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Chairman's Desk
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SHRI SATISH W. WAGH |
Chairman, CHEMEXCIL |
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Dear Member-Exporters,
I have pleasure to bring to you the 22ndissue of the CHEMEXCIL e-Bulletin for the month of February 2018, which contains the following activities undertaken by the Council and other useful information/EXIM Notifications, etc.
- Chemexcil Interactive meeting with M/s. Lakshmikumaran&Sridharan (L & S) Attorneys on E-way Bill System/ Union Budget 2018-19
- CAPINDIA 2018 Promotional Roadshow, Vapi
- CAPINDIA 2018 Road show, Mumbai
- Workshop on "Process Safety Management in Chemical Industry” 16th February 2018, Bhiwadi
I am pleased to inform you that after two successful editions, CAPINDIA 2018, an initiative of the Department of Commerce, Government of India is being organized to once again promote India as a reliable and leading competitive source for Chemicals, Plastics, Construction, Mining and Allied Products. This is being organized in collaboration with Plastics Export Promotion Council (PLEXCONCIL), Basic Chemicals, Cosmetics and Dyes Export Promotion Council (CHEMEXCIL), Chemicals & Allied Products Export Promotion Council (CAPEXIL) and Shellac and Forest Products Export Promotion Council (SHEFEXIL), and is scheduled from March 22 nd -24th, 2018 at Bombay Exhibition Centre, Mumbai. Plexconcil will be the lead Council for organizing thisexhibition.
There will be 700 exhibitors comprising of manufacturer- exporters of chemicals, plastics, Mining chemicals and allied products and we are planning to invite more than 400 foreign buyers from different parts of the world. All the respective Councils have started correspondence with Indian Missions and in the process of inviting foreign buyers for this event. As a Chemexcil member, I believe your participation will add much value to the show in terms of showcasing the capabilities and advancement of Indian industries for Chemicals. I request all members to actively participate in thisevent and make this event a grand success.
I hope that you would find the newsletter informative and useful. The Secretariat looks forward to receiving your valuable feedback and suggestions so as to enable us to improve this e-bulletin further.
With Regards,
SHRI SATISH W. WAGH
CHAIRMAN,
CHEMEXCIL
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Chemexcil Interactive meeting with M/s. Lakshmikumaran &Sridharan (L & S) Attorneys on E-way Bill System/ Union Budget 2018-19
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Mr. Joshua Ebenezer, Director- Laxmikumaran & Sridharan Attorneys (L&S) being welcomed during interactive meeting on e-way Bill System/ Customs Amendments (Union Budget 2018-19) on 08.02.2018 at Chemexcil |
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Presentation by Laxmikumaran & Sridharan Attorneys (L&S) during interactive meeting on e-way Bill System and Customs Amendments (in Union Budget 2018-19) on 08.02.2018 at Chemexcil Office Mumbai |
E-WAY BILL system for inter-state movements became mandatory w.e.f 1st Feb 2018. However, due to technical glitches, the same has been postponed and currently being run on trial basis till further notification by the government. Since there were concerns amongst the members about e-way bill system, as a service to the members, the council had organised an interactive meeting with experts from M/s. Lakshmikumaran & Sridharan (L & S) Attorneys in Conference room of Chemexcil Mumbai office on 8th February-2018 between 3.00pm to 6.00 pm. M/s. Lakshmikumaran & Sridharan (L & S) Attorneys made a presentation on the subject and also addressed queries. Besides, as the Union budget has also been announced recently, L&S Attorneys also briefly touched Union Budget 2018-19 (Customs amendments).
The session was conducted by Mr Joshua Ebenezer, Director, L&S Attorneys, Advocate Mr Ratan Jain, Joint Partner, L&S Attorneys, Advocate Mr NiravKaria, Principal Associate, L&S Attorneys, Mr. Chaitanya Bhatt, Principal Associate, L&S Attorneys
From the council, the session was attended by Mr. Deepak Gupta, DyDirector and Mr. PrafullaWalhe, Deputy Director.
Advocate Mr NiravKaria- covered the important topic of e-way bill system and made a comprehensive presentation on the topic which was customised based on their expertise and FAQ’s. He explained in detail the circumstances/ situations under which e-way bill is needed or not needed and also by whom, the penalties etc. Mr. Karia particularly advised the participants that in future, companies should fix the onus of e-way bill in the business/ supply contract itself so that there is no ambiguity on who will generate the same.
Mr Joshua Ebenezer & Advocate Mr Ratan Jain- covered the recent Customs (amendments) in the Union-Budget 2018-19 to align certain provisions with the commitments under the Trade Facilitation Agreement and smoothen dispute resolution processes and to reduce litigation, certain amendments are being made, to provide for pre-notice consultation, definite timelines for adjudication and deemed closure of cases if those timelines are not adhered to. They also explained in brief the changes made in duty treatment pertaining to High seas sales and Ex-Bond B/E. The interactive meeting received good response with around 35 members attending the session from reputed companies like Godrej Inds, Tata Chemicals, Atul Ltd, Jayant Agro, Lanxess, I-Chess, Ultra Chemicals, Godavari Bio- Refineries, EmcoDystuffs etc.
Member’s interacted with the speakers and were satisfied with the information provided to them.
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CAPINDIA 2018 Promotional Roadshow, Vapi
The Council, had organised a seminar/roadshow in Vapi on 16th February-2018 at Hotel Fortune Park Galaxy, Daffodil Hall, N H-8, G.I.D.C, Vapi, Gujarat 396195 to disseminate information on the CAPINDIA 2018 Exhibition.
Along with CAPINDIA roadshow we also organised an interactive meeting cum seminar on the topic “Challenging issues under GST, E-Way Bill, Treatment of HR policy-related issues being with the law firm M/s. Lakshmikumaran & Sridharan (L&S) Attorneys
E- Way bill and Challenging issues under GST there are concerns amongst the members about the operation, procedures, etc. Members got an opportunity to interact with M/s. Lakshmikumaran& Sridharan (L&S) Attorneys and clear their related queries about the topics.
From council Mr. PrafullaWalhe Dy. Director, Mr. S.G. Bharadi, Executive Director attended the program.
Shri S.G. Bharadi , Executive Director Chemexcil welcomed the gathering and informed them about CAPINDIA 2018 event and showed CAPINDIA 2018 film to participants requested them to participate in this event.
The interactive meeting cum roadshow received good response with over 75 members attending the session. Member’s interacted with the speakers and were satisfied with the information provided to them. The interactive meeting ended with thanks to the participants followed by Tea.
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Shri S.G. Bharadi, Executive Director, Chemexcil along with Mr. Anish Tripathi, Director Lakshmikumaran & Sridharan attorneys welcoming the gathering of participants during CAPINDIA 2018 Vapi Roadshow |
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CAPINDIA 2018 Road show, Mumbai
CHEMEXCIL jointly with PLEXCONCIL, CAPEXIL and SHEFEXIL had organised a Roadshow in Mumbai on 21st February 2018 at HYATT REGENCY MUMBAI, Sahar Airport Road, Andheri East , Mumbai – 400 099 (Phone:022-6696 1424) to disseminate information on the CAPINDIA 2018 Exhibition. Along with CAPINDIA 2018 Roadshow, Council had also organised programmes on NiryatBandhu "Foreign Trade Policy, GST & Exports, FTA. From 03-00 p.m. to 6:00 p.m.
The programme was addressed by Shri. A. K. Jha, Joint DGFT – Mumbai and presentation on "Foreign Trade Policy, GST & Exports, FTA" was made by Shri Prakash Kamble , Assistant DGFT, Mumbai.
Shri. Ashok Basak, Chairman of PLEXCONCIL, Mr. Satish Wagh, Chairman, Chemexcil,
Mr. SribashDasmohapatra, Exe. Director, Plexconcil, Mr. S.G. Bharadi, Exe. Director, Chemexcil , Ms. Debjani Roy, ED, Shefexil, Mr. V.R. Chitalia, Director, Capexcil, were present during the Roadshow on CAPINDIA 2018
Around 50 participants attended the roadshow.Mr. Satish Wagh Chairman, Chemexcil in his welcome address, welcomed the dignitaries on the Dias and audience stating the information about the Roadshow and seminar.
The PRESS and MEDIA had a happy and satisfactory interaction with the spokesperson and they look forward to be in touch with the spokes people and CAP INDIA Exhibition.
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MR. SATISH WAGH, CHAIRMAN, CHEMEXCIL ADDRESSING MEDIA DURING ROAD SHOW |
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Workshop on "Process Safety Management in Chemical Industry" 16th February 2018, Bhiwadi
Indian Chemical Industry (ICC) in association with CHEMEXCIL organized a one day workshop on “Process Safety Management in Chemical Industries” on 16th February 2018 at Bhiwadi, Distt. Alwar, Rajasthan to enhance competency levels among industry personnel on Process Safety Management System & technologies, their effective implementation and monitoring.
“Process Safety Management (PSM) is a proactive and systematic approach for identification, evaluation, mitigation, prevention and control of hazards that could occur as a result of failures in process, procedures, or equipment. Increasing industrial accidents, loss of life & property, public scrutiny, statutory requirements, aging facilities and intense industrial processes, all contribute to a growing need for cost-effective Process Safety Management (PSM) Program to ensure safety and risk management.
During the workshop, Presentations were given by eminent speakers from the industry/consultants on PSM and Responsible Care in Chemical Sector. Dr. J P Tiwari, Regional Director, CHEMEXCIL participated in this workshop and gave presentation highlighting activities of CHEMEXCIL and promoting CAPINDIA Exhibition. Participants were requested for taking membership of our Council and to consider participation in CAPINDIA Exhibition. The workshop got excellent response with participation of nearly 40 delegates from the industry.
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Dr. Tiwari Regional Director Chemexcil Inaugurating the Workshop on "Process Safety Management in Chemical Industries" on 16th February 2018 at Bhiwadi. |
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IGST Refunds : Designated officers for IGST refund on export in Invoice mis-match Cases- SBS005 (Alternative Mechanism with Officer Interface)
EPC/LIC/IGST_REFUNDs_SBS005 |
27/02/2018
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TO ALL THE MEMBERS OF COUNCIL
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IGST Refunds : Designated officers for IGST refund on export in Invoice mis-match Cases- SBS005 (Alternative Mechanism with Officer Interface) |
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Dear Members,
This in continuation of our mailer dated 24/02/2018 informing you about CBEC circular No. 05/2018-Customs dated 23/02/2018 pertaining to alternative Mechanism for refund of IGST on export in case of invoice-Mismatch Cases (SBS005). This procedure is available only for Shipping Bills filed till 31st December 2017.
As per the alternative mechanism, there will be an officer interface on the Customs EDI System through which a Customs officer can verify the information furnished in GSTN and Customs EDI system and sanction refund in those cases where invoice details provided in GSTR 1/ Table 6A are correct though the said details provided in the shipping bill were at variance.
In this regard, the concerned exporters shall provide a concordance table indicating mapping between GST invoices and corresponding Shipping Bill invoices, as annexed in above circular in support of the refund claim to the designated officer in the respective Custom house. A scanned copy of concordance table may also be sent to dedicated email address of Customs location from where exports took place.
Members having cases of error code i.e. SBS005 are requested to take note of the same and do the needful.In case you are not aware of the error code, please use IGST validation detail inquiry facility on ICEGATE for checking the same or visit the portals of concerned custom Houses. As per JNCH Public Notice No. 29/2018, the list of IECs and the shipping bills where invoice mis-match exists is being made available on the http://www.jawaharcustoms.gov.in/index1.php .
