ANF 5A

APPLICATION FORM FOR EPCG AUTHORISATION ISSUE

{Please see guidelines (given at the end) before filing the application}

I. IEC Number

2. Applicant Details

i. Name

ii. Address

Col 6 Deleted ( Ref by Public Notice No. 109(RE-2008)/2004-09, dated 17th November, 2008)

8. Excise Details (For those registered with Central Excise Authority )

i. Excise Registration Nimber

ii. Date of Issue / Issuing Authority

86

11A. whether imports made are also Project Imports as per Para 5.1B of PolicyYes / No

11E. Total CIF value of CG to be imported:

+ - whether Capital Goods / Spares / Tools /Jigs / Fixtures / Dies / Moulds /spare Refractories / Catalyst/

++ - whether used for Pre Production activity/ Production activity/ Post Production activity/ For rendering Services

(From amongst col.11Cand 11D above please fill up whichever is applicable. In case applicant desires to import both restricted and freely importable capital goods appropriate information should be given in both the cols.)

11G (a). Port of Registration for purpose of imports

87

11G (b). Address of the Factory/Premises

Note:

i.+++ in case of indigenous sourcing of CG , duty saved is to be calculated on notional custom duty saved on

FOR Value of CG as per para 5.7A of FTP

ii.In case of EPCG Authorization for projects as per para 5.1B of Policy, the basic customs duty would be

7.5%. wherever CVD is paid in cash and not subsequently cenveted, CVD would not be taken for computation of net duty saved.

14. Products to be exported/Services to be rendered

88

17B. Export obligation Period: (8 year/ 12 years) :

Note: For Premier Trading Houses, exercising option of average over 5 years, all the above details must be given for 2

more years.

89

DECLARATION/UNDERTAKING

1.I / We hereby declare that the particulars and the statements made in this application are true and correct to the best

of my/our knowledge and belief and nothing has been concealed or held there from and if found incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.

2.I / We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed there under, the Foreign Trade Policy, the Handbook of Procedures and the ITC(HS) Classification of Export & Import Items.

3.I / We hereby certify that none of the Proprietor / Partner(s) / Director(s) / Karta / Trustee of the firm / company, as the case may be, is/are a Proprietor / Partner(s) / Director(s) / Karta / Trustee in any other firm / Company which has come to the adverse notice of DGFT.

4.I / We hereby certify that neither the Registered Office/Head Office of the firm/company nor any of its Branch Office(s)

/ Unit(s) / Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import /

export under any of the provisions of the Policy.

5.I / We hereby declare that I/we have perused the list of SCOMET items as contained in the Appendix 3 to the

Schedule 2 of the ITC (HS) Classifications of Export-Import Items, 2004-09 and that the item(s) exported / proposed

to be exported does not fall within this list and that I/ We agree to abide by the provisions of the Policy for export of

SCOMET items contained in the Foreign Trade Policy, Schedule 2 of ITC (HS) and the Handbook of Procedures

(Vol.1), irrespective of the scheme under which the item is exported / proposed to be exported.

6.I / We declare that no export proceeds are outstanding beyond the prescribed period as laid down by the RBI, or such extended period for which RBI permission has been obtained.

7.I / We hereby declare that the capital goods/spares sought for import in the application are actually required for use at pre production/production/post production stages for the export product(s) or for rendering services for fulfilment of export obligation.

8.I / We hereby declare that in respect of goods for which nexus is not established at a later date, I / We shall pay to the Government Customs duty saved together with 15% interest on such imported goods which are found having no relation with product exported or service rendered.

9.I / We hereby declare that in case of import of refurbished/reconditioned spares, the refurbished/reconditioned spares have a residual life which is not less than 80% of the life of the original spares.

10.I / We hereby declare that I / We do not come under the purview of Service Tax and therefore are not registered with the Service Tax Cell of the jurisdictional Central Excise Authorities. (in case of Service Providers who are not covered under service tax)

11.I / We hereby declare that I/We shall not exceed the SSI investment limit in plant and machinery after making imports under the EPCG Authorisation. (applicable in cases of imports made by SSI sector)

12.I / We hereby declare that the import of capital goods shall be used for building and operating shopping malls/super markets having a minimum covered area of 1000 sq meters. (Applicable in case of imports made by Retail sector).

