Chemexcil
e-Bulletin

October 2017 No. 018

Chairman's Desk

Satish-Wagh
SHRI SATISH W. WAGH
Chairman, CHEMEXCIL
 

Dear Member-Exporters,

I have pleasure to bring to you the 18th issue of the CHEMEXCIL e-Bulletin for the month of October 2017, which contains the following activities undertaken by the Council and other useful information/Notifications, etc.

  1. Chemexcil’s Indian Chemicals & Cosmetics Exhibition Dhaka, Bangladesh
  2. GST Outreach session at O/o Principal Commissioner, CGST, Mumbai South Commissionerate, Mumbai on 3rd October 2017
  3. Consultation meeting with Duty Drawback Committee on 31/10/2017 at Crowne Plaza, Ahmedabad

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 Activities

CHEMEXCIL's INDIAN CHEMICALS & COSMETICS EXHIBITION DHAKA, BANGLADESH

Chemexcil organised Indian Chemical and Cosmetics Exhibition at Dhaka, Bangladesh dated 8th -9th October, 2017 at international convention city Bashundhara Exhibition Centre (ICCB).

The exhibition was inaugurated by Mr. Shishir Kothari, Second Secretary, Commerce from the High Commission of India in Bangladesh.

The two days exhibition in Dhaka, Bangladesh was a successful event wherein the Indian manufacturers were able to showcase their capability as a supplier of steady and sustainable, low cost international quality products to Bangladesh. This exhibition turned out to be a platform for meeting potential buyers, dealers and end users of Chemicals, Agrochemicals, Cosmetics and Dyes in Bangladesh.

Bangladesh is Indian’s largest trade partner amongst the SAARC countries. It is also one of the biggest destinations of Indian exports in the SAARC region. India became the 11th largest destination for exports from Bangladesh in 2015-16. The total trade between the two countries has increased to US $ 6.14 billion in 2015-16 from US $ 5.2 billion in 2011-12.

Mr. Shishir Kothari laid the stress on organising such exhibitions every year to gain the momentum and showcase the strength to Indian industries to Bangladesh market. He also mentioned that for any trade dispute the High Commission office can assist Indian Companies / Individuals in amiable resolving their trade disputes with the Bangladeshi companies.

Participants from both the countries were highly satisfied, particularly with the extensive variety of products, services and know-how that were presented at the show. The exhibition survey revealed that maximum visitors were interested in setting up dealer networks and work through the agents to avoid payment issues. All exhibiting companies were satisfied with the good number of visitors and were able to develop new contacts for their business in Bangladesh.

GLIMPSES OF THE EXHIBITION:
Mr. Shishir Kothari, Second Secretary (Commerce) High Commission Of India, Dhaka –Bangladesh delivering Key Note Address
 
Booth visit by Mr. Shishir Kothari, Second Secretary (Commerce), High Commission India, Dhaka- Bangladesh

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GST Outreach session at O/o Principal Commissioner, CGST, Mumbai South Commissionerate, Mumbai on 3rd October 2017

The council had received intimation from the O/o Principal Commissioner, CGST, Mumbai South Commissionerate regarding GST Outreach program being organized for few sectors of the industry on 3rd October 2017.

With the roll-out of GST, exporters have been facing various issues related to GST Return filing, Transition Credit, Bond/ LUT etc and this was an excellent opportunity for exporters to interact with officers of CGST.

This two hour session was organized at the Conference Room of Mumbai South Commissionerate Office.

From CGST office, Shri Anjum Kadvi- Superintendent, CGST and his team of CGST Inspectors handled this outreach program and addressed exporters queries pertaining to practical issues in GST.

From Council side, apart from Council officer, around 14 exporters attended the session and interacted with the CGST officers.

The participants asked several queries during the interactive session on Bond/ LUT, CT1, Proof Of exports, Trans-1, GST Returns, Invoicing, Refunds, self-sealing, Input service distributor, Reverse Charge Mechanism etc which were answered satisfactorily by the officers of CGST office.

Glimpses of the GST Outreach Session at CGST Office, Mumbai
 

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Consultation meeting with Duty Drawback Committee on 31/10/2017 at Crowne Plaza, Ahmedabad

CHEMEXCIL representative along-with Shri Bhupen Bhai Patel-Regional Chairman and representatives of Meghmani Group and Sajjan India attended the consultation meeting with the esteemed Duty Drawback committee headed by Shri G.K. Pillai (former Secretary, Government of India ) with members Shri Y.G.Parande ( former member –CBEC ) and Shri Gautam Ray ( former Chief Commissioner of Customs & Central Excise ).

As per our submission before the DBK Committee, the DBK Rates 2017 announced recently for majority of items under CHEMEXCIL Purview i.e. Chapter 29, 32, 33, 34 & 38 have remained at 1.5%. However, the DBK Rates of Chapter 28 items have been reduced from 1.5% to 1.1%.

Further, in chemical items falling under Chapter 28, 29 & 32 pertaining to Dye intermediates/ Dyes/ Organic & Inorganic chemicals, the All Industry rates of Duty Drawback is only factoring Customs duty which has remained stagnant at 5%/ 7.5%. Therefore, even though customs tariff has remained stagnant DBK rates for our export products were earlier reduced in 2016 from 1.9 % to 1.5% last year. Now, after recent announcement, the DBK rates are ranging from 1.1% & 1.5 %. The gradual reduction of DBK rates adversely impacts competitiveness of exporters in current scenario specially when exporters are concerned about status of export incentives/ GST refunds/ liquidity etc.

In addition to these hindrances, it was also pointed out that there are state levies such as electricity duty, VAT on Natural gasetc which are not neutralised and are a cost to the exporters.

In view of above factors, we have requested DBK Committee to re-instate the old AIR DBK of 1.9% for majority of our items as customs duty has remained stagnant and exporters competitiveness is getting impacted due to gradual decrease in DBK rate.

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Exim Updates

Important Update on E-Seals -Implementing Electronic Sealing for Containers by exporters under self-sealing procedure prescribed by circular 26/2017-Cus dated 1st July 2017, circular 36/2017 dated 28.8.2017 and 37/2017 dated 20.9.2017

EPC/LIC/Self-Sealing 31st October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

Important Update on E-Seals -Implementing Electronic Sealing for Containers by exporters under self-sealing procedure prescribed by circular 26/2017-Cus dated 1st July 2017, circular 36/2017 dated 28.8.2017 and 37/2017 dated 20.9.2017

Dear Members,

This is in continuation of earlier circulars informing you  about  CBEC circular no.26/2017-Cus dated 1st July 2017, no. 36/2017 dated 28.8.2017 and 37/2017 dated 20.9.2017 regarding Implementation of Electronic Sealing for Containers by exporters under self-sealing procedure.The new procedure of self-sealing  was supposed to become effective  from 1st November 2017.

However, there have been concerns amongst the member exporters about the procedure/ availability  of  e-seals etc.  The council has also  sent representation to CBEC requesting clarity and time in this matter.

Taking note of the representations  from the trade/ industry, CBEC has now issued  Circular No. 41/ 2017-Customs dated 30/10/2017 providing information on various aspects of Electronic Sealing for Containers by exporters under self-sealing procedure.