Designated Officer For Alternative Mechanism (JNCH, Nhava Sheva)
The Jawaharlal Nehru Custom House, Nhava Sheva has issued Public Notice no. 29/2018 dated 26.02.2018 providing following details of designated officer whom the concerned exporters have to mail the prescribed concordance table indicating mapping between GST invoices and corresponding shipping bill invoices in support of the refund claim:
Deputy Commissioner of Customs
Drawback
NS-II, JNCH
e-mail: igstrefundjnch@gmail.com
Tel: 022-27244708/27243039
Kindly also note that as per PN, Exporters and their CHA’s are not required to visit JNCH for this purpose. However, difficulties, if any, may be brought to the notice of Deputy Commissioner of Customs, Drawback, NS-II, JNCH at A-403, 4th Floor, JNCH, Nhava Sheva. Phone no. 022-27244708/27243039.
The JNCH PN 29/2018 dated 26/02/2018 is available for download using below link-
http://164.100.155.199/pdf/PN-2018/PN_029.pdf
Regarding other Customs Houses/ Ports, we shall update you about the designated officers details in the due course once available.Concerned exporters may also arrange to check through their CHA’s/ or visit the portals of some of the other custom houses using below links:
http://ahmedabadcustoms.gov.in/en/index.html
http://mundracustoms.gov.in/
http://www.kolkatacustoms.gov.in/
http://delhicustoms.gov.in/
http://accmumbai.gov.in/aircargo/index.html
http://www.chennaicustoms.gov.in/chennaicustoms/c1.php
Persistent issues, if any, may also be highlighted to the council on ed@chemexcil.gov.in & deepak.gupta@chemexcil.gov.in .
Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL
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Very Imp : Alternative Mechanism for refund of IGST on export in case of invoice- Mismatch Cases (SBS005)
EPC/LIC/IGST_REFUNDs |
24th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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Very Imp : Alternative Mechanism for refund of IGST on export in case of invoice- Mismatch Cases (SBS005) |
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Dear Members,
As you are aware, IGST refunds in many cases have been delayed due to matching errors and limitations on corrective action to be taken.
The major errors that are committed by the exporters are-
(a) incorrect Shipping bill numbers in GSTR 1
(b) GSTIN declared in the shipping bill does not match with the GSTIN used to file the corresponding GST Returns
(c) the most common error hampering refund is due to mismatch of invoice number, taxable value and IGST paid in the Shipping Bill vis-à-vis the same details mentioned in GSTR 1 / Table 6A which is the most common error hampering refund.
(d) Another reason attributable to carriers is the non-filing or incorrect filing of electronic Export General Manifest (EGM).
In this regard CBEC has issued circular no Circular No. 05/2018-Customs dated 23/02/2018 with alternative mechanism to rectify various errors including the most common error (SBS005).
Alternative Mechanism for rectification of Invoice Mis-match error (SBS005)
Recognizing that invoice mis-match has been the major reason why the refunds have been held, it has been decided to provide an alternative mechanism to give exporters an opportunity to rectify such errors committed in the initial stages.
This envisages an officer interface on the Customs EDI System through which a Customs officer can verify the information furnished in GSTN and Customs EDI system and sanction refund in those cases where invoice details provided in GSTR 1/ Table 6A are correct though the said details provided in the shipping bill were at variance.
It is pertinent to note that refund claims would be processed in only those cases where the error code is mentioned as SB005. Further, it may also be noted that all refunds shall continue to be credited electronically through the PFMS system, and no manual payment / cheque should be issued. The procedure for processing of IGST refund claims in these cases would be as follows:
- The exporter shall provide a concordance table indicating mapping between GST invoices and corresponding Shipping Bill invoices, as annexed in support of the refund claim to the designated officer in the Custom house. A scanned copy of concordance table may also be sent to dedicated email address of Customs location from where exports took place. The format of concordance table is annexed with this circular.
- Customs EDI system shall display list of all the invoices pertaining to such SBs vis-a-vis the invoice data received from GSTN. The officer shall verify the following:
i. Duly certified concordance table submitted by the exporter as per Annexure A indicating mapping between GST invoice and corresponding Shipping Bill invoice;
ii. IGST taxable value and IGST amount declared in the Shipping Bill.
iii. IGST details declared in the Shipping Bill should be in proportion to the goods actually exported.
- After determining the correct refund amount, the officer need to enter the same into the Customs EDI system. The officer has the facility to edit the IGST paid details in case of short shipment or incorrect calculation by the exporter. The officer shall complete the verification by accepting or rejecting or amending the same.
- Once all the invoices pertaining to Shipping Bill are verified by the officer, the system shall calculate the scroll amount against a shipping bill, after subtracting the drawback amount for each invoice where applicable, and display the refund amount to the officer for approval.
- Invoices in any particular GSTR 1 where refund is sanctioned shall be disabled in the system to prevent refund against same invoice in future.
- Once refund is sanctioned by the officer, the shipping bills would be available for generating scroll as per normal process.
- This procedure is available only for Shipping Bills filed till 31st December 2017.
- All Chief Commissioners are requested to issue Public Notice and Standing Orders, in this regard.
Members are requested to take note of the same and do the needful through your relevant Port/ customs house, if your refunds are stuck due to Invoice mismatch error. The original circular no Circular No. 05/2018-Customs dated 23/02/2018 is available for download using below link-
http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2018/circ05-2018cs.pdf;jsessionid=4354E3AF1AAA006EEE337B833BA26A03
Issues if any may be highlighted to the council on ed@chemexcil.gov.in & deepak.gupta@chemexcil.gov.in
Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL
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GST Portal : Advisory to Taxpayers on Improved GSTR-3B Return Filing Process
EPC/LIC/GSTR-3B |
24th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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GST Portal : Advisory to Taxpayers on Improved GSTR-3B Return Filing Process |
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Dear Members,
As per updates on GST Portal (www.gst.gov.in), an improved GSTR-3B Return Filing Processhas been made available for the taxpayers.
The features of the improved GSTR-3B are as follows:
Filing of GSTR 3B Return made easier and user friendly.
Optimum utilization of ITC is displayed by System, which however can be edited.
The amount to be paid in cash after taking into account ITC, gets displayed.
One click Challan preparation to avoid payment of tax under wrong heads.
Further details of above features are available in the advisory issued by the GST Portal which can be accessed using below link:
https://www.gst.gov.in/newsandupdates/read/184
Members are requested to take note of this new utility and do the needful accordingly. You may also send feed-back, if any, on our e-mail id’s- deepak.gupta@chemexcil.gov.in & kalpana.acct@chemexcil.gov.in .
Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
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IGST Refund FAQs (issued by CBEC)
EPC/LIC/IGST_REFUND_FAQ’s |
23rd Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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IGST Refund FAQs (issued by CBEC) |
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Dear Members,
The Council is getting lot of queries from the members regarding IGST refund delays due to matching errors/ corrective action to be taken. Some of these queries are also regularly put forth by council to CBEC/ GSTN for redressal and further clarity.
Taking note of the issues faced by the trade/ industry, Central Board of Excise and Customs (CBEC) has issued FAQ’s on IGST Refunds on Goods Exported out of India.
The latest release covers various response codes/ errors (SBS001, SBS002, SBS003, SBS004, SBS005, SBS006) and provides suggestions on rectification in an easy to understand manner.
In case your IGST refunds are stuck due to errors, please refer to the latest FAQ’s issued by CBEC and do the needful. The link for the same available on JNCH portal and also provided below for download:
http://164.100.155.199/pdf/IGST_REFUND_FAQ.pdf
Persistent Queries/ Issues may be put forth to the new Grievance Redressal Portal (https://selfservice.gstsystem.in). The same may also be highlighted to the council on ed@chemexcil.gov.in & deepak.gupta@chemexcil.gov.in .
Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL
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DGFT : Further amendments in ANF 4F & 4G of Handbook of Procedures 2015-20 Option to submit self-certified Exporter Copy of shipping bill in Original
EPC/LIC/DGFT/EP_Copy |
23rd Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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DGFT : Further amendments in ANF 4F & 4G of Handbook of Procedures 2015-20 Option to submit self-certified Exporter Copy of shipping bill in Original |
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Dear Members,
The council has informed you recently that O/o DGFT, New Delhi had issued Public Notice no. 52/2015-2020 dated 12/01/2018 regarding amendments in Ayat Niryat Forms (ANF) 4A, 4E, 4F, 4G, 4H & 4I of Handbook of Procedures 2015-2020. As per the amendments, exporters had the option to submit Exporter Copy of shipping bill in original duly signed by the Customs authority concerned in lieu of EP copy of shipping bill for EODC. However, concerns were raised by the trade as the exporters copy was to be signed by the customs authority.
Taking note of the concerns, O/o DGFT, New Delhi has now issued Public Notice no. 63/2015-2020 dated 22/02/2018 wherein further amendment has been made in ANF 4F (Guidelines) used for EODC/ Redemption of Advance Authorisation.
As per the latest amendment, “Wherever printouts of EP Copy of shipping bill is not provided to exporters by Customs Authorities in terms of Circular No-55/2016-Customs dated 23.11.2016, applicant will have option to submit self-certified Exporter Copy of shipping bill in original”
Members availing the Advance Authorisation/ DFIA scheme are requested to take note and avail this relaxation. The said Public Notice is available for download using below link-
PUBLIC NOTICE NO. |
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63/2015-2020 |
22.02.2018 |
Amendments in ANF 4F & 4G of Handbook of Procedures 2015-20. |
http://dgft.gov.in/Exim/2000/PN/PN17/PN%2063%20eng.pdf
Thanking You,
Yours faithfully,
(S. G. BHARADI)
EXECUTIVE DIRECTOR
CHEMEXCIL
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DGFT : Further amendments in ANF 4F & 4G of Handbook of Procedures 2015-20 Option to submit self-certified Exporter Copy of shipping bill in Original
EPC/LIC/DGFT/EP_Copy |
23rd Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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DGFT : Further amendments in ANF 4F & 4G of Handbook of Procedures 2015-20 Option to submit self-certified Exporter Copy of shipping bill in Original |
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Dear Members,
The council has informed you recently that O/o DGFT, New Delhi had issued Public Notice no. 52/2015-2020 dated 12/01/2018 regarding amendments in Ayat Niryat Forms (ANF) 4A, 4E, 4F, 4G, 4H & 4I of Handbook of Procedures 2015-2020. As per the amendments, exporters had the option to submit Exporter Copy of shipping bill in original duly signed by the Customs authority concerned in lieu of EP copy of shipping bill for EODC. However, concerns were raised by the trade as the exporters copy was to be signed by the customs authority.
Taking note of the concerns, O/o DGFT, New Delhi has now issued Public Notice no. 63/2015-2020 dated 22/02/2018 wherein further amendment has been made in ANF 4F (Guidelines) used for EODC/ Redemption of Advance Authorisation.
