes or Duties / Levies, not Exempted or Rebated at Present by any other
Mechanism.
Under the WTO rules, certain Taxes & Duties like state taxes on power, oil, water, transportation, and
other cesses and local levies are allowed to be refunded.
This Scheme will Not only Replace the Current Merchandise Exports from India Scheme (MEIS), which
is not in compliance with WTO norms and rules, but goes beyond it to Refund un-refunded Taxes or
Duties / Levies as discussed above.
The new RoDTEP is a well-Conceived & Intended Scheme - fully WTO compliant and need of the
hour in this critical juncture in view of Exit of MEIS.
13
 Benefit would be provided on certain taxes / duties / levies (other than GST) levies at the central, state and
local level, which are not refunded for exports, such as:
State Levies
 VAT on fuel used in transportation; VAT on fuel used in generation of captive power; VAT on fuel used in farm
sector (for farm products only); Mandi Tax; Duty on electricity charges; Stamp duty on export documents;
Embedded SGST paid on inputs such as pesticides, fertilizers etc. used in production of agriculture goods;
Embedded SGST in purchases from unregistered dealers; Embedded SGST on coal used in production of
electricity; Embedded SGST on inputs for transport sector;
Central Levies
 Central Excise duty on fuel used in transportation; Embedded CGST paid on inputs such as pesticides,
fertilizer etc. used in production of required raw materials; Embedded CGST in purchases from unregistered
dealers; Embedded CGST and Compensation Cess on coal used in production of electricity; Embedded
CGST on inputs for transport sector.
 New scheme aims at creating an Electronic Credit Ledger in the customs ICEGATE which enables Digital
Refund to Exporters.
 The Refund would be claimed as a percentage of the Freight on Board (FOB) value of exports.
14
15
Government Issued an Advisory on 1st Jan’2021
A new scheme, RoDTEP (Remission of Duties and Taxes on Exported Products) has been launched by the
government for exporters. The scheme provides for rebate of Central, State and Local duties/taxes/ levies
which are not refunded under any other duty remission schemes. The broad provisions are as under:
I. To avail the scheme exporter shall make a claim for RoDTEP in the shipping bill by making a
declaration.
II. Once EGM is filed, claim will be processed by Customs.
III. Once processed a scroll with all individual Shipping Bills for admissible amount would be
generated and made available in the users account at ICEGATE,
IV. User can create RoDTEP credit ledger account under Credit Ledger tab. This can be done by
IECs who have registered on ICEGATE with a DSC.
V. Exporter can log in into his account and generate scrip after selecting the relevant shipping
bills.
16
As of now the users can log into their ICEGATE account and create the RoDEP Credit Ledger Account, as scrip
generation provision will be made functional on the issuance corresponding notification by the department and
availability of the budget. Implementation of scheme in Custom Automated System has been developed.
 W.e.f. 01.01.2021, it is mandatory for the exporters to indicate in their Shipping Bill whether or not
they intend to claim RoDTEP on the export items. This claim is mandatory for the items (RITC codes)
notified under the new scheme. Since the final list of RITC codes eligible for RoDTEP scheme and the
corresponding rates are yet to be notified by the Government, this declaration has been made mandatory for
all items in the Shipping Bill starting 01.01.2021.
 Unlike Drawback, there is no separate serial numbers based on a schedule for claiming RoDTEP. RoDTEP
rates will be notified as per the RITC Code and therefore, there will be no need to declare any separate code
or schedule serial number for RoDTEP.
Cont…………….
17
18
It may be noted that if RODTEPY is not specifically claimed in
the Shipping Bill, no RoDTEP would accrue to the exporter.
Even though the items and rates are not notified the Government
for RoDTEP yet, the exporters must indicate their intent for claim
at the time of Shipping Bill filing itself. Once the rates are notified,
System would automatically calculate the RoDTEP amounts for all
the items where RODTEPY was claimed.
No changes in the claim will be allowed after the filing of the
EGM.
19
20
There are some checks built in the System to disallow RoDTEP
benefit where the benefit of certain other schemes like Advance
Authorization, EOU, Jobbing etc. has been availed. While some
checks have been built in within the System at the time of filing the
Shipping Bill, it is assumed that if the exporter (or the authorized
Customs Broker) has submitted the statement as mentioned in para
2(b) with the Shipping Bill, the claim to RoDTEP has been made with
the undertaking that no undue benefit would be availed.
21
22
Issue – 1:
The Scheme is Introduced without announcing Rates. Generally,
Exporters Factor all Export Benefits, while working Export Prices to
be Competitive in the International Market.