The important points from the above-said circular are highlighted/ reproduced as follows:

Installation of Fixed Readers:  In order to take stock of the preparedness of the trade, field formations, the CBEC has held consultations with the vendors. It is understood that the fixed Readers are already in place at Chennai port and are being already used to monitor the movement of trucks from CFSs to the Port. During the consultations, it has also been informed that installation of fixed readers at Mangalore and Cochin will be completed by 31st October 2017. It is also learnt that hand held Readers have been provided to Kolkata Port and to all ICDs in the NCR region. It has been informed that handheld readers have been dispatched to over 50 customs stations including JNCH, Mumbai, Mundra, Pipavav, Hazira etc. Commissioner of Customs, ICD, Patparganj and Kolkata have already had a familiarization program for the officers. 

Exporter Categories for  self-sealing: Circulars 26/2017 and 36/2017 have obligated following classes of exporters to adopt RFID e-sealing:

(a) exporters already enjoying the facility of self-sealing after having been approved by jurisdictional formations under the erstwhile procedures;

(b) exporters who have hitherto been availing of supervised sealing and have been automatically entitled to avail of self-sealing using RFID e-seals, without having to expressly seek any permission/approval of the jurisdictional commissioner for this purpose; 

(c) AEOs, regardless of whether they were self-sealing or undertaking supervised sealing, have also been entitled to avail of the new procedure;

(d) Lastly, all exporters have been extended this facility subject to their filing GST returns but after seeking permission for self-sealing from the jurisdictional Commissioner as per procedure prescribed under para 9(iii) of circular 26/2017-Cus dated 1st July 2017.

The procedure prescribed under the above circulars applies only to cargo in full container load, sealed at an approved premise, by an entitled exporter. In case of an FCL being received at a Port or ICD under self-sealing using RFID e-seals, prescribed under circular 36/2017Customs dated 28th August 2017, it shall be deemed to be equivalent to a container sealed under the erstwhile system of officer supervised sealing. Unless and until there are good reasons or intelligence to warrant inspection of such containers, there shall be no need for examination of such containers once the RFID e – seal is read as intact or not tampered.

In case an RFID seal affixed on a self-sealed container is found tampered, the same shall be subject to examination as already prescribed under para 2(f) of Circular 36/2017-Cus dated 28th August 2017. However, after examination, the further movement of such a container shall not be under the RFID e-seal procedure. The existing system of using the traditional bottle seals by customs shall continue for such movements. 

Full containers brought to Ports without RFID e-seals shall be taken to a CFS or allowed direct port entry, as the case may be, and will be subject to usual RMS treatment. Similarly, Full Containers Loads arriving at ICDs, but without RFID e-seals, will be subject to usual risk management parameters.

The procedure under the subject circulars does not apply to export of non-containerized cargo or Air cargo or for movement of cargo from CFSs to ICDs/Ports or cargo exported through Land Customs Stations. Extant practices in respect of such cargo shall continue.

The issue of the type of readers that vendor shall provide to customs has also been raised. The Board has permitted vendors to either provide fixed readers, in consultation with custodians at Ports and ICDs, or provide handheld Readers. Due to the flexibility provided by Handheld Readers, in as much as officers can use them to read seals at the point of entry or at the place of stacking or when containers are being loaded for further movement, the same are preferred. Vendors are advised that when they provide fixed readers, services must be supported with handheld readers so that officers can carry out additional checks at any point within the Port/ICD. Accordingly, the readers to be provided shall be: (a) Rugged and capable of withstanding shocks and vibrations and be generally adapted to outdoor/industrial environment. (b) Integrated devices with a large display screen for viewing of data fields specified in para 4 of circular 36/2017 customs.  (c) The aforesaid data elements shall be displayed on the Reader display, on scanning of the e-seal by Customs.

Furthermore, all vendors shall provide an application on a desktop computer to be made available by field formations so that e-sealing data pushed to the destination customs port / ICD is searchable in terms of any of the data elements prescribed under para 4 (a) of circular 36/2017 customs. The said application may be made available in reasonable time but not exceeding 30 days from the date of this circular. In the meantime, the data elements shall be transmitted in excel format to risk management division (RMD) and the concerned field formation from where the cargo is to be exported. Field formations and RMD are advised to immediately communicate the email IDs for this purpose to vendors.

It is also re-iterated that data once uploaded by the exporter should not be capable of edited or deleted.

The web application shall capture the location where the RFID e-seal is read.

The vendors shall transmit the IEC details of such exporters who have purchased the RFID e-seals to RMD on a daily basis. The IEC number and the name of exporter shall be provided only when the vendor makes the first sale to the exporter; there is no need transmit the details of the exporter each time a sale is made.

The vendors shall make all efforts to serve the requirements of maximum number of exporters by providing the RFID e-seals. They shall also provide Readers to all the customs stations from where the client exporters are exporting their cargo. The department reserves its right to direct vendors to provide Readers at any particular port/ICD.

List of Stations where readers are installed: The list of stations where Readers have been provided by Vendors is annexed to this circular. As and when coverage is extended by vendors to more customs stations, they shall be included in the list of Ports / ICDs where e-sealing would be mandatory. While for the benefit of the trade, Board shall update the list of Customs stations from time to time, field formations are advised to issue trade notices regarding availability of Readers as soon as these are available at their Port/ICD.

Applicable Dates:   It  has been decided that mandatory e-sealing for different classes of exporters shall be brought in a phased manner as indicated below:

In respect of all exporters who have been permitted self-sealing facilities under erstwhile procedures and exporters who are AEOs, it would be mandatory to seal their export containers with prescribed RFID e-seal w.e.f 8th  Nov. 2017. Any non-compliance will subject the containers to usual RMS parameters.

In respect of the category of exporters who are availing supervised stuffing at their premises, extant practice of supervised stuffing may continue till 19th November 2017. With effect from 20th November 2017, they shall have to switch to RFID e-sealing procedures.

Regarding the exporters who have newly applied to the jurisdictional customs authority for self-sealing permission under circular 26/2017-Cus dated 1st July 2017, they shall commence use of the facility subject to grant of permission and upon adoption of RFID e-sealing.

The applicable date for RFID e-sealing implies that exporters are required to use this procedure from the prescribed date. Any container sealed at the exporters premises before the prescribed date, shall not be required to be brought with RFID e-seal.

It is also clarified that those exporters who are in possession of RFID e-seals are at liberty to commence availing the facilitative procedures forthwith. It may be recalled that vide circular 37/2017-Cus, the e-sealing procedure had been made voluntary subject to availability of reader facilities.

As the RFID e-seal based self-sealing procedure has been introduced as a measure of export facilitation, the field formations are advised to guide the exporters and work closely with the private service providers for smooth roll-out of the system.

The procedures in respect of customs stations where readers have not been provided by any vendor so far shall continue till 31st December 2017, as per existing practice. Board shall take necessary steps to make sure that the readers are made available at such customs stations by 1st January 2018. 

Members are requested to take of above circular and for additional details may refer to  the original circular available for download using below link.  Members may inform their CHA/ Logistics providers so that they do the needful accordingly.   In case of any issues, please write to us on Deepak.gupta@chemexcil.gov.in & balani.lic@chemexcil.gov.in .  



Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL

Circ41-2017 cs (self sealing)

 

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GST : Form GST TRAN-1 submission (with revision facility) extended to 30th November 2017 Eleventh Amendment to CGST Rules, 2017 Others

EPC/LIC/GST 30th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

GST : Form GST TRAN-1 submission (with revision facility) extended to 30th November 2017 Eleventh Amendment to CGST Rules, 2017 Others

Dear Members,

We would like to inform you that  CBEC/ GST has issued new Notifications/ Orders issued for extending the time limit for furnishing GST TRAN-1 submission (with revision facility), other FORMS and further amendment in  the CGST Rules.

The important notifications/ Circulars  issued are  highlighted as follows for your information:

Circulars/Orders

Circular No.

English

Date of issue

Subject

Order-08/2017-GST

View(197 KB)

28-10-2017

Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A

Order-07/2017-GST

View(64 KB)

28-10-2017

Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 117

Order-06/2017-GST

View(196 KB)

28-10-2017

Extension of time limit for submitting application in FORM GST REG-26

Order-05/2017-GST

View(201 KB)

28-10-2017

Extension of time limit for intimation of details of stock in FORM GST CMP-03

http://www.cbec.gov.in/htdocs-cbec/gst/cgst-circ-idx-2017

Central Tax Notifications

Notification No. & Date of Issue

English

Subject

53/2017-Central Tax ,dt. 28-10-2017

View (340 KB)

Seeks to extend the due date for submission of details in FORM GST-ITC-04

52/2017-Central Tax ,dt. 28-10-2017

View (201 KB)

Seeks to extend the due date for submission of details in FORM GST-ITC-01

51/2017-Central Tax ,dt. 28-10-2017

View (210 KB)

Eleventh Amendment to CGST Rules, 2017

 http://www.cbec.gov.in/htdocs-cbec/gst/central-tax-notfns-2017

Integrated Tax (Rate) Notifications

Notification No. & Date of Issue

English

Subject

42/2017-Integrated Tax (Rate) ,dt. 27-10-2017

View (120 KB)

Seeks to amend notification No. 9/2017- Integrated Tax (Rate) so as to exempt IGST on inter-state supply of services to Nepal and Bhutan against payment in INR.

http://www.cbec.gov.in/htdocs-cbec/gst/integrated-tax-rate-2017

Members are requested to take note of some of the  above notifications/ circulars.  Original texts of all above notifications are available on the above hyperlinks:

Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL

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DGFT -Important Public Notices issued regarding EPCG Scheme

EPC/LIC/DGFT/EPCG 26th Oct 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

DGFT -Important Public Notices issued regarding EPCG Scheme

Dear Members,

Kindly note that O/o DGFT New Delhi has issued several important Public Notices on 25/10/2017  regarding EPCG scheme.

As an effect of these PN’s, there will be relaxations to allow onetime condonation of time period in respect of obtaining block-wise extension in Export Obligation period,  Onetime condonation of time period in respect of obtaining extension in Export Obligation period  and Acceptance of installation certificate under EPCG Scheme by the RAs wherein installation certificate is submitted beyond 18 months.

For the sake of convenience, the PN details are as follows:

PUBLIC NOTICE NO.

DATE

SUBJECT

37/2015-2020

25.10.2017

Acceptance of installation certificate under EPCG Scheme by the RAs wherein installation certificate is submitted beyond 18 months.

36/2015-2020

25.10.2017

Onetime condonation of time period in respect of obtaining extension in Export Obligation period under EPCG Scheme.

35/2015-2020

25.10.2017

Onetime condonation of time period in respect of obtaining block-wise extension in Export Obligation period under EPCG Scheme.

Members are requested to take note of the same and regularise their old cases, if any,  accordingly.   The said PNs can be accessed by  clicking the hyperlinks in above table or below link on www.dgft.gov.in  :

http://dgft.gov.in/exim/2000/pn/pn17/indexpn2017-2018.html

Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL

http://chemexcil.in/uploads/files/PN_35_english.pdf
http://chemexcil.in/uploads/files/PN_No.36(e)_.pdf
http://chemexcil.in/uploads/files/PN_No.37(e)_.pdf

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DGFT Enhancement in the validity period of Duty Credit Scrips issued on or after 01.01.2016

EPC/LIC/DGFT 25th  Oct 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

DGFT Enhancement in the validity period of Duty Credit Scrips issued on or after 01.01.2016

Dear Members,

Kindly note that O/o DGFT New Delhi has Issued  Public Notice No.33/2015-2020 dated 23/10/2017  regarding enhancement  in validity period of Duty Credit Scrips issued on or after 01.01.2016.

As you are aware, the existing validity of Duty Credit Scrip is  18 months from the date of issue and must be valid on the date on which actual debit of duty is made. Revalidation of Duty Credit Scrip shall not be permitted unless covered under paragraph 2.20(c) of HBP.

However, as an effect of this Public Notice, Duty Credit Scrip issued on or after 01.01.2016 under chapter 3 shall be valid for a period of 24 months from the date of issue and must be valid on the date on which actual debit of duty is made. Revalidation of Duty Credit Scrip shall not be permitted unless covered under paragraph 2.20(c) of HBP.

Members are requested to take note of this positive development and utilise accordingly.   The above-said PN can also be accessed using below link:

http://dgft.gov.in/Exim/2000/PN/PN17/PN%2033%20in%20english.pdf

Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL

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DGFT Onetime relaxation for EO extension and clubbing of Advance Authorisations

EPC/LIC/DGFT 25th  Oct 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

DGFT Onetime relaxation for EO extension and clubbing of Advance Authorisations

Dear Members,

Kindly note that O/o DGFT New Delhi has Issued  Public Notice No.34/2015-2020 dated 24/10/2017   regarding one time relaxations in the provisions of extension of export obligation period and clubbing of advance Authorisations.

For the sake of convenience, the  PN is reproduced/ highlighted as follows:

Facility of Clubbing of Advance Licences/Authorisations:

Onetime relaxation of Para 4.38(i) of Handbook of Procedures 2015-2020, for clubbing of Advance licenses / Authorisations issued under Foreign Trade Policy 2002-2007 and 2004-09 is hereby permitted.

Request for clubbing shall be made in ANF-4C to the respective RAs along with prescribed documents. RA shall process the cases as per Para 4.38 of Handbook of Procedures 2015-2020. The last date for submission of such application shall be 31.3.2018. Any applications received in RA, after 31.3.2018 shall not be entertained for clubbing and case shall be regularized either under Para 4.49 of HBP or by initiation of adjudication proceedings on or before 31.05.2018 positively.

No clubbing shall be permitted in respect of Authorisations where misrepresentation / fraud have come to the notice of RA. Further, no clubbing of Authorisations, where EODC/redemption letter has already been issued or adjudication orders have already been passed by RA/Customs Authority, shall be permitted.

Extension of Export Obligation Period:

Onetime relaxation is provided for extending Export Obligation (EO) period subject to the conditions specified below.
Exports made under Advance Licences/Authorisations issued under Foreign Trade Policy 2002-07, Foreign Trade Policy 2004-2009 and Advance authorisations issued prior to 5.6.2012 under Foreign Trade Policy 2009-14 shall be regularized by way of extension of Export Obligation Period, as per the procedure prescribed below:

Where exports have been made within 36 months from the date of issue of Advance Licences / Authorisations, same shall be regularized without insisting for any composition fee, except the cases where authorizations issued under Policy circular No-9 dated 30.6.2003/ or items covered under Appendix-30 A of HBP 2004-09/ HBP 2009-14.