As per the latest amendment, “Wherever printouts of EP Copy of shipping bill is not provided to exporters by Customs Authorities in terms of Circular No-55/2016-Customs dated 23.11.2016, applicant will have option to submit self-certified Exporter Copy of shipping bill in original”
Members availing the Advance Authorisation/ DFIA scheme are requested to take note and avail this relaxation. The said Public Notice is available for download using below link-
PUBLIC NOTICE NO. |
DATE |
SUBJECT |
63/2015-2020 |
22.02.2018 |
Amendments in ANF 4F & 4G of Handbook of Procedures 2015-20. |
http://dgft.gov.in/Exim/2000/PN/PN17/PN%2063%20eng.pdf
Thanking You,
Yours faithfully,
(S. G. BHARADI)
EXECUTIVE DIRECTOR
CHEMEXCIL
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MEIS : Information on details of shipping bills in cases where exporters who have inadvertently ticked `N`(for No) instead of Y``(for Yes) in "Reward" column of shipping bills while filing the EDI shipping bills, but have declared the intent in the affirmative (in wording) in the shipping bill
EPC/LIC/MEIS |
22nd Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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MEIS : Information on details of shipping bills in cases where exporters who have inadvertently ticked `N`(for No) instead of Y``(for Yes) in "Reward" column of shipping bills while filing the EDI shipping bills, but have declared the intent in the affirmative (in wording) in the shipping bill |
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Dear Members,
As you are aware, there are many cases of MEIS Claims wherein exporters/CHA’s have inadvertently ticked "N' (for No) instead of "Y' (for Yes) in the "Reward" column of shipping bills while filing the EDI shipping bills, but have declared the intent in the affirmative (in wordings) on the shipping bills.
However, such MEIS claims have been denied. The council has also sent representations to DGFT HQ seeking extension of benefit of Merchandise Exports from India Scheme (MEIS) to such cases/ shipping bills.
In order to gauge the problem and the financial implications O/o DGFT New Delhi has issued Trade Notice No. 24/2018 dated 21/02/2018 wherein following information is sought for considering the matter:
- It is requested that the exporters who have shipping bills which got ticked "N' (for No) instead of "Y' (for Yes) in "Reward" column of shipping bills while filing the EDI shipping bills, but have declared the intent in the affirmative (in wordings) on the shipping bills may send the details in excel format as in the table below by 31.03.2018 at the mail address: lokesh.hd@nic.in
- While sending the details it may please be noted that the shipping bills which had a Let Export date from 01.10.2015 to 31.03.2016 only should be included. Also, shipping bills in which declaration of intent has been allowed by customs authorities later, by manual amendment or otherwise should be excluded from the table below.
Name of the Firm |
IEC |
Shipping Bill
Number |
Let Export date |
Port of Export |
FOB value as per shipping bill |
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Members are requested to use this opportunity of resolving the issue by providing information in the specified format at the earliest. The information sought be sent DGFT e-mail id- lokesh.hd@nic.in under copy to the council id- deepak.gupta@chemexcil.gov.in & balani.lic@chemexcil.gov.in for records and future follow-ups.
The original Trade Notice is available for download using below link-
http://dgft.gov.in/Exim/2000/TN/TN17/trade%20notice.pdf
Thanking You,
Yours faithfully,
(S.G. Bharadi)
Executive Director
CHEMEXCIL
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JNCH - Importation of Insecticides/Pesticides on the basis of NOC’s issued by CIB&RC long back under the Insecticide Act, 1968
EPC/LIC/JNCH |
20th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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JNCH - Importation of Insecticides/Pesticides on the basis of NOC’s issued by CIB&RC long back under the Insecticide Act, 1968 |
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Dear Members,
We draw your attention to the Public Notice No. 26/2018 dated 15/02/2018 issued by the Jawaharlal Nehru Customs House, Nhava Sheva regarding importation of Insecticides/Pesticides on the basis of NOC’s issued by CIB&RC long back under the Insecticide Act, 1968.
As per above JNCH PN, attention of all Importers, is invited towards Public Notice dated 22.01.2018 issued by the Central Insecticide Board & Registration Committee (CIB&RC) on the issue related to the ‘No Objection Certificates’ issued by them long back for the substances/Chemicals listed in the Schedule to the Insecticide Act, 1968 and Insecticide Rules, 1971.
It was informed vide the above referred (CIB&RC) Public Notice that the issue was deliberated in the 379th meeting of the Registration Committee and following decision was made. The Committee deliberated the agenda in detail and found following discrepancies in the ‘No Objection Certificates’ (NOC) issued by CIB&RC long back-:
- That the NOC’s were open ended and did not contain any date of validity.
- That the source of import was not mentioned on these NOC’s, thus, enabling importer to bring any kind of pesticides from un-approved source.
- Some of the NOC’s also bear name of such pesticides which are either not registered in India or are in withdrawn/banned category.
- In view of above, it was decided that, henceforth, import of pesticides made on the basis of such NOC’s shall not be considered and no clarification to Customs Authority shall be furnished by CIB&RC for the consignment imported on the basis of such NOC’s. Registration Committee also directed Secretariat of CIB&RC to issue a Public Notice in that regard and to inform the Customs Authorities not to permit any imports of pesticides or products containing pesticides on the basis of NOC’s.
- It was also informed that this should be enforced with immediate effect, however, the consignments imported on the basis of such NOC’s but in transit or having Bill of Lading on or before the date of issue of Public Notice i.e. 22.01.2018 will be permitted.
In view of above, JNCH has advised importers to obtain fresh Registration/Import Permit from the CIB&RC under Insecticide Act, 1968 containing (i) date of validity and (ii) details of the source of import and produce the same to Customs for the clearance of such goods before any import takes place or goods arrive at port.
Members importing Insecticides/Pesticides are therefore requested to take note and do the needful accordingly. The JNCH (Nhava Sheva) Public notice and (CIB&RC) Public Notice are available for download using below links-
http://164.100.155.199/pdf/PN-2018/PN_026.pdf (JNCH PN)
http://cibrc.nic.in/PublicNotice_23JAN2018.pdf (CIB&RC PN)
Issues, if any, may be highlighted to the council on ed@chemexcil.gov.in & deepak.gupta@chemexcil.gov.in .
Thanking You,
Yours faithfully,
(S. G. BHARADI)
Executive Director
CHEMEXCIL
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BACK
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Inputs for India- Canada CEPA
EPC/LIC/FTA-CANADA |
20th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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Inputs for India- Canada CEPA |
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Dear Members,
Kindly note that India and Canada are negotiating a Comprehensive Economic Partnership Agreement (CEPA) to increase bilateral trade and Ten rounds of negotiations have been held so far.
We have to now firm up our position on tariff concessions that could be offered to Canada and also the concessions to be sought from Canada, Tariff line wise.
In this regard, Council has received communication from the Department of Chemicals & Petrochemicals & FT-NAFTA (DOC), to finalise items of Export/ Import interest (8 digit HS Code Wise) related to products under Chapters 28-38.
Members are kindly requested to revert with the requested inputs, if any, by 23/02/2018 on our e-mail ids- deepak.gupta@chemexcil.gov.in & kalpana.acct@chemexcil.gov.in .
Your timely replies will be appreciated.
Thanking You,
Yours faithfully,
S.G. BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
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BACK
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India-EAEU Trade Agreement on Goods
EPC/LIC/FTA-EAEU |
20th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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India-EAEU Trade Agreement on Goods |
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Dear Members,
As you are aware, Department of commerce is working on the proposed FTA with EAEU region comprising of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia.
In this regard, we have received communication from Department of Chemicals & Petrochemicals that the Department of Commerce is in the process of finalization of broad framework on rules of origin for the proposed India-Eurasian Economic Union (EAEU) trade agreement.
In this context, some trade issues in goods would be discussed on the proposed engagement with the EAEU . These issues are as follows:
Direct purchase rule (which mandates that only a resident company registered in the exporting party can export under the FTA).
A horizontal rule of origin (which in EAEUs preference should be a CTC or value addition criteria).
Products of India's export interest to the EAEU.
Members are kindly requested to revert with the requested inputs, if any, by 26/02/2018 on our e-mail ids- deepak.gupta@chemexcil.gov.in & info@chemexcil.gov.in .
Your timely replies will be appreciated.
Thanking You,
Yours faithfully,
S.G. BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
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BACK
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MEIS - Important directives for processing of application for MEIS claims under Foreign Trade Policy 2015-20
EPC/LIC/MEIS |
19th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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MEIS - Important directives for processing of application for MEIS claims under Foreign Trade Policy 2015-20 |
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Dear Members,
Delays in issuance of MEIS scrip due to mismatch in description of items in Shipping Bill vis-à-vis MEIS schedule has been a long-standing issue for exporters. In this regard, council has also regularly sent representations to O/o DGFT HQ, New Delhi for amendments in such item codes (specially falling in “others” category).
Taking cognizance of the issues faced by the trade & industry, the O/o DGFT New Delhi has issued Public Notice no. 62/2015-2020 dated 16/02/2018 givingImportant directives for processing of application for MEIS claims under Foreign Trade Policy 2015-20. This will allow processing of MEIS claims for majority of items based only on ITC HS code mentioned in Shipping Bill.
For the sake of convenience of the members, the important points of the above-said PN are reproduced/ highlighted as follows:
Ø Except for the ITC(HS) Codes specified in Annexure to this Public Notice, for all other notified ITC(HS) Codes in Table 2 of Appendix 3B of HBP, Regional Authority (RA) shall process applications for MEIS claim only on the basis of ITC (HS) Code as specified in the Shipping bill. In respect of the ITC (HS) Codes specified in Annexure to this Public notice, Regional Authority (RA) shall continue to process the applications for MEIS claim after matching the description as well in the Shipping Bill with Export Product Description in Table 2 of Appendix 3B. The list of ITC(HS) Codes in the Annexure to this Public Notice is likely to change from time to time.
As far as chemical sector items are concerned very few items are kept out of this relaxation (HS Code. 33019031, 33074900, 38085900 etc).
Ø TheDirectives in this Public Notice shall be followed for all applications which have not been finalized (finalized would mean that either the Scrip has been granted or applications in which DGFT HQs or the RAs have already rejected a claim) as on date of issue of this Public Notice. Thus, past cases which have been decided will not be re- assessed based on the Directives in this Public Notice.
The above said PN no. 62 is available for download using below link-
PUBLIC NOTICE NO. |
DATE |
SUBJECT |
62/2015-2020 |
16.02.2018 |
Directives for processing of application for MEIS claims under Foreign Trade Policy 2015-20 |
http://dgft.gov.in/Exim/2000/PN/PN17/PN%2062%20english.pdf
Members are requested to take note of this relaxation/ directive and pursue with the concerned DGFT RA, in case your MEIS claim is pending due to description mismatch. In case of persistent issues, please write to the council on e-mail id- deepak.gupta@chemexcil.gov.in & balani.lic@chemexcil.gov.in.
Thanking You,
Yours faithfully,
(S.G. Bharadi)
Executive Director
CHEMEXCIL
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BACK
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Reminder - IGST Refund - GST Portal Advisory to the Exporters filing for IGST Refund Guide on IGST Refund Module/ Step By Step Procedure
EPC/LIC/IGST_REFUNDS |
16/02/2018
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TO ALL THE MEMBERS OF COUNCIL
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Reminder - IGST Refund - GST Portal Advisory to the Exporters filing for IGST Refund Guide on IGST Refund Module/ Step By Step Procedure |
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Dear Members,
The Council is regularly getting queries from the exporters regarding delays in refund/ correction action for refunds despite council’s several mailers with FAQ’s/ IGST refund guide etc.
Kindly note that as per latest updates on GST Portal (www.gst.gov.in), two advisories have been uploaded for creating awareness amongst the exporters to ensure speedy refunds.