13.I / We hereby declare that I/We have not made imports under the Technological Upgradation Scheme previously before any Licensing authority and the present imports of Capital Goods to be made under this Scheme (for which this application is made) are more than 10% of the my/our present investment in the plant and machinery. (applicable

in case of imports under EPCG Technological Upgradation Scheme)

13(a) Self certified copy of IEM/SSI registration number in case of products and a self-certified copy of Service Tax Registration

in case of Service Providers.

(In case of Service Providers, who are not registered with Service Tax Authorities and a declaration in this regard has

been submitted as a part of the application (Declaration No.10), Service Tax Registration is not required to be submitted.

In such cases, RCMC from EPC concerned will suffice).

I/We undertake to submit a self certified copy of ‘Drug Manufacturing Licence’ in case of export of Pharmaceutical

Product(s) within a period of three years from the date of issue of EPCG Authorization failing which the Bank Guarantee

/Legal Undertaking executed/furnished at the time of clearance of Capital Goods with Customs authorities/Regional

Authorities of DGFT, as the case may be, is liable to be forfeited/invoked and I/We would be liable to pay Customs Duty

saved amount together with applicable interest thereon from the date of first import till the date of final payment. (Ref.

DGFT Public Notice No. 109(RE-2008)/2004-09, dated 17th November, 2008)

14.I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 9.9 of the Policy.

(Note: Strike out the clause which is not applicable.)

Signature of the ApplicantPlace

NameDate .............................

Designation

Official Address

Telephone Residential Address Email Address

90

GUIDELINES FOR APPLICANTS

1.Two copies of the application must be submitted unless otherwise mentioned.

2.Each individual page of the application has to be signed by the applicant.

3.In case CG sought to be imported is under restricted category, a copy of this application shall be sent to EFC at DGFT HQRS also. (In such cases no separate application fee shall be required to be submitted while sending the copy of the application to Hqrs. EFC). Upon clearance by EFC, EPCG authorisation shall be issued by RA and will bear an endorsement that EFC has approved issue of EPCG Authorisation for restricted CG.

4.Application must be accompanied by documents as per details given below:

(1) Bank Receipt / Demand Draft / EFT details evidencing payment of application fee in terms of Appendix

21B.

(2) Self certified copy of IEM/SSI registration number in case of products and a self-certified copy of Service Tax Registration in case of Service Providers.

(In case of Service Providers, who are not registered with Service Tax Authorities and a declaration in this regard has been submitted as a part of the application (Declaration No.10), Service Tax Registration is not required to be submitted. In such cases, RCMC from EPC concerned will suffice).
‎(S.No. 2 amended by Public Notice No. 109(RE-2008)/2004-09, dated 17th November, 2008)

‎(3) Certificate from a Chartered Engineer in the format given in Appendix 32A certifying:

athe end use/nexus of machinery sought for import under EPCG Scheme in the pre production/production/post production activity of the exported goods/services (explaining the end use of machinery in detail); and/or

bthe essentiality of spare parts sought for import and its required quantity for existing machinery manufacturing the goods to be exported/ machinery sought for import; and/or

ccomplete usage of equipments/goods sought for import under the EPCG Scheme for supply of service to overseas customers/ service consumers of any other country in India to earn free foreign exchange/supply of service in India relating to export paid in free foreign exchange.

(4) Statement of exports made/services rendered by the applicant firm during the preceding three licensing years duly certified by a Chartered Accountant / Cost and Works Accountant in the format given in Appendix 26 as applicable.

a.In case of import of spares for existing plant and machinery, a list of plant/machinery imported and already installed in the factory/premises of the applicant firm/supporting manufacturer for which the spares are required, duly certified by a Chartered Engineer or jurisdictional Central Excise authority

b.In case of EPCG applications made by EOU/SEZ units, a self certified copy of the `No Objection Certificate’ from the Development Commissioner concerned showing the details of the capital goods imported/indigenously procured by the applicant firm, its value at the time of import/sourcing and the depreciated value for the purpose of assessment of duty under the Scheme is to be submitted.

(5) Copy of previous EPCG Authorisation (in case application is made under EPCG Technological Upgradation

Scheme).

(6) In case of import of restricted capital goods under ITC(HS) a self certified copy of the recommendation letter by the Sponsoring authority.( To be enclosed in case the same has already been obtained)

5.For example, if the application is in Financial Year 2008-09, then details may be given for 2004-05 and onwards.