Suggestion:
Therefore, without knowing RoDTEP Rates Exporters are finding it
Difficult to workout Export Prices. Government should come out with
the Proposed Rates Immediately.
23
Issue – 2
By putting some built in checks in the System to disallow RoDTEP benefit where the
benefit of certain other schemes like Advance Authorization, EOU, Jobbing, SEZ etc. are
illogical as the Objective of the scheme is to refund, all the un-refunded taxes or duties /
levies, Embedded in the Entire Value Chain, those are not exempted or rebated at
present by any other mechanism currently in practice.
Suggestion:
In the present under various schemes like Advance Authorization, EOU, Jobbing, SEZ etc.
Taxes / Duties on only immediate (First Tier) Inputs are being Exempted and not other
incidents of Taxes in the Entire Value Chain beyond First Tier. So the Rates proposed
under RoDTEP are Mutually Exclusive basis with other Schemes, therefore the Benefits
of RoDTEP should be allowed to Exporters availing Advance Authorization, EOU,
Jobbing, SEZ etc.
24
Issue 3:
The Scheme is introduced without Prior issue of Gazette Notification detailing the
Objectives, Coverage & Procedures leading to Confusions. Only the Advisory & Press
Notice were issued on 1st Jan’2021 without giving opportunity to trade to understand the
Scheme & avail the benefit. If the RODTEPY is not specifically claimed in the
Shipping Bill, no RoDTEP would accrue to the exporter. Many Exporters missed to
Claim, since no prior information.
Suggestion :
Therefore, those who are not claimed specifically in Shipping Bill wef 1st Jan’2021
also shall be allowed to Claim latter by amending the Shipping Bills.
25

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New Export Promotion Scheme RoDTEP : Implemented without Rates Announced - By SN Panigrahi

  • 2. 2
  • 3. 3 For Promotion of Exports India has Framed various types of Schemes to Rebate or Refund the Taxes. Currently available Schemes are Merchandise Export from India Scheme (MEIS), Advance Authorization Scheme, Export Promotion Capital Goods Scheme (EPCG) and Duty Drawback Scheme. All these Export Promotion Schemes were framed under premise of Neutralizing Incidence of Taxes based on Universally Accepted cardinal Principles of trade is that Taxes Should Not be Exported, otherwise it may adversely Influence the commodity Price and may lead to un-competitiveness in the Global Market.
  • 4. 4
  • 5. 5 A scheme designed to provide rewards to exporters to offset infrastructural inefficiencies and associated costs. Transferable Duty Credit Scrips are Issued which can be used to upset Customs Duties. Discontinued w.e.f 1st Jan’2021 The Scheme allows Duty Free Import of inputs, which are physically incorporated in an export product. In addition to any inputs, packaging material, fuel, oil, catalyst which is consumed / utilized in the process of production of export product, is also be allowed – as per SION. The objective of the Scheme is to facilitate import of capital goods for producing quality goods and services and enhance India’s manufacturing competitiveness. EPCG Scheme allows import of capital goods for pre-production, production and post-production at zero customs duty. Duty Drawback Allows Refund of Duty of Customs and Duty of Central Excise that are chargeable on Imported and Indigenous Materials used in the Manufacture of Exported Goods.
  • 6. 6 Introduced in 1981, the Export Oriented Units (EOU) scheme aims to increase exports from India. Under EOU Scheme, manufacturing or service sector units are allowed to be set up with the objective of exporting entire production of goods manufactured or services except limited sale in Domestic Tariff Area (DTA) as provided under the Foreign Trade Policy (FTP). Similar other Schemes : STP, EHTP, BTP Special Economic Zone (SEZ) Policy in India first came into inception on April 1, 2000 is a specifically delineated duty-free enclave and shall be deemed to be foreign territory for the purposes of trade operations and duties and tariffs. The prime objective was to enhance foreign investment and provide an internationally competitive and hassle free environment for exports. The Free Trade & Warehousing Zones (FTWZ) shall be a special category of Special Economic Zones with a focus on trading and warehousing. The objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency. Through bonded manufacturing, all types of businesses can avail exemption on customs duty on imported inputs used in the production of finished goods to be exported. In the case of domestic consumption, the duty on imported inputs is deferred until the finished goods are cleared to the domestic market.