For the sake of convenience, the contents of the advisories are reproduced as follows:
Advisory to the Exporters for Refund of IGST Paid on Export of Goods:
1. File FORM GSTR 1 for the corresponding tax period.
2. Fill complete and correct data of export of goods in Table 6A of FORM GSTR 1 of the relevant tax period.
3. Pay your tax and File FORM GSTR 3B return for the corresponding tax period.
4. While filing GSTR 3B Return for the said tax period, please make sure that that table 3.1 (b) of Form GSTR 3B is filled correctly and the amount shown in this should be equal to or more than the amount of IGST in table 6A, and table 6B (Supply to SEZ),of GSTR1.
Advisory for exporters on correctly filing Table 3.1(b) of GSTR 3B:
While filing GSTR 3B Return for the said tax period, please make sure that that table 3.1 (b) of Form GSTR 3B is filled correctly.
1. GSTR-3B of corresponding return period must be filed.
2. The IGST amount paid should be shown through Table 3.1(b) of FORM GSTR-3B, and the amount must be equal to or greater than the total IGST amount shown in Table 6A, and Table 6B, of GSTR-1 for the corresponding tax period.
3. NONE of the export invoices filed in Table 6A of GSTR-1, of the corresponding return period, shall get transmitted to ICEGATE if correct IGST amount is not filed in Table 3.1(b) of GSTR-3B. Hence the refund of IGST amount paid on exports will be impacted.
https://www.gst.gov.in/newsandupdates/read/178
Advisory to Exporters for filing Table 6A of GSTR-1:
(a)To ensure that the GST System transmits the export invoice data, in case of export of goods with payment of IGST, to ICEGATE for refund, Exporters need to provide Complete and Correct Data while filing Table 6A of GSTR-1:
Invoice No. and Date (Tax invoice and not commercial invoice).
Select from drop down list (WPAY- with payment of tax)/WOPAY-without payment of tax.
Shipping Bill No. & Date.
Please note, if you are using offline tool for GSTR 1, the date format is dd-mmm-yyyy e.g. 15th July 2017 will be written as 15-Jul-2017 and not like 15/07/2017.
Six Digit Port Code should be mentioned correctly.
Invoice Value: It is the total value of export goods covered by the invoice including of tax and other charges, if any.
Taxable Value: It is the value of goods, on which tax is paid. (Value net of tax).
Tax Paid IGST, only in case, where the export is done on payment of IGST.
(b)To ensure that the GST System transmits the export invoice data, in case of export of goods with payment of IGST, to ICEGATE for refund, Exporters need to maintain consistencies between data provided at GST Portal and ICEGATE Portal while filing Table 6A of GTSR-1. Invoice details specified under Table 6A of GSTR-1 should match with what is mentioned in the Shipping bills at ICEGATE. Please note that the invoice value data should match with that shown in shipping Bill.
(c)To ensure that the GST System transmits the export invoice data, in case of export of goods with payment of IGST, to ICEGATE for refund, Exporters should make payment of Tax and File Return:
File Form GSTR-3B of corresponding period.
In case of export of goods, the IGST amount paid should be shown through Table 3.1(b) of GSTR-3B and amount must be equal to or greater than the total IGST amount shown in Table 6A, and Table 6B, of GSTR-1 for the corresponding tax period.
https://www.gst.gov.in/newsandupdates/read/179
Members are requested to take note of above updates and do the needful accordingly for speedy processing of IGST refunds. The advisories are available on GST Portal using urls provided above.
Guide on IGST Refund Module/ Step By Step Procedure
In case your shipping bill is stuck due to errors, then regarding queries onvarious response/ error codes (SBS000, SBS001, SBS002, SBS003, SBS005, SBS006), please refer to IGST REFUND MODULE-STEP BY STEP PROCEDURE issued by CBEC. The link for the same has been sent earlier and is once again provided below for download:
http://164.100.155.199/pdf/GST_REFUND.pdf
Members are once again urged to take note of above advisories for IGST refunds/ IGST refund module guide in case of errors and do the needful accordingly.
Persistent Queries/ Issues, if any, be first put forth to the concerned authority using new Grievance Redressal Portal (https://selfservice.gstsystem.in). The same may also be highlighted to the council on ed@chemexcil.gov.in& deepak.gupta@chemexcil.gov.in.
Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL
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BACK
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Reminder - e-seals Mandatory implementation of e-sealing from 1st March 2018 ( as per CBEC Circular No. 51/2017-Customs 21/12/2017) Updated list of 13 e-seal vendors(as on 5th Jan 2018)
EPC/LIC/E_SEALING |
16th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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Reminder - e-seals Mandatory implementation of e-sealing from 1st March 2018 ( as per CBEC Circular No. 51/2017-Customs 21/12/2017) Updated list of 13 e-seal vendors(as on 5th Jan 2018) |
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Dear Members,
As you are aware, e-sealing for export containers was made voluntary till 1st March 2018 vide CBEC Circular No. 51/2017-Customs 21/12/2017 due to issues related to supply of e-seals etc.
Since the deadlines are approaching, for the sake of convenience of the members, we reproduce the important points of CBEC Circular No. 51/2017-Customs 21/12/2017 as follows:
All entitled Exporters who have acquired RFID e-seals and are stuffing containers at approved premises for export through Ports/ ICDs where facilities for readers are available shall be free to continue / adopt the new e-sealing procedure.Essentially, this implies that the procedure is voluntary for entitled exporters till 1st March 2018.
With effect from 1st March 2018e-sealing shall become mandatory in respect of the exporters, who have been permitted self-sealing facilities under the erstwhile exciseprocedure or GST regime, AEO exporters and exporters availing supervised stuffing at their premises for the following locations:
1. JNCH, Nhava Sheva (INNSA1)
2.Chennai Port (INMAA1)
3.Mundra Port (INMUN1)
4.Hazira Port (INHZA1)
5.Cochin Port (INCOK1)
6.Kattupalli, Port (INKAT1)
7.Kolkata Port (INCCU1)
8.ICD Tughlakabad (INTKD6)
9.Tuticorin Port (INTUT1)
10.Pipavav Port (INPAV1)
11.Vishakhapatnam Port (INVTZ1)
12.Krishnapatnam Port (INKRI1)
13.ICD Bangalore (INWFD6)
14.ICD Tirupur (INTUP6)
15.ICD Ludhiana (INLDH6)
e-sealing procedure for all Ports/ ICD’s other than above locations shall be mandatory w.e.f.1st April 2018.
It is once again clarified that the exporters who have already switched to new procedure may continue with new procedure and exporters who intend to voluntarily adopt new e-sealing procedure are free to do so, if the readers are in place at the Customs station of export. Exporters availing stuffing under officer supervision shall continue to do so till the date e-sealing mandatory at the port/ ICD from where they are exporting containers.
Finally, also please note that as per e-seal vendor details updated on CBEC portal vide F. No. 450/188/2017-Cus IV, now there are total 13 e-seal vendors w.e.f. 5th Jan 2018. The council had informed the members about this updated list.
Members are requested to kindly take note of the above timelines and do the needful accordingly. The above-said circular/ updated e-seal vendor list are available for download using below hyperlink-
http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2017/circ51-2017cs.pdf
http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2018/eSeals_vendor_details_05jan2018.pdf
Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
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BACK
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Anti-dumping Investigation by China on Ortho-Dichlorobenzene (ODCB) imported from India
EPC/LIC/ADD/ODCB |
14th FEBRUARY,2018
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TO ALL THE MEMBERS OF COUNCIL
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Anti-dumping Investigation by China on Ortho-Dichlorobenzene (ODCB) imported from India |
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Dear Members,
We have received intimation from Directorate General of Anti-Dumping (DGAD) that an Anti-Dumping Investigation has been initiated by Chinese Ministry of Commerce (MOFCOM) on the import of Ortho-Dichlorobenzene (ODCB) originating in India.
In accordance with the relevant provisions of the anti-dumping regulations of the People's Republic of China, MOFCOM has now issued the notice for questionnaire dated 13th Feb 2018. Earlier, on January 23, 2018, the Ministry of Commerce of People's Republic of China decided to launch anti-dumping investigation on ODCB imported from Japan and India
The investigation details are as under-
Product: Ortho Dichlorobenzene, 1,2-Dichlorobenzene, O-Dichlorobenzene
HS Code: It is listed under the Customs Import and Export Tariff of the People’s Republic of China and the tariff number is 29039110.
Please note that the last date of submission is March 22nd, 2018.
The exporter or producer should fill out the questionnaire of foreign exporters or producers as required. The date of issuing this notice is the date of distributing the questionnaire. The concerned parties should fill out the questionnaire as in the required time, and submit a complete and accurate answer.
Please also find attached below documents received from DGAD:
Notice on distributing questionnaire for the product ODCB (The unofficial translation in English attached). The notice (in Chinese) is available at the following Link: http://trb.mofcom.gov.cn/article/cs/201802/20180202712400.shtml.
The questionnaire for foreign exporters or producers is also enclosed (in Chinese)
You may also download the questionnaire from the website of Trade Remedy Investigation Bureau of the Ministry of Commerce (http://trb.mofcom.gov.cn). If there is any query, please contact following in MOFCOM:
Contact persons: Huang Dongfang, Dong Jing
Contact number: (010) 65198746, 85093403
Member exporters who are exporting above product to China might have also received this communication directly from MOFCOM. Please note that the last date of submission is March 22nd, 2018.
In case you are participating in the investigation, kindly do the needful submissions as per the guidelines/ timelines and also confirm to us on e-mail id’s- deepak.gupta@chemexcil.gov.in and balani.lic@chemexcil.gov.in .
In case you need any support from the council in this regard, please do let us know.
Thanking You,
Yours faithfully,
S.G. BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
Encl: Notice on distributing questionnaire for the Product
Questionnaire of Foreign Exporter or Manufacturer
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BACK
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CBEC : e-SANCHIT application extended on all EDI locations
EPC/LIC/CBEC/E_SANCHIT |
13th FEBRUARY,2018
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TO ALL THE MEMBERS OF COUNCIL
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CBEC : e-SANCHIT application extended on all EDI locations |
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Dear Members,
This is in continuation of our earlier circular informing you that the Central Board of Excise and Customs (CBEC), has launched Pilot implementation for paperless processing, uploading of supporting documents, e-SANCHIT from 20th Oct 2017. Only ICEGATE registered users can use e-SANCHIT applications by accessing the e-SANCHIT link.
Now, Central Board of Excise and Customs (CBEC) has extended this facility to all EDI locations on voluntary basis vide instruction no. 02/2018 dated 07/02/2018.
Members are requested to take note of this ease of doing business measure and also inform their CHA’s/ Logistics Providers. For customs instructions on e-SANCHIT, Step-by-Step Procedure for electronic document upload & FAQ’s, you may download the relevant files using following links:
https://www.icegate.gov.in/eSANCHIT.html .
http://www.cbec.gov.in/resources//htdocs-cbec/eSANCHITStepbyStepProcedure.pdf
Thanking you ,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL
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BACK
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IGST Refund GST Portal Advisory to the Exporters filing for Refund
EPC/LIC/IGST_REFUNDS |
13th FEBRUARY,2018
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TO ALL THE MEMBERS OF COUNCIL
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IGST Refund GST Portal Advisory to the Exporters filing for Refund |
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Dear Members,
As per updates on GST Portal (www.gst.gov.in), two advisories have been uploaded for creating awareness amongst the exporters to ensure speedy refunds.