For the exports made after 36 months but within 48 months shall be regularized on payment of composition fees as follows:

@ 0.5% per month of FOB value of exports made after 36 months but within 42 months

@ 1% per month of FOB value of exports made after 42 months but within 48 months

 c. For Authorisations issued under Policy circular No-9 dated 30.6.2003 or inputs covered under Appendix-30A   of HBP 2004-09 / HBP 2009-14: Extension of export obligation period can be granted for a period equivalent to   half of the stipulated initial export obligation period on payment of composition fee as follows:

@0.5% per month of FOB if exports made within initial export obligation period is more than 50% of stipulated EO.

@ 1% per month of FOB if exports made within initial export obligation period is less than 50% of stipulated EO.

d. Request for extension of Export obligation period shall be filed in respective RAs, on or before 31.3.2018. Any applications received after 31.3.2018 shall not be considered as per this Public notice.

e. Only shipping bills which bear file number/ Advance Authorisation number in question shall be taken into account. No free shipping bills shall be allowed to be accounted.

f. No extension in EO would be allowed in respect of Authorisations where misrepresentation / fraud have come to the notice of RA. Further, no extension of Authorisations, where adjudication orders have already been passed by RA/Customs Authority, shall be permitted.

Members are requested to take note of this important relaxation and regularise there old cases accordingly.   The above-said PN can also be accessed using below link:

http://dgft.gov.in/Exim/2000/PN/PN17/PN%2034%20in%20english.pdf

Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL

http://chemexcil.in/uploads/files/PN_34_in_english_(EO_and_clubbing).pdf

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GSTR-3B Waiver of late fee on filing of GSTR-3B for August and September, 2017

EPC/LIC/GSTR-3B 25th  Oct 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

GSTR-3B Waiver of late fee on filing of GSTR-3B for August and September, 2017

Dear Members,

Kindly note that  the Central Government, on the recommendations of the Council,  has decided to waive off  the  late fee on filing of GSTR-3B for August and September, 2017.

Taking cognizance of the difficulties faced by the  tax payers during return filing process, above trade facilitation measure has  been notified  vide Not No. 50/2017 – Central Tax dated 24/10/2017.

http://www.cbec.gov.in/resources//htdocs-cbec/gst/notifctn-ct-50.pdf

Members are requested to take note of above.

Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL

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NOTIFICATION NO. 41/2017 Integrated tax (Rate) Notification to prescribe Integrated Tax rate of 0.1% on inter-State supply of taxable goods by a registered supplier to a registered recipient for export subject to specified conditions.

EPC/LIC/Notification No. 41 24th  Oct 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

NOTIFICATION NO. 41/2017 Integrated tax (Rate) Notification to prescribe Integrated Tax rate of 0.1% on inter-State supply of taxable goods by a registered supplier to a registered recipient for export subject to specified conditions.

Dear Members,

We would like to inform you that Govt. of India, Ministry of Finance, Department of Revenue, has issued Notification No. 41/2017 -- Integrated Tax (Rate)  dated 23rd Oct., 2017 informing that exempts the inter-State Supply of taxable goods by a registered supplier to a registered recipient for export from so much of the integrated tax leviable, thereon under Section 5 of the Integrated Good and Services Tax Act, 2017 (13 of 2017), and in the excess of the amount  calculated at the rate of 0.1 per cent, subject to fulfilment of the following conditions, i.e.

1.Registered supplier shall supply the goods to the registered recipient on a tax invoice.

2.The registered recipient shall export the said goods with a period of ninety days from the date of issue of a tax  invoice by the registered supplier.

3.The Registred recipient shall indicate the Goods and Services Tax Identification Number of the registered supplier and the tax invoice number issued by the registered supplier in respect of the said goods in the shipping bill or bill of export, as the case may be.

4.The registered recipient shall be registered with a Export Promotion Council or a Commodity Board recognized by the Department of Commerce.

5 The registered recipient shall place an order on registered supplier for procuring goods at concessional rate and a copy of the same shall also be provided to the jurisdictional tax officer of the registered supplier.

6.The registered recipient shall move the said goods from place of registered supplier –

a. Directly to the Port, Inland Container Deport, Airport or Land Customs Station from where the said goods are to be exported, or

b.Directly to a registered warehouse from where the said goods shall be move to the Port, Inland Container Deport, Airport or Land Customs Station from where the said goods are to be exported.


7. If the registered recipient intends to aggregate supplies from multiple registered suppliers and then export, the goods from each registered supplier shall move to a registered warehouse and after aggregation, the registered recipient shall move goods to the port, Inland container deport, airport or land customs station from where they shall be exported.

8. in case of situation referred to in condition (vii) the registered recipient shall be endorsed the receipt of good on the tax invoice and also obtain acknowledge of receipt of goods in the registered warehouse from the warehouse operator and the endorsed tax invoice and the acknowledgement of the warehouse operator shall be provided to the registered supplier as well as to the jurisdictional tax officer of such supplier, and

9. when goods have been exported, the registered recipient shall provide copy of shipping bill or bill of export containing details of Goods and Services Tax Indetification Number (GSTIN) and tax invoice of the registered supplier alongwith proof of export general manifest or export report having been filed to the registered supplier as well as jurisdictional tax officer of such supplier.2. The registered supplier shall not be eligible for the above mentioned exemption if the registered recipient fails to export the said goods within a period of Ninety days from the date of issue of Tax Invoice.

Members are requested to take  note of the same.  For complete details, you may use below link to download the original Notification- 41/2017 Integrated Tax (Rate)

Thanking You,
Yours faithfully,
(S. G. Bharadi)
Executive Director

http://chemexcil.in/uploads/files/Notification_No_41.pdf

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Announcements by ECHA on the use of Zinc oxide and clarification for downstream users of Cromium VI Compounds

EPC/REACH 23rd Oct 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

Announcements by ECHA on the use of Zinc oxide and clarification for downstream users of Cromium VI Compounds

Dear Members,

The European Chemical Agency (ECHA) recently  published following regulation/information in respect of  the use of Zinc Oxide in cosmetic products  and clarification for downstream users of Chromium VI Compounds. The copy of the said regulation is attached for your ready reference.

1. EC  regulation on the use of zinc oxide in cosmetic products 

The European Commission adopted a regulation No 2017/1413  of 3 August 2017, amending Annex IV to Regulation (EC) No 1223/2009 on cosmetic products. The decision to amend the regulation is based on the opinion of Scientific Committee on Consumer Safety (SCCS) which considered that in view of the lung inflammation induced by zinc oxide particles after inhalation, the use of zinc oxide in cosmetic products that may result in exposure of the consumer's lungs to zinc oxide by inhalation was of concern. Hence the use of zinc oxide as a colorant, in its uncoated non-nano form, in cosmetic products should be restricted to those applications which may not lead to exposure of the end-user's lungs by inhalation.