  • 7. 7 Exporter Without Payment of Tax Under Bond / LUT FORM GST RFD-11 With Payment of IGST Payment of IGST Refund of ITC Rule 96 A Read with Rule 86 Refund of IGST Rule 96 & 89 Option - 1 Option - 2 Sec 16. (3)(a) Sec 16. (3)(b) Circular No. 17/17/2017- GST dated 15.11.2017 and Circular no. 24/24/2017-GST dated 21.12.2017 Zero Rated Supply Export. ITC Allowed ITC Allowed Accumulated ITC can be Claimed as Refund Credit Ledger Debited to the Extent of Refund Claimed ITC Utilized towards Payment of IGST GST Paid On Input or Input Services
  • 8. 8 Ceiling/Cap on MEIS benefits Available to Exporters on Exports Made from 01.09.2020 to 31.12.2020. Notification No. 30/2015-2020; Dt.: 1st Sep’2020 Two new paragraphs, 3.04A and 3.04B are inserted in the Foreign Trade Policy as below: *3.04A The total reward which may be granted to an IEC holder under the Merchandise Exports From India Scheme (MEIS) shall not exceed Rs. 2 Crore per IEC on exports made in the period 01.09.2020 to 31.12.2020 [period based on Let Export Order (LEO) date of shipping bill(s)]. Any IEC holder who has not made any export with LEO date during the period 01.09.2019 to 31.08.2020 or any new IEC obtained on or after 01.09.2020 would not be eligible for submitting any claim for benefits under MEIS for exports made with effect from 01.09.2020. The aforesaid ceiling may be subject to a further downward revision to ensure that the total claim under the Scheme for the period (01.09.2020 to 31.12.2020) does not exceed the allocation prescribed by the Government, which is Rs. 5,000 Cr. 3.04B Benefits under MEIS shall not be available for exports made with effect from 01.01.2021.
  • 9. 9
  • 10. 10 At present, GST Taxes and Import / Customs Duties for Inputs Required to Manufacture Exported Products are either Exempted or Refunded through Various Schemes Like Advance Authorization, DFIA, Duty Drawback etc. However, there are certain taxes / duties / levies, at different stages at the central, state and local level, which are incurred in the process of manufacture and distribution of exported pro- ducts but are not being refunded under any mechanism currently in practice. Moreover, in the wake of complaints filed by USA against India to discontinue export incentive scheme (like MEIS) citing these schemes tantamount to subsidy, which is not in compliance with WTO guidelines, and subsequent ruling of Dispute Resolution Panel (DRP) of World Trade Organisation (WTO) that India’s export subsidy schemes violate global trade norms and therefore asked to withdraw. Abiding by the Ruling, the Government scraped MEIS Scheme which was ended by 31st Dec’2020.
  • 11. 11
  • 12. 12 The Government is now formulated a new Scheme to cover all the export sectors to refund un- refunded taxes or duties / levies, not exempted or rebated at present by any other mechanism currently in practice. Remission of Duties or Taxes on Export Products (RoDTEP) is a scheme for the Exporters to make Indian products cost-competitive and create a level playing field for them in the Global Market by Refund un-refunded Taxes or Duties / Levies, not Exempted or Rebated at Present by any other Mechanism. Under the WTO rules, certain Taxes & Duties like state taxes on power, oil, water, transportation, and other cesses and local levies are allowed to be refunded. This Scheme will Not only Replace the Current Merchandise Exports from India Scheme (MEIS), which is not in compliance with WTO norms and rules, but goes beyond it to Refund un-refunded Taxes or Duties / Levies as discussed above. The new RoDTEP is a well-Conceived & Intended Scheme - fully WTO compliant and need of the hour in this critical juncture in view of Exit of MEIS.
  • 13. 13  Benefit would be provided on certain taxes / duties / levies (other than GST) levies at the central, state and local level, which are not refunded for exports, such as: State Levies  VAT on fuel used in transportation; VAT on fuel used in generation of captive power; VAT on fuel used in farm sector (for farm products only); Mandi Tax; Duty on electricity charges; Stamp duty on export documents; Embedded SGST paid on inputs such as pesticides, fertilizers etc. used in production of agriculture goods; Embedded SGST in purchases from unregistered dealers; Embedded SGST on coal used in production of electricity; Embedded SGST on inputs for transport sector; Central Levies  Central Excise duty on fuel used in transportation; Embedded CGST paid on inputs such as pesticides, fertilizer etc. used in production of required raw materials; Embedded CGST in purchases from unregistered dealers; Embedded CGST and Compensation Cess on coal used in production of electricity; Embedded CGST on inputs for transport sector.  New scheme aims at creating an Electronic Credit Ledger in the customs ICEGATE which enables Digital Refund to Exporters.  The Refund would be claimed as a percentage of the Freight on Board (FOB) value of exports.