For the sake of convenience, the contents of the advisories are reproduced as follows:
Advisory to the Exporters for Refund of IGST Paid on Export of Goods:
1. File FORM GSTR 1 for the corresponding tax period.
2. Fill complete and correct data of export of goods in Table 6A of FORM GSTR 1 of the relevant tax period.
3. Pay your tax and File FORM GSTR 3B return for the corresponding tax period.
4. While filing GSTR 3B Return for the said tax period, please make sure that that table 3.1 (b) of Form GSTR 3B is filled correctly and the amount shown in this should be equal to or more than the amount of IGST in table 6A, and table 6B (Supply to SEZ),of GSTR1.
Advisory for exporters on correctly filing Table 3.1(b) of GSTR 3B:
While filing GSTR 3B Return for the said tax period, please make sure that that table 3.1 (b) of Form GSTR 3B is filled correctly.
1. GSTR-3B of corresponding return period must be filed.
2. The IGST amount paid should be shown through Table 3.1(b) of FORM GSTR-3B, and the amount must be equal to or greater than the total IGST amount shown in Table 6A, and Table 6B, of GSTR-1 for the corresponding tax period.
3. NONE of the export invoices filed in Table 6A of GSTR-1, of the corresponding return period, shall get transmitted to ICEGATE if correct IGST amount is not filed in Table 3.1(b) of GSTR-3B. Hence the refund of IGST amount paid on exports will be impacted.
https://www.gst.gov.in/newsandupdates/read/178
Advisory to Exporters for filing Table 6A of GSTR-1:
To ensure that the GST System transmits the export invoice data, in case of export of goods with payment of IGST, to ICEGATE for refund, Exporters need to provide Complete and Correct Data while filing Table 6A of GSTR-1:
• Invoice No. and Date (Tax invoice and not commercial invoice).
• Select from drop down list (WPAY- with payment of tax)/WOPAY-without payment of tax.
• Shipping Bill No. & Date.
• Please note, if you are using offline tool for GSTR 1, the date format is dd-mmm-yyyy e.g. 15th July 2017 will be written as 15-Jul-2017 and not like 15/07/2017.
• Six Digit Port Code should be mentioned correctly.
• Invoice Value: It is the total value of export goods covered by the invoice including of tax and other charges, if any.
• Taxable Value: It is the value of goods, on which tax is paid. (Value net of tax).
• Tax Paid IGST, only in case, where the export is done on payment of IGST.
To ensure that the GST System transmits the export invoice data, in case of export of goods with payment of IGST, to ICEGATE for refund, Exporters need to maintain consistencies between data provided at GST Portal and ICEGATE Portal while filing Table 6A of GTSR-1. Invoice details specified under Table 6A of GSTR-1 should match with what is mentioned in the Shipping bills at ICEGATE. Please note that the invoice value data should match with that shown in shipping Bill.
To ensure that the GST System transmits the export invoice data, in case of export of goods with payment of IGST, to ICEGATE for refund, Exporters should make payment of Tax and File Return:
•
File Form GSTR-3B of corresponding period.
• In case of export of goods, the IGST amount paid should be shown through Table 3.1(b) of GSTR-3B and amount must be equal to or greater than the total IGST amount shown in Table 6A, and Table 6B, of GSTR-1 for the corresponding tax period.
https://www.gst.gov.in/newsandupdates/read/179
Members are requested to take note of above updates and do the needful accordingly for speedy processing of IGST refunds. The advisories are available on GST Portal using urls provided above.
Queries/ Issues, if any, be first put forth to the concerned authority using new Grievance Redressal Portal (https://selfservice.gstsystem.in). Persistent issues may also be highlighted to the council on ed@chemexcil.gov.in & deepak.gupta@chemexcil.gov.in .
Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL
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BACK
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IGST Refund Status : Ahmedabad Customs/ Mundra Customs (IGST Refund updated as on 08.02.2018) Others Custom Houses
EPC/LIC/IGST_REFUNDS |
12/02/2018
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TO ALL THE MEMBERS OF COUNCIL
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IGST Refund Status : Ahmedabad Customs/ Mundra Customs (IGST Refund updated as on 08.02.2018) Others Custom Houses |
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Dear Members,
This is regarding IGST refund status at Ahmedabad Customs House/Mundra Customs House (updated as on 08.02.2018).
Concerned member-exporters may use below link to access the IGST refund status file and check-
Mundra Customs (IGST Refund updates 2018)
http://mundracustoms.gov.in/?page_id=3341
Ahmedabad Customs House (IGST Refund update upto 08.02.2018)
http://www.ahmedabadcustoms.gov.in/Documents/pdf-document/Public%20Notice%202017/AS%20ON%2008.02.2018.xlsx
Other Customs Houses
For other customs houses, as and when updated info is available we shall let you know. In the interim, members may also check IGST refund status by using their IEC Holder login on www.icegate.gov.in . After login, please go to IGST Validation Detailand input GST No., Port of Export, Month & year. It shall reflect IGST Refund status against the corresponding shipping bill.
Members are requested to take note of above updates and do the needful. If issues, if any, may be highlighted to the council on ed@chemexcil.gov.in & deepak.gupta@chemexcil.gov.in .
Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL
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BACK
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MSME’s RBI enhances NPA recognition Period for GST Registered MSMEs borrowers from 90 to 180 days. / Government to amend MSME criteria based on annual revenue
EPC/LIC/MSME’s |
9th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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MSME’s RBI enhances NPA recognition Period for GST Registered MSMEs borrowers from 90 to 180 days. / Government to amend MSME criteria based on annual revenue |
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Dear Members,
As we all know, MSME’s are the back bone of our economy, but of-late these units are facing financial distress due to major economic changes/ disruptions in our economy.
Taking cognizance of the MSME issues, government has undertaken important steps which are being highlighted as follows for your ready reference:
RBI enhances NPA recognition Period for GST Registered MSMEs borrowers from 90 to 180 days.
In a major relief to the medium and small enterprises sector, the RBI has issued Notification no. RBI/2017-18/129 DBR.No.BP.BC.100/21.04.048/2017-18 February 07, 2018 wherein GST-registered MSME borrowers will get a further 180-day window to pay dues if their accounts were standard as on August 31, 2017.
This relaxation will be applicable for dues between September 2017 and January 2018 if the aggregate exposure does not exceed Rs 25 crore. Banks and NBFCs will not be required to downgrade asset classification of these MSMEs. For further details, members may refer to RBI notification using below link.
https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11216&Mode=0
http://msme.gov.in/node/1803
Government to amend MSME criteria based on Annual Revenue
We understand that the Cabinet has approved proposal to redefine micro, small and medium enterprises, or MSMEs, based on their annual revenue, replacing the current definition that relies on self-declared investment on plant and machinery.
Section 7 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 will accordingly be amended to define units producing goods and rendering services in terms of annual turnover as follows:
A micro enterprise will be defined as a unit where the annual turnover does not exceed five crore rupees;
A small enterprise will be defined as a unit where the annual turnover is more than five crore rupees but does not exceed Rs 75 crore;
A medium enterprise will be defined as a unit where the annual turnover is more than seventy five crore rupees but does not exceed Rs 250 crore.
At present the MSMED Act (Section 7) classifies the Micro, Small and Medium Enterprises (MSMEs) on the basis of investment in plant and machinery for manufacturing units, and investment in equipment for service enterprises. The criterion of investment in plant and machinery stipulates self-declaration which in turn entails verification if deemed necessary and leads to transaction costs.
MSME Members are requested to take note of these important updates and do the needful, wherever applicable. Feed-backs on these changes can be sent on ed@chemexcil.gov.in & deepak.gupta@chemexcil.gov.in .
Thanking You,
Yours faithfully,
S.G. BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
http://chemexcil.in/uploads/files/MSME07021753E1582547B3409DBF8D72796D527B4A_(MSME_NPA).PDF
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BACK
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Request for specimen copies of export documents and suggestions for their simplification and rationalisation
EPC/LIC/MOC/lOGISTICS |
9th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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Request for specimen copies of export documents and suggestions for their simplification and rationalisation |
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Dear Members,
This is further to our circular dated 01/01/2018 regarding Simplification and rationalisation of export documentation for reducing transaction time and cost.
The inputs received were put forth toShri D.P. Mohapatra, Addl. DGFT, Department of Commerce (Logistics Division).
However, the council has now been advised to provide scanned copies of all documents required by an exporter at the stages of pre-shipment, shipment and post-shipment with a flow chart and suggestions for their simplification/rationalisation.
Further, it is requested to inform how many copies of each document is insisted by which authority and at what level, whether the documents are manually filed or filed online and whether any document can be removed or the required information can be clubbed with another document, along with information regarding cost and time involved for obtaining each document.
We once again request the members to providereplies/ inputs (with document scans wherever possible) latest by 14/02/2018 on e-mail id’s: deepak.gupta@chemexcil.gov.in & balani.lic@chemexcil.gov.in .
Your timely replies in this endeavour shall be appreciated and enable us submit to the concerned dept for consideration within the timelines.
Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL
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BACK
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DGFT : Advise to exporters to promptly check shipping bill transmission status on ICEGATE and DGFT website
EPC/LIC/DGFT/EDI |
7th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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DGFT : Advise to exporters to promptly check shipping bill transmission status on ICEGATE and DGFT website |
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Dear Members,
As you are aware, for MEIS application, sometimes Shipping Bill data is not found available in DGFT System. It takes considerable time to get the SB data available in DGFT System and, therefore, availing of FTP benefits, like MEIS, by exporter is delayed.
In this regard, O/o The Directorate General of Foreign Trade, New Delhi has issued Trade Notice No. 23/2018 dated 06/02/2018 titled “Advise to exporters to promptly check shipping bill transmission status on ICEGATE and DGFT website”.
As per the Trade Notice, exporters are advised to check the Shipping Bill transmission status first on ICEGATE and then on DGFT website after 72 hours from integration of SB with ICEGATE.
The transmission status of a SB can be checked on ICEGATE website (https://www.icegate.gov.in/) under `Services->Public Enquiry-> DGFT Shipping Bill Integration Status' option and the same can be checked at DGFT website (http:dgft.gov.in/) under 'User Facilitation-> Shipping Bills Received from Customs' for an IEC option.
If the SB data is neither available on ICEGATE nor DGFT, the issue can be registered with DGFT using the Contact@DGFT service available on DGFT website and the issue details can also be shared with DGFT EDI helpdesk by sending an e-mail at dgftedi@nic.inquoting the Contact@DGFT reference number.
Members are requested to take note of this Trade notice and do the needful accordingly.
TRADE NOTICES NO. |
DATE |
SUBJECT |
Trade Notice No.23/2018 |
06.02.2018 |
Advise to exporters to promptly check shipping bill transmission status on ICEGATE and DGFT website |
Thanking You,
Yours faithfully,
(S. G. Bharadi)
Executive Director
CHEMEXCIL
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BACK
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Authorized Economic Operator (AEO) Programme & Advantages
EPC/LIC/CBEC/ AEO |
7th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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Authorized Economic Operator (AEO) Programme & Advantages |
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Dear Members,
As you might be aware, Authorized Economic Operator (AEO) seeks to provide tangible benefits in the form of faster Customs clearances and simplified Customs procedures to those business entities who offer a high degree of security guarantees in respect of their role in the supply chain.
The AEO Programme provides businesses with an internationally recognized quality mark which will indicate their secure role in the international supply chain and that their Customs procedures are efficient and compliant. An entity with an AEO status can, therefore, be considered a ‘secure’ trader and a reliable trading partner.