From 24 February 2018, only cosmetic products which comply with this Regulation shall be placed on the Union market. This Regulation shall be binding in its entirety and directly applicable in all Member States. The relevant EU  regulation is attached for information.

2. Clarification by ECHA for downstream users of Chromium VI Compounds after Sunset date of 21 September 2017

The European Chemical Agency (ECHA) through a Q & A published in its website has clarified that downstream users can continue using Chromium VI compounds after the sunset of the substance which is on 21 September 2017 even if the Commission has not decided to grant or not to grant an authorisation. This continuation is possible, if a company up their supply chain, has applied for an authorisation for their use before the latest application date for this substance, which was 21 March 2016.

As long as the authorisation is pending, the downstream users do not need to do anything extra. Once the Commission has made its decision, and if an authorisation is granted, downstream users will need to notify their use to ECHA. If the Commission has made the decision of granting an authorisation users  must notify the use to ECHA three months from the first delivery of the substance. The notification needs to refer to the specific authorisation number indicated in the label of the product and the safety data sheet they receive from your supplier, which corresponds to your use. For the companies which need more information, they can contact via: ECHA: application-authorisation@echa.europa.eu.<

All members are requested to please take a note of it.

Thanking You,
Yours faithfully
Prafulla Walhe
Deputy Director

Commission Regulation No. 1413

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IGST Refunds Validation of Bank Accounts in the Public Financial Management System (PFMS)/ Issues hindering the disbursal of IGST Refund

EPC/LIC/JNCH 18th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

IGST Refunds Validation of Bank Accounts in the Public Financial Management System (PFMS)/ Issues hindering the disbursal of IGST Refund

Dear Members,

We have received communication from the Assistant Commissioner of Customs,  Drawback, Air Cargo Complex, Mumbai  with list of Exporters along with their IEC No. wherein IGST Export Refund could not be generated because of any of the certain  deficiencies.

We are given to understand that the process of disbursal of IGST Export Refund requires  updated and validated Bank Account in PFMS.  Also the Bank Account details of Custom EDI/ ICEGATE  be same as that mentioned in GSTN.  Further, GSTR1 in specific reference to table 6A and GSTR3 Refund should be filed. Also the EGM Error if any should be corrected on priority. Deficiency in any of the above mentioned prerequisite will hinder the disbursement of IGST Export Refund.

In this regard, we would like to inform you that  Jawaharlal Nehru Custom House (JNCH)has issued also Public Notice No. 123/2017 dated 28/09/2017  regarding  Validation of Bank Accounts in the Public Financial Management System (PFMS) for speedy & smooth disbursal of IGST (Integrated Goods & Services Tax) Export refund.  However, in order to avail the IGST refund, it is mandatory that the exporters have validated their bank accounts by “Public Financial Management System (PFMS)”. If bank accounts of the exporters are closed and/or not validated by PFMS, then the IGST refund, even if sanctioned, may not get credited to the accounts of the exporters.

As per above PN, it is reported to JNCH  that “closed” bank accounts of the exporters still exist in the system and PFMS has invalidated such accounts making the prospective disbursal of IGST refund to such closed accounts impossible.  The list of list of accounts, which are not validated by PFMS pertaining JNCH(Export) is uploaded on the website of the “Jawahar Lal Nehru Customs House” (http://www.jawaharcustoms.gov.in) under the heading “Latest Updates” for wider publicity and necessary action at the end of the concerned exporters.

Members are requested to take note of the same and advised to get the anomalies rectified, if any, to ensure disbursement of  IGST Refunds.

Thanking you.
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL

Enclosure:- IEC_BNK_CD
Email Copy

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Important GST : Notifications to exempt integrated tax and compensation cess on import of goods under AA/EPCG schemes / Notification to exempt goods imported by EOUs from integrated tax and compensation cess / Others

EPC/LIC/GST 16th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

Important GST : Notifications to exempt integrated tax and compensation cess on import of goods under AA/EPCG schemes / Notification to exempt goods imported by EOUs from integrated tax and compensation cess / Others

Dear Members,

As you are aware, GST Council in its 22nd meeting of 6th  October 2017, had  recommended an export package  to provide relief to the small exporters.

In this regard, CBEC has now issued various supporting notifications regarding exemption of IGST & Cess under AA/EPCG/by EOU’s,  NIL GST on sale of MEIS scrips etc.

Some of the important/ relevant notifications issued so far are  highlighted as follows for your information:

Customs Notifications

Notification Search: 

Notification No. & Date of Issue

English

Subject

79/2017-Cus,dt. 13-10-2017

View (237 KB)

Seek to amend various Customs exemption notifications to exempt Integrated Tax/Cess on import of goods under AA/EPCG. schemes

78/2017-Cus,dt. 13-10-2017

View (234 KB)

Seeks to exempt goods imported by EOUs from integrated tax and compensation cess

Central Tax Notifications

45/2017-Central Tax,dt. 13-10-2017

View (342 KB)

Seeks to amend the CGST Rules, 2017

40/2017-Central Tax,dt. 13-10-2017

View (342 KB)

Seeks to make payment of tax on issuance of invoice by registered persons having aggregate turnover less than Rs 1.5 crores

Central Tax (Rate) Notifications

Notification No. & Date of Issue

English

Subject

35/2017-Central Tax (Rate) ,dt. 13-10-2017

View (258 KB)

Seeks to amend notification No. 2/2017-Central Tax (Rate).

32/2017-Central Tax (Rate) ,dt. 13-10-2017

View (307 KB)

Seeks to amend notification No. 12/2017-CT(R).

Integrated Tax Notifications

10/2017-Integrated Tax,dt. 13-10-2017

View (82 KB)

Seeks to exempt persons making inter-State supplies of taxable services from registration under section 23(2)

Integrated Tax (Rate) Notifications

Notification No. & Date of Issue

English

Subject

39/2017-Integrated Tax (Rate) ,dt. 13-10-2017

View (181 KB)

Seeks to amend notification No. 8/2017-Integrated Tax (Rate).

36/2017-Integrated Tax (Rate) ,dt. 13-10-2017

View (258 KB)

Seeks to amend notification No. 2/2017-Integrated Tax (Rate).

33/2017-Integrated Tax (Rate) ,dt. 13-10-2017

View (275 KB)

Seeks to amend notification No. 9/2017-IT(R) .

32/2017-Integrated Tax (Rate) ,dt. 13-10-2017

View (62 KB)

Seeks to exempt payment of tax under section 5(4) of the IGST Act, 2017 till 31.03.2018

       

Members are requested to take note of some of the  above notifications issued so far.  Notifications which are pending shall be disseminated once issued.

Original texts of all above notifications are available on below links:

http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-act/notifications/notfns-2017/cs-tarr2017/cs79-2017.pdf

http://www.cbec.gov.in/htdocs-cbec/customs/cs-act/notifications/notfns-2017/cs-tarr2017/cs78-2017.pdf

http://www.cbec.gov.in/htdocs-cbec/gst/central-tax-notfns-2017

http://www.cbec.gov.in/htdocs-cbec/gst/central-tax-rate-notfns-2017

http://www.cbec.gov.in/htdocs-cbec/gst/integrated-tax-notfns-2017

http://www.cbec.gov.in/htdocs-cbec/gst/integrated-tax-rate-2017

Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL

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DGFT Amendments in Foreign Trade Policy 2015-20

EPC/LIC/DGFT 16th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

DGFT Amendments in Foreign Trade Policy 2015-20

Dear Members,

Kindly note that O/o DGFT New Delhi has issued  Notification no 33/2015-2020 dated 13th Oct 2017   regarding  Amendments in Foreign Trade Policy 2015-20  which are  in line with recent recommendations  by GST Council.