  • 14. 14
  • 15. 15 Government Issued an Advisory on 1st Jan’2021 A new scheme, RoDTEP (Remission of Duties and Taxes on Exported Products) has been launched by the government for exporters. The scheme provides for rebate of Central, State and Local duties/taxes/ levies which are not refunded under any other duty remission schemes. The broad provisions are as under: I. To avail the scheme exporter shall make a claim for RoDTEP in the shipping bill by making a declaration. II. Once EGM is filed, claim will be processed by Customs. III. Once processed a scroll with all individual Shipping Bills for admissible amount would be generated and made available in the users account at ICEGATE, IV. User can create RoDTEP credit ledger account under Credit Ledger tab. This can be done by IECs who have registered on ICEGATE with a DSC. V. Exporter can log in into his account and generate scrip after selecting the relevant shipping bills.
  • 16. 16 As of now the users can log into their ICEGATE account and create the RoDEP Credit Ledger Account, as scrip generation provision will be made functional on the issuance corresponding notification by the department and availability of the budget. Implementation of scheme in Custom Automated System has been developed.  W.e.f. 01.01.2021, it is mandatory for the exporters to indicate in their Shipping Bill whether or not they intend to claim RoDTEP on the export items. This claim is mandatory for the items (RITC codes) notified under the new scheme. Since the final list of RITC codes eligible for RoDTEP scheme and the corresponding rates are yet to be notified by the Government, this declaration has been made mandatory for all items in the Shipping Bill starting 01.01.2021.  Unlike Drawback, there is no separate serial numbers based on a schedule for claiming RoDTEP. RoDTEP rates will be notified as per the RITC Code and therefore, there will be no need to declare any separate code or schedule serial number for RoDTEP. Cont…………….
  • 17. 17
  • 18. 18 It may be noted that if RODTEPY is not specifically claimed in the Shipping Bill, no RoDTEP would accrue to the exporter. Even though the items and rates are not notified the Government for RoDTEP yet, the exporters must indicate their intent for claim at the time of Shipping Bill filing itself. Once the rates are notified, System would automatically calculate the RoDTEP amounts for all the items where RODTEPY was claimed. No changes in the claim will be allowed after the filing of the EGM.
  • 19. 19
  • 20. 20 There are some checks built in the System to disallow RoDTEP benefit where the benefit of certain other schemes like Advance Authorization, EOU, Jobbing etc. has been availed. While some checks have been built in within the System at the time of filing the Shipping Bill, it is assumed that if the exporter (or the authorized Customs Broker) has submitted the statement as mentioned in para 2(b) with the Shipping Bill, the claim to RoDTEP has been made with the undertaking that no undue benefit would be availed.
  • 21. 21
  • 22. 22 Issue – 1: The Scheme is Introduced without announcing Rates. Generally, Exporters Factor all Export Benefits, while working Export Prices to be Competitive in the International Market. Suggestion: Therefore, without knowing RoDTEP Rates Exporters are finding it Difficult to workout Export Prices. Government should come out with the Proposed Rates Immediately.
  • 23. 23 Issue – 2 By putting some built in checks in the System to disallow RoDTEP benefit where the benefit of certain other schemes like Advance Authorization, EOU, Jobbing, SEZ etc. are illogical as the Objective of the scheme is to refund, all the un-refunded taxes or duties / levies, Embedded in the Entire Value Chain, those are not exempted or rebated at present by any other mechanism currently in practice. Suggestion: In the present under various schemes like Advance Authorization, EOU, Jobbing, SEZ etc. Taxes / Duties on only immediate (First Tier) Inputs are being Exempted and not other incidents of Taxes in the Entire Value Chain beyond First Tier. So the Rates proposed under RoDTEP are Mutually Exclusive basis with other Schemes, therefore the Benefits of RoDTEP should be allowed to Exporters availing Advance Authorization, EOU, Jobbing, SEZ etc.
  • 24. 24 Issue 3: The Scheme is introduced without Prior issue of Gazette Notification detailing the Objectives, Coverage & Procedures leading to Confusions. Only the Advisory & Press Notice were issued on 1st Jan’2021 without giving opportunity to trade to understand the Scheme & avail the benefit. If the RODTEPY is not specifically claimed in the Shipping Bill, no RoDTEP would accrue to the exporter. Many Exporters missed to Claim, since no prior information. Suggestion : Therefore, those who are not claimed specifically in Shipping Bill wef 1st Jan’2021 also shall be allowed to Claim latter by amending the Shipping Bills.
  • 25. 25