For the economic operators other than importers and the exporters, AEO programme offers one tier of certification (i.e. AEO-LO) whereas for the importers and the exporters, there will be three tiers of certification (i.e. AEOT1, AEO-T2 and AEO-T3).
Eligibility conditions and criteria laid are down under paragraph 3 of Board Circular No. 33/2016-Cus., dated 22-7-2016 (as modified vide and Circular No. 3/2018- Customs, dated January 17, 2018) ((available at: http://www.cbec.gov.in/Customs-Circulars-Instructions). The council has also recently informed the members about the amendments vide circular dated 31/01/2018.
Through this initiative, Indian Customs extends to its AEO members with certain benefits, including:
Inclusion of Direct Port Delivery of imports to ensure just-in-time inventory management by manufacturers – clearance from wharf to warehouse for AEO T1, T2 and T3.
Inclusion of Direct Port Entry for factory stuffed containers meant for export by AEOs for AEO T1, T2 AND T3.
Provision of Deferred Payment of duties – delinking duty payment and Customs clearance for AEO T2 and AEO T3
Benefits of Mutual Recognition Agreements with other Customs Administrations for AEO T2 and AEO T3.
Faster disbursal of drawback amount
Fast tracking of refunds and adjudications
Extension of facilitation to exports in addition to imports depending on the tier of certification.
Self-certified copies of FTA / PTA origin related or any other certificates required for clearance would be accepted
Request based on-site inspection /examination
Paperless declarations with no supporting documents
Recognition by Partner Government Agencies and other Stakeholders as part of this programme.
In accordance with the conditions laid down in Para 4.07A of FTP 2015-2020, where there is no SION/valid Ad-hoc Norms for an export product and where SION has been notified but exporter intends to use additional inputs in the manufacturing process, eligible exporter, who is an AEO, can apply for an Advance Authorisation under this scheme on self-declaration and self ratification basis”
In view of the above, all the importers, especially those also availing DPD facility, may apply for AEO certification so as to avail various significant benefits available to AEOs under the scheme, which also includes higher facilitation of Bills of Entry under RMS.
The application for AEO certification may be submitted to the relevant Customs Houses of your Jurisdiction. The Customs Houses nominate their Client Relationship Manager (CRM) for AEO entities in the jurisdiction.
In case of JNCH, application may be Addressed to the Additional Commissioner of Customs, Chief Commissioner’s Office (CCO), Jawaharlal Nehru Custom House, Nhava Sheva, Tal:- Uran, Dist: Raigad, Pin – 400 707) with copy to AEO Programme Manager, Directorate of International Customs or in case of any doubt, to the AEO Programme Manager, Directorate of International Customs, 10th Floor, Tower II, Jeevan Bharti Building, Connaught Place, New Delhi – 110001 as per the procedure prescribed under CBEC Circular 33/2016 (as modified vide and Circular No. 3/2018- Customs, dated January 17, 2018) (available at: http://www.cbec.gov.in/Customs-Circulars-Instructions)
Members are requested to take note and may do the needful for trade facilitation. Additional information (CRM’s, Fact Sheet, existing list of entities etc) and the original circulars pertaining to AEO programme are available for download using below links:
http://www.cbec.gov.in/htdocs-cbec/home_links/india-aeo-prgm
Circular No. |
English |
Date of issue |
Subject |
03/2018 |
View(368 KB) |
17-01-2018 |
Amendment in the AEO Programme Circular No. 33/2016 dated 22/7/2016 |
33/2016 |
View(246 KB) |
22-07-2016 |
Review of entity based facilitation programmes viz. Accredited Client Programme (ACP) and Authorized Economic Operator (AEO) programme — Revised Guidelines. |
Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
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BACK
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E-way bill : Postponement of compulsory implementation of e-way bill rules for inter-State movement. Trial Phase to continue for inter and Intra-state movement
EPC/LIC/GST/E_WAY_BILL |
5th Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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E-way bill : Postponement of compulsory implementation of e-way bill rules for inter-State movement. Trial Phase to continue for inter and Intra-state movement |
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Dear Members,
As you are aware, the nationwide e-way Bill system for inter-State movement of goods on compulsory basis had come into effect from 1st February, 2018.
However, technical glitches/ issues were faced by the taxpayers on 1st Feb 2018 itself.
Taking cognizance of the difficulties faced by the trade in generating e-way bill due to initial technological glitches, government has extended the trial phase for generation of e-way bill, both for inter and intra state movement of goods.It'll be applicable from a date to be notified.
In this regard, the Central Board of Excise and Customs has issued Notification No. 74/2017 – Central Tax dated 2nd February 2018 which rescinds the earlier notification no 29th December, 2017 regarding implementation of e-way bill rules from 1st Feb 2018.
Members are requested to take note of this relaxation. The Notification No. 74/2017 – Central Tax dated 2nd February 2018 is available for reference on below hyperlink-
http://www.cbec.gov.in/resources//htdocs-cbec/gst/Notification-11-2018-central_tax-English.pdf
Central Tax Notifications
Notification No. & Date of Issue |
English |
Subject |
11/2018-Central Tax ,dt. 02-02-2018 |
View (146 KB) |
Seeks to postpone the coming into force of the e-way bill rules |
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Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
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BACK
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DGFT Notification of ITC (HS) 2018, SCHEDULE 2 – EXPORT POLICY
EPC/LIC/ITCHS2018/SCHEDULE2 |
2nd Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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DGFT Notification of ITC (HS) 2018, SCHEDULE 2 – EXPORT POLICY |
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Dear Members,
Kindly note that O/o The Directorate General of Foreign Trade, New Delhi has issued Notification no. 47/2015-20 dated 31/01/2018 notifying Schedule 2, Export Policy of ITC (HS), 2018.
The Schedule 2 pertains to the export policy of items indicated along-with their conditions, if any, to be fulfilled.
Members are requested to take of the same/ check. The details of items can be downloaded using below link:
http://dgft.gov.in/exim/2000/itchs2017/export/EITCHS2018.html
Thanking You,
Yours faithfully,
S.G. Bharadi
Executive Director
CHEMEXCIL
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BACK
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UNION BUDGET 2018-19 Highlights & provision for exports and chemicals sector
EPC/LIC/BUDGET/2018-19 |
2nd Feb 2018
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TO ALL THE MEMBERS OF COUNCIL
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UNION BUDGET 2018-19 Highlights & provision for exports and chemicals sector |
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Dear Members,
As you are aware, Hon’ble Union Minister of Finance Shri Arun Jaitely has presented the Union Budget 2018-19 on 1st February 2018.
The budget 2018-19 lays focus on strengthening agriculture and rural economy, provision of good health care to economically less privileged, taking care of senior citizens, infrastructure creation and working with the States to provide more resources for improving the quality of education in the country.
Also steps will be taken for Ease of Doing business further by stress on 'Ease of Leaving' for the common men of this country, especially for those belonging to poor & middle class of the society. Good governance also aims at minimum interference by the government in the life of common people of the country.
The key economic indicators as per budget statement <
GDP growth at 6.3% in the second quarter signaled turnaround of the economy. The government estimates 7.2-7.5% GDP growth in second half of the current FY18.
India is today a $2.5 trillion economy and will become fifth largest economy in the world from the present seventh largest.
Fiscal deficit for 2017-18 at 3.5% and projected for 2018-19 at 3.3%
Our exports are expected to grow at 15% in 2017-18.
Divestment target for 2018-19 has been set at Rs 80,000 crore
Proposed spending on rural infra is Rs 14.34 lakh crore.
Gist of provisions in Union Budget 2018-19 from exports and chemicals perspective.
Medium, Small and Micro Enterprises (MSMEs)
Corporate Tax of 25% extended to companies with turnover up to Rs 250 cr in financial year 2016-17
Provided Rs. 3794 crore to MSME Sector for giving credit support, capital and interest subsidy and innovations.
It is proposed to onboard public sector banks and corporates on Trade Electronic Receivable Discounting System (TReDS) platform and link this with GSTN. Online loan sanctioning facility for MSMEs will be revamped for prompt decision making by the banks.
It is proposed to set a target of `3 lakh crore for lending under MUDRA for 2018-19 after having successfully exceeded the targets in all previous years.
Use of Fintech in financing space will help growth of MSMEs. A group in the Ministry of Finance is examining the policy and institutional development measures needed for creating right environment for Fintech companies to grow in India.
Tax proposals
Health and Education Cess
At present there is a 3% cess on personal income tax and corporation tax consisting of 2% cess for primary education and 1% cess for secondary and higher education. The existing 3% education cess will be replaced by a 4% “Health and Education Cess ” to be levied on the tax payable.
Indirect Tax.
To abolish the Education Cess and Secondary and Higher Education Cess on imported goods, and in its place impose a Social Welfare Surcharge, at the rate of 10% of the aggregate duties of Customs, on imported goods, to provide for social welfare schemes of the Government. Goods which were hitherto exempt from Education Cesses on imported goods will, however, be exempt from this Surcharge.
CUSTOM TARIFFS
1. |
C. |
Changes in Customs duty to provide adequate protection to domestic industry |
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Perfumes and toiletry preparations |
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9 |
3303 |
Perfumes and toilet waters |
10% |
20% |
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10 |
3304 |
Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations |
10% |
20% |
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11 |
3305 |
Preparations for use on the hair |
10% |
20% |
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12 |
3306 |
Preparations for oral or dental hygiene, including denture fixative pastes and powders; yarn used to clean between the teeth (dental floss), in individual retail packages |
10% |
20% |
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13 |
3307 |
Pre-shave, shaving or after-shave preparations, personal deodorants, bath preparations, depilatories and other perfumery, cosmetic or toilet preparations, not elsewhere specified or included, prepared room deodorizers, whether or not perfumed or having disinfectant properties |
10% |
20% |
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II |
Rationalization measures |
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Edible oils of vegetable origin |
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1 |
1508, 1509,
1510,1512,
1513, 1515 |
Crude edible vegetable oils like Ground nut oil, Olive oil, Cotton seed oil, Safflower seed oil, Saffola oil, Coconut oil, Palm Kernel/Babassu oil, Linseed oil, Maize corn oil, Castor oil, Sesame oil, other fixed vegetable fats and oils. |
12.5% |
30% |
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2 |
1508, 1509,
1510,1512,
1513, 1515,
1516 20,
1517 10 21,
1517 90 10,
1518 00 11,
1518 00 21,
1518 00 31 |
Refined edible vegetable oils, like Ground nut oil, Olive oil, Cotton seed oil, Safflower seed oil, Saffola oil, Coconut oil, Palm Kernel/Babassu oil, Linseed oil, Maize corn oil, Castor oil, Sesame oil, other fixed vegetable fats and oils, edible margarine of vegetable origin, Sal fat; specified goods of heading 1518 |
20% |
35% |
Amendments in Custom Act for Trade Facilitation / dispute resolution.
To make certain changes to the Customs Act, 1962, to further improve ease of doing business in cross border trade, and to align certain provisions with the commitments under the Trade Facilitation Agreement. To smoothen dispute resolution processes and to reduce litigation, certain amendments are being made, to provide for pre-notice consultation, definite timelines for adjudication and deemed closure of cases if those timelines are not adhered to.
To change the name of Central Board of Excise and Customs [CBEC] to Central Board of Indirect Taxes and Customs (CBIC).