With effect of this notification, various provisions of Foreign Trade Policy 2015-20 are amended to enable certain additional duties/taxes/cess exemptions for Advance authorisations, EPCG Authorisations and units under EOU/EHTP/ STP/BTP Scheme.

Members are requested to take  note of the same.  For complete details, you may use below link to download the original notification-

http://dgft.gov.in/Exim/2000/NOT/NOT17/Notification_No._33_(English).pdf

Thanking You,
Yours faithfully,
(S.G. BHARADI)
Executive Director
CHEMEXCIL

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GST Portal : Advisories issued by GST Portal on discrepancies faced

EPC/LIC/GST_PORTAL 13th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

GST Portal : Advisories issued by GST Portal on discrepancies faced

Dear Members,

Kindly note that  GST Portal (www.gst.gov.in)  has issued various advisories regarding discrepancies  in summary of invoices or not uploading of invoice by supplier  etc.

The gist of advisories issued are as follows:

12/10/2017

Advisory for Discrepancy in summary of invoices and other details displayed in the Offline tool and that shown in the excel sheet

12/10/2017

Advisory for Discrepancy between summary shown in Offline Tool and that in the Tile, on the Form GSTR-1 at the GST Portal after uploading of json file

11/10/2017

Advisory to Recipient Taxpayer if Supplier Taxpayer does not upload an invoice

Members are requested to take note of above.  In case you are facing similar issues, please click on the above hyperlinks or visit  https://www.gst.gov.in/newsandupdates for details.

Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR

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GST: CBEC Instructions to field formations for Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017

EPC/LIC/IGST_REFUNDS 10th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

GST: CBEC Instructions to field formations for Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017

Dear Members,

As you are aware, GST Council has recommended that IGST refunds for exports made in July 2017  shall be done expeditiously i.e. start  by  10.10.2017.

In this regard,  CBEC has issued Instructions to the field Formations  (Local Commissionerates)  vide reference no. 15/2017 & 16/2017  both  dated 09/10/2017  for smooth handling of the Refunds of IGST paid on export of goods (by exporters) under Rule 96 of CGST Rules 2017, in line with recommendations of the 22nd GST Council Meeting dt. 6 Oct. 2017.

Though these instructions are meant  for field formations, the same  are highlighted below, so that members can do the needful wherever applicable-

Export General Manifest filing by Shipping lines/ carriers

Filing of correct EGM is a must for treating shipping bill or bill of export as a refund claim. Field formations shall ensure  that the concerned airlines/ shipping lines/ carriers file EGM/ Export report within prescribed time. Cases which remain in EGM error due to any reason should be followed up to ensure that records are updated at the gateway port, especially for ICDs.

Exporters are also advised that they may follow up with their carriers to ensure that correct EGM/ export reports are filed in a timely manner.

Details of export supplies in Table 6A of GSTR-1

The details of zero rated supplies declared in Table 6A of return in Form GSTR-1 are matched electronically with the corresponding details available in Customs Systems as per details provided in shipping bills/ bill of export. Thus exporters must file their GSTR-1 very carefully to ensure that all relevant details match. For their convenience, the details available in the Customs System have been made available for viewing in their ICEGATE login.

Exporters who have not filed their GSTR-1 for month of July 2017 may be advised to do so immediately.
For month of August 2017 and subsequent months, facility of filing GSTR-1 has not been made available by GSTN at present. In order to facilitate processing of refunds, GSTN is making available a separate utility for filing details in Table 6A of GSTR-1 on the GSTN Web portal. Exporters are  advised to submit the requisite details once GSTN develops the utility.

Valid return in Form GSTR-3 or Form GSTR-38

Filing of valid return in GSTR -3 or GSTR -3B is another pre-condition for considering shipping bill/ Bill of export as claim for refund.  Exporters are be advised that they must file these returns expeditiously without waiting for the last date, to ensure that their refund is processed in a timely manner.

Bank account details

As per Rule 96 of CGST Rules 2017, the refund is to be credited in the bank account of the applicant mentioned in his registration particulars.

In the given circumstances, existing system will  be used by concerned authority  to make payment of refund of IGST on Exports w.e.f. 10th October 2017 till l4th October 2017. The payment through PFMS portal would be started from 16th  October 2017.

Later on as the refund payments will be routed through the PFMS the bank account details need to be verified and validated by PFMS. The status of validation of bank account with PFMS is available in ICES. Exporters are advised that if the account has not been validated by PFMS, they must get their details corrected in the Customs system so that their bank account gets validated by PFMS. Exporters are also advised not to change their bank account details frequently to avoid delay in refund payment.

Processing of refund claims

Detailed EDI procedure for processing of claims and generation of refund scrolls is being circulated by Directorate of Systems. Proper officers may be designated in each Commissionerate, who should be in readiness to start generating refund scrolls from 10.10.2017 onwards.

Guidelines and procedures for filing and  processing of refunds of IGST paid on export goods for exports made under manual (non-EDI) shipping bills shall be communicated separately.

The original instructions to field formations  can be referred using below links-

http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-instructions/cs-instructions-2017/cs-ins-16 igst.pdf
http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-instructions/cs-instructions-2017/cs-ins-15 igst.pdf

Members are requested to take note of same and do the needful, wherever needed.     In case of any issues, members  may revert to us on deepak.gupta@chemexcil.gov.in  and balani.lic@chemexcil.gov.in .

Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL

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Important GST : Recommendations made during 22nd GST Council meeting of 06/10/2017 Relief Package for Exporters

EPC/LIC/GST_EXPORTS 9th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

Important GST : Recommendations made during 22nd GST Council meeting of 06/10/2017 Relief Package for Exporters

Dear Members,

The GST Council, in its 22nd meeting held at New Delhi on 6th  October 2017, has recommended the following facilitative changes to ease the burden of compliance on small and medium businesses.

General Relief Measures  for Small and Medium Enterprises

The composition scheme shall be made available to taxpayers having annual aggregate turnover of up to Rs. 1 crore as compared to the current turnover threshold of Rs. 75 lacs.

Quarterly Return Filling for  aggregate turnover up to Rs. 1.5 crores:

To facilitate the ease of payment and return filing for small and medium businesses with annual aggregate turnover up to Rs. 1.5 crores, it has been decided that such taxpayers shall be required to file quarterly returns in FORM GSTR-1,2 & 3 and pay taxes only on a quarterly basis, starting from the Third Quarter of this Financial Year i.e. October-December, 2017.  The registered buyers from such small taxpayers would be eligible to avail ITC on a monthly basis. The due dates for filing the quarterly returns for such taxpayers shall be announced in due course. Meanwhile, all taxpayers will be required to file FORM GSTR-3B on a monthly basis till December, 2017.  All taxpayers are also required to file FORM GSTR-1, 2 & 3 for the months of July, August and September, 2017. Due dates for filing the returns for the month of July, 2017 have already been announced. The due dates for the months of August and September, 2017 will be announced in due course.