You are requested to take note of the above provisions. The original budget documents/ notifications are available for download using below link-
http://www.indiabudget.gov.in/ub2018-19/bs/bs.pdf
http://www.indiabudget.gov.in/cust.asp
http://www.indiabudget.gov.in/ub2018-19/cen/dojstru1.pdf
http://www.indiabudget.gov.in/ub2018-19/cen/dojstru2.pdf
We also look forward to your feed-back on the provisions of the Union Budget 2018-19. The same can be mailed to us on ed@chemexcil.gov.in & Deepak.gupta@chemexcil.gov.in.<
Thanking You,
Yours faithfully,
S.G Bharadi
Executive Director
CHEMEXCIL
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BACK
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Grievance Redressal Portal for GST (https://selfservice.gstsystem.in/)
EPC/LIC/GST/Grievance_Redressal |
31st Jan 2018
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TO ALL THE MEMBERS OF COUNCIL
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Grievance Redressal Portal for GST (https://selfservice.gstsystem.in/) |
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Dear Members,
As per updates on GST Portal, a dedicated portal has been launched for grievance redressal.
The link for “Grievance Redressal Portal for GST” is provided as follows:
https://selfservice.gstsystem.in/
We understand that the Portal has been designed for lodging complaints by taxpayers and other stakeholders. They can lodge Complaint here indicating issues or problems faced by them while working on GST portal instead of sending emails to the Helpdesk.
Further, with launch of this Grievance Redressal Portal, helpdesk@gst.gov.in email address is no more available.
Members are requested to take note of this new utility -Grievance Redressal Portal for GST and use it accordingly.
You are also requested to send your feed-back pertaining to this portal on our e-mail id’s- ed@chemexcil.gov.in, deepak.gupta@chemexcil.gov.in & balani.lic@chemexcil.gov.in .
Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL
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BACK
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EU, India updating positions on FTA: Kozlowski
NEW DELHI, JANUARY 31
European Union Ambassador to India Tomasz Kozlowski says the bloc remains committed to negotiating the long-pending Free Trade Agreement (FTA) with India. In an interview with BusinessLine, he said post the protracted talks, both sides are now updating each other on the pact. Excerpts:
The European economy seems to be finally recovering now…
The EU has overcome the financial difficulties. We were in crisis a few years ago. As of now we can clearly state that economic and financial crises within the EU are over and, after four years of recovery stage, now the EU and its member states have embarked on a steady, sustainable economic growth path. Our economic growth has reached a level of 2.3 per cent in 2017, which is the fastest pace of economic growth in the last decade. Forecasts for the coming years are also positive.
What about the Eurozone?
The Eurozone is in a very good shape. Private consumption is growing. Unemployment in the euro area is expected to average at 9.1 per cent this year, its lowest level since 2009, as the total number of people employed climbs a record high. Inflation is expected to dip to 1.4 per cent in 2018 before climbing up to 1.6 per cent in 2019. The manufacturing sector is growing as consumption and exports are growing.
What has led to this growth?
We have strengthened our financial sector. The role of the European Investment Bank has been modified. Its role is now to handle conditions of the banking sector in EU member states. The banking union was put in place. Investments have been promoted. Overall, many instruments and new solutions have been put in place to stabilise the banking and financial sectors in EU member states and at the EU level. The European Commission has put in place a pro-investment plan.
Why is the EU not resuming FTA talks with India?
India is a very important partner for the EU in all sectors. In the last India-EU Summit in 2017, we designed a long-term agenda for developing our relations in all sectors. Overall, we can identify two main directions of our bilateral ties. During the summit, both sides agreed to re-engage actively towards relaunching negotiations in a time-bound manner for a comprehensive and mutually beneficial India-EU Broad-based Trade and Investment Agreement (BTIA).
There was also an informal meeting between the chief negotiators in November…
Both the chief negotiators met in the middle of November and a number of expert-level meetings discussing the specific issues is now going on. The intention on both sides is now to have another informal meeting of the chief negotiators in a few months’ time. The meeting is decided but the dates have to be fixed.
Why are the chief negotiators not meeting formally?
We are making a lot of effort to prepare timely relaunching of negotiations. This process is about identifying what the Indian interests are, what the European interests are, what we can expect from this proposed agreement, and what should be the scope of the agreement.
Does that mean talks are back to where it all began 10 years ago?
No, it is not. This exercise is to update ourselves. This not a stocktaking exercise. Since 2015 so many things have changed in Europe and in India. That is why we are updating our positions, we are identifying our interests, we are taking into account changes in legislation in India and in Europe. India has a new economic policy. All these have to be taken into account. And the EU is absolutely committed to conclude the FTA, including on investment protection.
Does the demand on tariff reduction in automobiles and wines and spirits still remain?
Our objective is to find an agreement which will be mutually beneficial to both sides. Any kind of international agreement should be balanced. We are in the process of discussing everything.
Is the EU now negotiating a Bilateral Investment Treaty (BIT) with India after the previous ones were revoked?
As of spring last year new investments from EU member states are not any more covered by investment protection. Overall, the idea is to have one agreement which will also cover all such issues.
But the EU is insisting on having the BIT concluded first and then m on FTA...
As of now, as I understand, the agreement is called ‘Broad-based Trade and Investment Agreement’ and our mandate covers all issues. But it is a concern for us that new investments are not covered by any protection. That is why we are very interested in having an investment chapter as part of the agreement.
But again you have reservations on India’s BIT model …
We have changed our investment protection very much. It’s not the same as it was 10 years ago. Our dispute settlement mechanism was based on international arbitrage. Now we are open to new methods for dispute settlements.
What about granting India ‘data secure’ nation status from EU?
We are discussing this with India. This is an important issue for us and India. We want to be sure that exchange of data is done in a secure way.
What is your strategy to step up security cooperation with India? Are you on the same platform with India on cross-border terrorism, something that EU was in denial about earlier?
Both the EU and India have a rules-based international order. We are on the same platform concerning terrorism. We had clearly stated in the EU-India Summit Joint Statement on Cooperation in Combating Terrorism that we are committed to combat terrorism in all its forms and manifestations.
For the first time we included the names of terrorists and terror entities, such as Hafeez Saeed, Zaki-ur-RehmanLakhvi, Dawood Ibrahim, Lashkar-e-Tayibba, Jaish-eMohammad and Hizb-ul-Mujahideen. The EU listed HizbulMujahideen in 2005, even before the Americans did.
(Source: http://www.thehindubusinessline.com/news/eu-india-updating-positions-on-fta-kozlowski/article22612681.ece dated 31st January-2018)
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India: Indian Budget 2018 | Indirect Tax
CUSTOMS LAW
Legislative changes (effective from the date of Presidential assent)
- The law is proposed to be amended to give extra-territorial jurisdiction in respect of offences committed outside India, and proposes to include non-resident offenders. The Amendment empowers the revenue department to launch proceedings, inter alia, against foreign suppliers for abetting duty evasion or circumvention of regulations.
- The Amendment proposes to empower custom officers to undertake search of vessels and conveyances, confiscate goods, and arrest people in the Exclusive Economic Zone (EEZ) of India. The EEZ extends up to 200 nautical miles from the baseline. Earlier, such power was restricted to the Contiguous Zone of India, i.e., 24 nautical miles. This will prevent intrusion of hostile persons in the EEZ.
- Various enactments of Parliament regulate the import and export of goods such as drugs & cosmetics, food, pesticides etc. Further, the Foreign Trade Policy and Indian Trade Classification (Harmonised System) (ITC (HS)) issued under the Foreign Trade (Development & Regulation) Act, 1992 lays down a licensing regime for import and export, of dual-use items and technologies notified under Special Chemicals, Organisms, Materials, Equipment and. Technologies List (SCOMET). It is proposed that any such regulation on import or export would not be effective, unless it is also notified under the Customs Act, 1962 (Customs Act).
- The Government has to issue the requisite notification under Section 11 of the Customs Act, in order to give effect to other enactments that regulate import and export, as they are mandatorily obligated on account of security, public safety, or international obligations. This amendment seems to be contrary to the provisions contained in Section 111(d) and Section 113(d) of the Customs Act which mandate compliance with other laws.
- Amendments are proposed to substantially overhaul demand and adjudication proceedings:
- Pre-notice consultations with the importer/ exporter will be required before issuance of notice.
- Notices issued under Section 28 of the Customs Act shall be adjudicated in a time bound manner, failing which notices will lapse.
- Wherever notice for extended periods (5 years) do not survive, in the absence of collusion, willfulmis-statement, or suppression, the notice will be deemed to have been issued for a normal period (2 years), and duty/interest will be computed accordingly.
- The Amendment proposes substantial changes to the mechanism for obtaining advance rulings:
- In line with the obligations under the World Trade Organization Trade Facilitation Agreement (which came into force on 22 February 2017), the definition of 'applicant' has been broadened to permit more persons to approach the advance ruling authority.
- The Authority has been made two tier: Customs Authority for Advance Ruling (CAAR), and Appellate Authority for Advance Ruling (AAAR). Principal Commissioner or Commissioner of Customs shall be CAAR. Present Authority for Advance Ruling shall become the AAAR. On appointment of CAAR, all pending applications shall stand transferred to CAAR.
- CAAR has to give a ruling within three (3) months.
- As a measure to apparently link customs with GST, option of making duty payments through an electronic cash ledger (operational in GST) has been introduced.
- A new provision proposes to provide for a customs audit. This will replace the on-site post clearance audit regulations of 2011. The 2011 regulations were not implemented widely.
- Option to redeem confiscated goods on payment of redemption fine shall be exercised within 120 days of the order, unless an appeal is pending against such order. Failure to redeem goods within prescribed time will render confiscation absolute.
- Appellate Commissioner of Customs is empowered to remand a case back to the original adjudicating authority in case there is a breach of the principles of natural justice.
- Mode of service for official communication has been amended and brought in line with the modes of service prescribed under GST law.
- IGST forming part of customs duty on the clearance of into-bond transferred goods shall be as below:
- The higher of the in-bond sale value or Assessable value, being aggregate of assessable value under Section 14 of the Customs Act + basic customs duty + Social Welfare Surcharge (if any);
- In case of multiple in-bond sales, the in-bond sale value of the last sale or Assessable value (as determined above), whichever is higher.
New levy (effective from 2 February 2018)
The Budget has replaced Education Cess and Secondary & Higher Education Cess with the following:
- Social Welfare Surcharge @ 10% on the aggregate duties of customs levied at the time of import. Petrol and High Speed diesel (HSD), unwrought or semi-manufactured silver and gold are subjected to surcharge @3%.
- Road and Infrastructure Cess @ INR 8/liter on domestically produced petrol and High Speed diesel. Import of petrol and HSD has been exempted from this cess.
Customs Duty rates tracker
The standard rate of Basic Customs Duty (BCD) of 10% remains unchanged.