Reverse charge mechanism suspended till 31.03.2018:

It will be reviewed by a committee of experts. This will benefit small businesses and substantially reduce compliance costs.

Relaxation from Registration for inter-state supplies:

Anyone making inter-state taxable supplies, except inter-State job worker, is compulsorily required to register, irrespective of turnover.  It has now been decided to exempt those service providers whose annual aggregate turnover is less than Rs. 20 lacs (Rs. 10 lacs in special category states except J & K) from obtaining registration even if they are making inter-State taxable supplies of services. This measure is expected to significantly reduce the compliance cost of small service providers.

Relaxation in GST on advances:

The requirement to pay GST on advances received was  proving to be burdensome for small dealers and manufacturers. In order to mitigate their inconvenience on this account, it has been decided that taxpayers having annual aggregate turnover up to Rs. 1.5 crores shall not be required to pay GST at the time of receipt of advances on account of supply of goods. The GST on such supplies shall be payable only when the supply of goods is made.

NIL GST on GTA services to un-registered person:

It has come to light that Goods Transport Agencies (GTAs) are not willing to provide services to unregistered persons. In order to remove the hardship being faced by small unregistered businesses on this account, the services provided by a GTA to an unregistered person shall be exempted from GST.<

The e-way bill system shall be introduced in a staggered manner with effect from 01.01.2018 and shall be rolled out nationwide with effect from 01.04.2018. This is in order to give trade and industry more time to acclimatize itself with the GST regime.

After assessing the readiness of the trade, industry and Government departments, it has been decided that registration and operationalization of TDS/TCS provisions shall be postponed till 31.03.2018.

Relief Package for Exporters

The GST Council  has also approved a major relief package  with immediate effect for exporters keeping in mind the difficulties faced by exporters post-GST impacting their competitiveness.

For the sake of your convenience, the export related measures are highlighted/ reproduced as follows :

IGST Refunds of exporters:

By 10.10.2017, the held-up refund of IGST paid on goods exported outside India in July would begin to be paid. The August backlog would get cleared from 18.10.2017 and refunds for subsequent months would be handled expeditiously. Other refunds of IGST paid on supplies to SEZs and of inputs taxes on exports under Bond/LUT, shall be processed from 18.10.2017 onwards. For this, the Government  has  agreed to suitably empower Central and State GST officers so that exporters get refunds from one authority only. Related matters of settlement of funds are being resolved.

Exemption from IGST on supplies/ Imports against Advance Authorization (AA) / Export Promotion Capital Goods (EPCG) / 100% EOU schemes to sourcing inputs etc.

To prevent cash blockages of exporters due to upfront payment of GST on inputs etc. the Council approved two proposals, one for immediate relief and the other for providing long term support to exporters.     Immediate relief is being given by extending the Advance Authorization (AA) / Export Promotion Capital Goods (EPCG) / 100% EOU schemes to sourcing inputs etc. from abroad as well as domestic suppliers. Holders of AA / EPCG and EOUs would not have to pay IGST, Cess etc. on imports. Also, domestic supplies to holders of AA / EPCG and EOUs would be treated as deemed exports under Section 147 of CGST/SGST Act and refund of tax paid on such supplies given to the supplier

Merchant exporters:

Will now have to pay nominal GST of 0.1% for procuring goods from domestic suppliers for export. The details would be released soon.

E-Wallet for exporters w.e.f 1st April 2018:

The permanent solution to cash blockage is that of "e-Wallet" which would be credited with a notional amount as if it is an advance refund. This credit would be used to pay IGST, GST etc. The details of this facility would be worked out soon. The Council desired that the “e-Wallet” solution should be made operational w.e.f. 1st April 2018.

Exemption from Bond / BG: 

This facility has already been extended few days back and now exporters have been exempted from furnishing Bond and Bank Guarantee when they clear goods for export, except those who have been prosecuted for any offence under the Central Goods and Services Tax Act, 2017 or the Integrated Goods and Services Tax Act, 2017  or any of the existing laws in force in a case where the amount of tax evaded exceeds two hundred and fifty lakh rupees.

NIL GST on sale of MEIS Scrips

To restore the lost incentive on sale of duty credit scrips, the GST on sale-purchase of these scrips is being reduced from 5% to 0%.

GST on bunker fuel is being reduced to 5% for both coastal vessels and foreign going vessels. This will boost coastal shipping. It will also improve India's competitiveness.

The government is confident that these measures would provide immediate relief to the export sector and enhance export competitiveness of India.

Members are requested to take of all above and benefit from same.  Original texts of all relevant press releases/ press notes are available on below links:

http://cbec.gov.in/resources//htdocs-cbec/gst/Press%20note%20export%20package.pdf

http://pib.nic.in/newsite/erelease.aspx

http://cbec.gov.in/resources//htdocs-cbec/gst/GST%20RATE%20APPROVED%20BY%20GST%20Council-%206.10.2017.pdf

Thanking you,
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL

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GST : Facility of furnishing Letter of Undertaking extended to more exporters/ Clarifications

EPC/LIC/LUT_BOND 5th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

GST : Facility of furnishing Letter of Undertaking extended to more exporters/ Clarifications

Dear Members,

As you are aware, in recent times the criteria for LUT or Bond with BG  has been relaxed with acceptance of RCMC with Bond.  However, MSME exporters have still reported issues due to difference in interpretation by local GST Offices and difficulties faced.

Taking cognizance of these issues,  CBEC  has  issued  Notification No. 37/2017 – Central Tax dated 4th October, 2017 which extends the facility of LUT to all exporters under rule 96A of the CGST Rules 2017, subject to certain conditions and safeguards.

Along-with this notification,   Master Circular No. 8/8/2017-GST  dated 4th October 2017 has also been issued providing updated clarifications on  Bond/ LUT application modalities, applicability on payments in INR, self-sealing, Transactions with EOU, CT1 etc.  This master circular actually sums up all the  recent clarification issued by CBEC/ GST Policy Wing.

As per  Notification No. 37 /2017 – Central Tax  dated4th October, 2017, following  conditions and safeguards are specified for furnishing a Letter of Undertaking in place of a Bond by a registered person who intends to supply goods or services for export without payment of integrated tax –

(i) All registered persons who intend to supply goods or services for export without payment of integrated tax shall be eligible to furnish a Letter of Undertaking in place of a bond except those who have been prosecuted for any offence under the Central Goods and Services Tax Act, 2017 or the Integrated Goods and Services Tax Act, 2017  or any of the existing laws in force in a case where the amount of tax evaded exceeds two hundred and fifty lakh rupees.

(ii) The Letter of Undertaking shall be furnished on the letter head of the registered person, in duplicate, for a financial year in the annexure to FORM GST RFD – 11 and it shall be executed by the working partner, the Managing Director or the Company Secretary or the proprietor or by a person duly authorised by such working partner or Board of Directors of such company or proprietor;

(iii) Where the registered person fails to pay the tax due along with interest, the facility of export without payment of integrated tax will be deemed to have been withdrawn and if the amount mentioned in the said sub-rule is paid, the facility of export without payment of integrated tax shall be restored.