Key BCD rate changes
Description of Goods |
Existing rate |
New Rate |
Cashew nuts in shell |
5% |
2.5% |
Crude edible vegetable oils |
12.5% |
30% |
Refined edible vegetable oil |
20% |
35% |
Orange fruit juice |
30% |
35% |
Cranberry juice |
10% |
50% |
Miscellaneous food preparations (other than soya protein) |
30% |
50% |
Kites |
10% |
20% |
Articles of stone containing magnesite, dolomite or chromite |
10% |
7.5% |
Ceramic goods of siliceous fossil meals / siliceous earths |
10% |
7.5% |
Refractory goods |
5% |
7.5% |
Solar tempered glass used in manufacture of solar cells/panels/modules |
5% |
Nil* |
Silica used in manufacture of optical fibre cables |
Nil* |
5%* |
Diamonds; Cut and polished coloured gemstones |
2.5% |
5% |
Specified goods used in manufacture of LCD / LED TV panels |
Nil* |
10%* |
Motor vehicles imported as
(a)Completely Knocked Down (CKD) kit;
(b)Other form |
10%
20% |
15%
25% |
Raw materials, parts or accessories for manufacture of Cochlear Implants |
2.5% |
Nil* |
Lamps and lighting fittings excluding solar lantern / solar lamps |
10% |
20% |
Silk fabrics |
10% |
20% |
Moulded plastics of charger or adapter of cellular mobile phones |
Nil* |
10% |
*Subject to conditions
EXCISE DUTY
- Imposition of Road and Infrastructure Cess: An Additional Duty of Excise called the Road and Infrastructure Cess has been imposed on petrol and highspeed diesel (HSD) oil at the rate of INR 8 per litre. This levy will come into effect immediately. The levy is in lieu of erstwhile Road Cess imposed on such products at the rate of INR 6 per litre which is now being abolished.
- Reduction in Basic Excise Duty on petrol and diesel: Basic Excise Duty on petrol and diesel has been reduced by INR 2 per litre to neutralize the incremental impact of Road and Infrastructure Cess. Accordingly, the total Excise Duty burden on motor spirit, commonly known as petrol and HSD, remains unchanged.
- Exemption from levy of Road and Infrastructure Cess: The following exemptions have been granted from levy of Road and Infrastructure Cess namely:
- 50% exemption on petrol and HSD manufactured in and cleared from four specified refineries located in North-East
- Full upfront exemption from Road and Infrastructure Cess on – (i) 5% ethanol blended petrol (ii) 10% ethanol blended petrol and (iii) bio-diesel up to 20% by volume subject to the condition that appropriate excise duty on petrol or diesel and appropriate GST on ethanol or bio-diesel has been paid.
SERVICE TAX
- Retrospective exemption to specified services: Retrospective exemptions from levy of service tax has been granted to the following services:
PARTICULARS |
EXEMPTION FROM |
Services by Naval Group Insurance Fund by way of life insurance to personnel of Coast Guard under Group Insurance Schemes of Central Government |
10 September 2004 |
Services by Goods and Services Tax Network (GSTN) to the Central Government, State Government, or Union Territories |
28 March 2013 |
Services by way of grant of license or lease by Government to explore or mine petroleum crude or natural gas or both, when the consideration is paid in the form of its share of profit petroleum |
1 April 2016 |
(Source:-http://www.mondaq.com/india/x/670050/sales+taxes+VAT+GST/Indian+Budget+2018+Indirect+Tax dated 2nd feb-2018)
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Commerce Minister Prabhu initiates consultations on upcoming New Industrial Policy
New Delhi, Feb 6 (KNN) Eyeing at evolving a comprehensive consultation based framework, the Commerce and Industry Minister Suresh Prabhu initiated a series of nation-wide consultations with the industry on the proposed new Industrial Policy.
A release from the Ministry informed that the first consultation was held at Guwahati recently, organized by Department of Industrial Policy and Promotion (DIPP) in partnership with Federation of Chamber of Commerce and Industry (FICCI).
The meeting was attended by over 120 industrialists from the North East in addition to government officials from the North Eastern States, the release added.
Prabhu in his speech during the meeting stressed the importance of a dialogue between the government and the industry.
Prabhu also highlighted multiple initiatives of the government to reduce the burden of regulations for the industry. He also talked about the importance of centre-state cooperation and the need for change even at the district-level.
Similar meeting are expected to take place throughout the country ahead of the upcoming new industrial policy. (With PIB Inputs) (KNN/DA)
(Source: http://knnindia.co.in/news/newsdetails/economy/commerce-minister-prabhu-initiates-consultations-on-upcoming-new-industrial-policy dated 6th Feb-2018)
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Union Commerce and Industry ministry launches Start-up India Ranking Framework
The tools are: the State and Union Territory Startup Ranking Framework, the Compendium of Good Practices for Promoting Startups in India and the Startup India Kit.
These will act as catalysts to help the Startup India initiative to drive India’s economic growth, the ministry said.
According to government reports, India is home to about 20,000 startups, with about 1,400 beginning operations every year. They are not only driving economic growth but also leading to technological innovations and employment generation in every state.
Therefore, to encourage and help startups the Central government has taken the lead in creating policies and a framework.
Eighteen states and UTs have a startup focused environment with ease of doing business for startups, the ministry said.
According to the ministry, the key objective of the Startup States and UTs Ranking Framework is to encourage states and UTs to take proactive steps towards strengthening the Startup ecosystems at the local level.
The Ranking Framework will measure the impact of each step initiated at the local level for building a strong Startup ecosystem.
The Ranking Framework will also enable continuous learning through the dissemination of good practices, the release said.
Union minister for Commerce and Industry, Suresh Prabhu, said that the Central government is aligning its strategies to tap into the infinite potential of young entrepreneurial minds.
The govt wants to help them in the journey from idea to business and business to success. These policies will help states to take proactive steps to enable startup ecosystems at the local level, he said.
The state and UT Ranking Framework is based on the feedback collected from Startup ecosystem stakeholders, which include startups, mentors, investors, accelerators, incubators and the government bodies.
Areas which should be given greater thrust like seed funding support, women entrepreneurship are given more score, the release said.
The parameters of this feedback focus on all the actions and initiatives undertaken by states on or before March 2018.
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These include having a startup cell or helpline and a mobile or web portal for queries, the size of the startup mentor network created by the state government and the number of key incubators for incubation support to startups.
The Startup India Hub portal will provide a platform for the launch of the Ranking Framework.
The official release of theStartup India Compendium of Good Practises for promoting Startups in India focuses on enriching the Startup ecosystem through ethical behaviours and is currently followed by 18 states and UTs.
It covers 95 good practises across sevenareas of intervention. These are distilled into 38 action points, including Incubation Support, Seed Funding, Angel & Venture Funding, Startup Policy & Implementation, Simplified Regulations, Easing Public Procurement, Awareness and Outreach.
The Startup India Kit is primarily a one-stop guide on all Startup India offerings, the ministry said.
It offers vital information, advice and assistance through website links, statistics, tools, templates, events, competitions and a glossary on startup terms.
All the benefits available to startups from the Startup India initiative can be found in the kit.
(Source: https://indiablooms.com/finance-details/8499/union-commerce-and-industry-ministry-launches-startupindia-ranking-framework.html dated 6th Feb-2018)
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Duties placed on Indian chemicals
China's Ministry of Commerce (MOFCOM) announced on Wednesday that imported m-phenoxybenzaldehyde originating from India will be subject to anti-dumping duties ranging from 36.2 percent to 56.9 percent.
Following the preliminary ruling, importers of Indian m-phenoxybenzaldehyde should provide China Customs with corresponding deposits as determined by the ruling, according to a statement on the MOFCOM website.
MOFCOM said it "believed that there is dumping of imported m-phenoxybenzaldehyde from India, which has substantially harmed domestic industry."
M-phenoxybenzaldehyde is mainly used in the production of pesticides. India is the world's largest producer of m-phenoxybenzaldehyde and China is the country's largest export market.
(Source: http://www.globaltimes.cn/content/1088679.shtml dated 7th Feb-2018)
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India's active foreign policy is securing its long-term goals in Asean, West Asia
The unprecedented sight of 10 Asean leaders being honoured as chief guests at the Republic Day Parade, and Narendra Modi’s significant three-nation tour shows the depth of India’s foreign policy outreach
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Prime Minister Narendra Modi with Crown Prince of Abu Dhabi, Deputy Supreme Commander of the UAE Armed Forces, General Sheikh Mohammed Bin Zayed Al Nahyan, Abu Dhabi, United Arab Emirates, February 10(PTI) |
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Two recent foreign policy initiatives of the Indian government have the promise of yielding key gains in the long-term. In January, New Delhi witnessed the unprecedented sight of the leaders of the 10 member states of the Association of Southeast Asian Nations (Asean) being honoured as chief guests at the annual Republic Day Parade after a crucial dialogue. On Saturday, Prime Minister Narendra Modi became the first Indian PM to make an official visit to Palestine during a trip that also took him to the United Arab Emirates and Oman. India’s near simultaneous engagements show the change in thinking and depth of India’s foreign policy outreach, aimed at balancing its long-term goals of playing a vital role in the region.
Many Asean states have strong economic relations with China despite disputes over such issues as the South China Sea. India would do well strengthen its links in a wide range of areas with the regional bloc, especially trade, connectivity and security.
Though the Asean states have signed up for China’s Belt and Road Initiative, many members continue to be wary of their larger neighbour because of territorial disputes and Beijing’s trade and security policies. In such a situation, India stands to gain a lot by taking on a greater leadership role in the region, not necessarily to confront China, but to offer an alternative path that could be more attractive to other nations.
Mr Modi’s visit to Palestine was hardly surprising, given his stand-alone visit to Israel last year. The outcomes of the visit, including Mr Modi’s support for an independent Palestine, bode well for India’s overall outreach to West Asia, home to millions of expatriates.
Besides trade and energy supplies, India has also forged close security ties with countries in West Asia that are crucial for the war on terrorism. There may be little common ground between the Israeli and Palestinian leadership but India enjoys huge constituencies of goodwill on both sides that it can leverage to its advantage in the longer run.
(Source: https://www.hindustantimes.com/editorials/india-s-active-foreign-policy-is-securing-its-long-term-goals-in-asean-west-asia/story-lsKIIp2OPke6eSO7ZMZz8N.html dated 13th February-2018)
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Jordan, India discuss trade cooperation
Amman, Feb. 14 (Petra)- The head of the Jordan Chamber of Commerce, Na'el Al-Kabariti, on Wednesday discussed with the Indian Ambassador to Jordan, ShubhdarachiniTripathi, ways to foster bilateral trade and investment relations at the level of private sector institutions.
During the meeting, Al-Kabariti said bilateral ties are "distinguished and rooted" in the various fields, especially in the economic domain, and added India is a crucial trading partner of the Kingdom.
Al-Kabariti stressed the desire of the Jordanian private sector to strengthen ties with its Indian counterpart, to schedule visits of delegations and to benefit from the mutual agreements signed to expand the bulk of goods exchanged.
He said the Jordanian-Indian business forum is slated to be held in the Indian capital later this month.
"I share a similar view with the Indian private sector to launch trade and investment partnerships and to revive the signed accords to increase the Kingdom's exports to the Indian market," he added.
Commenting on India's strengths, the Indian economy has become one of the most important world economies, Indian goods are competing robustly at world markets and New Delhi turned a key player in the international trade system, he pointed out.
In turn, the Indian envoy expressed her appreciation for the efforts of His Majesty King Abdullah II to boost and support bilateral ties, and lauded the noted attention the recent visit of the Indian prime minister to Amman drew.
Tripathi also praised efforts of the Jordanian private sector, represented by the Jordan Chamber of Commerce, to forge closer relations with the Indian private sector institutions and to give fresh momentum to the economic relations between the two countries.
The Kingdom's exports to India during the 11 months of last year amounted to 337 million dinars compared to 330 million dinars imports.
Jordan exports to India cover metal products, chemical industries, machinery and equipment, while it imports mineral and food products, chemical industries, machinery and equipment, metals, and textile materials.
(Source:-
http://www.petra.gov.jo/Public_News/Nws_NewsDetails.aspx?Site_Id=1&lang=2&NewsID=340555&CatID=13&Type=Home>ype=1 dated 14th February-2018)
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