(iv) The provisions of this notification shall also apply in respect of zero-rated supply of goods or services or both made by a registered person (including a Special Economic Zone developer or Special Economic Zone unit) to a Special Economic Zone developer or Special Economic Zone unit without payment of integrated tax.

Relevant members (specially MSME’s)  are requested to take note of above points in the Notification No. 37 /2017  and do the needful.

Forupdated clarifications on  Bond/ LUT application modalities, applicability on payments in INR, self-sealing, Transactions with EOU, CT1 please also refer to Master Circular No. 8/8/2017-GST  dated 4th October 2017.

For full details of above said Notification and Master circular, respectively,  please  use below links to download directly  from CBEC portal-

http://cbec.gov.in/resources//htdocs-cbec/gst/Final_Master_circular_LUT_Bond_04102017.pdf

http://cbec.gov.in/resources//htdocs-cbec/gst/notfctn-37-central-tax-english.pdf

In our view, above notifications/ clarifications should  resolve the existing issues related to Bond, LUT etc.   However, if any  difficulty is still faced by the members, they may revert to us ondeepak.gupta@chemexcil.gov.in  and balani.lic@chemexcil.gov.in .


Thanking you.
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL


Encl:- as above.

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E-Seals: Details of Vendors providing E-seals (as per Circular 36/2017-Customs & 37/2017-Customs)

EPC/LIC/E-SEALS 4th October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

E-Seals: Details of Vendors providing E-seals (as per Circular 36/2017-Customs & 37/2017-Customs)

Dear Members,

This is in continuation of  our recent  mailers informing you about recent CBEC circular No. 36/2017 dtd 28/08/2017 &   37/2017 dtd 20/09/2017 regarding Electronic Sealing for Containers by exporters under self-sealing procedure.

As informed earlier, to ensure  that electronic seals deployed are of a reliable quality, CBEC has prescribed that  all vendors proposing to offer RFID Tamper Proof One-Time-Bolt Container Seals to exporters for self-sealing, must submit self-attested certificates from seal manufacturers to the Director (Customs), CBEC, North Block, New Delhi before commencing sales.  Where the certification is found to comply with the requirements of the ISO standard, the names of such vendors shall be put up on the Board's website (www.cbec.gov.in) for ease of reference of the trade and field formations, as soon as they are received.

In this regard, CBEC has uploaded an update on  www.cbec.gov.in  providing details of few Vendors providing E-seals (as per Circular 36/2017-Customs & 37/2017-Customs).

The original  update is available on CBEC portal using below link for download-

http://www.cbec.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2017/details-of-vendors-for-webload.pdf

We also understand from the update, that the process of verifying the documents of the Vendors is an ongoing process. As and when aspiring vendors complete the required documentation their names will be put up on CBEC website.   We shall update you in due course.

Members are requested to take note of the same and do the needful accordingly.

Thanking you.
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL

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Upgradation of India Korea CEPA Comments on additional 146 tariff lines from Korean side

EPC/LIC/INDIA-KOREA CEPA/ 3rd October 2017
 
TO ALL THE MEMBERS OF COUNCIL
 

Upgradation of India Korea CEPA Comments on additional 146 tariff lines from Korean side

Dear Members,

This is in continuation of our earlier circular dated 2nd May 2017 seeking comments on Korean request list of 745 tariff lines for concessions under India-Korea CEPA. The negotiations for upgrading India-Korea CEPA are going on.

We have now received communication from the FT (NEA) Division, Department of Commerce that the Korean side has forwarded list of 146 additional tariff lines seeking tariff concessions from India under CEPA. The list of additional 146 items is attached herewith for your reference.

Members are requested to kindly send comments/views, if any, on these additional tariff lines which can up with the Ministry. Your comments, if any, be sent to us latest by 10th October 2017 on our email mail ids deepak.gupta@chemexcil.gov.in & balani.lic@chemexcil.gov.in .

Thanking you.
Yours faithfully,
S.G BHARADI
EXECUTIVE DIRECTOR
CHEMEXCIL

Encl:- as above.

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News & Articles

Exports to India fail to pick up

Exports to India are not picking up despite a host of positive initiatives by both the countries. “We are struggling to cross the $1 billion-mark on export to India although India is one of the high potential markets for Bangladesh,” said Abdul Matlub Ahmad, former president of the Federation of Bangladesh Chambers of Commerce and Industry.

In fiscal 2016-17, Bangladesh's exports to India stood at $672.40 million, according to data from the Export Promotion Bureau.

Bangladesh will now endeavour to hit the milestone within the next two to three years, he said.

The exports have not been increasing mainly for two reasons -- a lack of diversity in Bangladeshi goods and non-tariff barriers in India, according to Ahmad, also a former president of the India-Bangladesh Chamber of Commerce and Industry.

Goods cannot enter freely into the Indian market from Bangladesh for having non-tariff barriers like mandatory testing and poor banking system along the bordering areas.

On the other hand, Bangladesh has very few products in its export basket, he said.

“Only garment products, jute and jute goods are exported to India from Bangladesh.”

Subsequently, he urged the government to launch strong lobbying efforts with the Indian government for removing the anti-dumping duty of $19-$352 a tonne imposed on January 5 this year on jute and jute good exports.

Although India allows duty-free access to all Bangladeshi items save for some alcoholic beverages, the Indian government imposed a countervailing duty of 12.50 percent on the import of Bangladeshi apparel items. As a result, Bangladesh's garment exports to India are not increasing.

The Indian market can be a good export destination for Bangladeshi garment makers for its rising middle-class population, Ahmedabad.

Last fiscal year, garment shipments to India, a market of more than $40 billion, fetched $129.81 million, down 4.85 percent year-on-year.

“We will again raise the issue of non-tariff barriers in a meeting on Tuesday with the visiting Indian Finance Minister ArunJaitley,” said FBCCI President Shafiul Islam Mohiuddin.

Mohiuddin said they will also raise the issue of testing certification. Currently, the Bangladesh Standards and Testing Institution certificate for 21 food products is recognized by India.

Recently, Bangladesh proposed to India to accept the BSTI certification for 14 other products like frozen food, potato crackers, candy, milk powder, white bread, dry cake, drinking water, flavoured drinks, canned juices, soap, cement, mild-steel rod, GI pipes and textile items. The balance of trade between the two countries is heavily tilted towards India because Bangladesh imports some basic products like cotton, cereal, vehicles, chemicals and pharmaceuticals from the neighbouring country.“We want to invest in India. We also sent teams to visit some places in Kolkata and Gujarat recently to assess the investment potential in India,” Mohiuddin added.

A total of 29 business delegations from India are scheduled to hold meetings with the Bangladeshi businessmen at the capital's Sonargaon Hotel today, said Hussain Jamil, secretary to the FBCCI. Pankaj R Patel, president of the Federation of Indian Chambers of Commerce, will lead the Indian business delegation in the presence of Jaitley and Commerce Minister Tofail Ahmed in the meeting.

Mohiuddin will lead the Bangladeshi businessmen in the meeting. Bangladesh imports goods worth more than $6 billion from India in a year through the formal channel, about $2 billion of which is cotton.

More than 50 percent of Bangladesh's cotton requirement in a year is met by imports from India. It is believed that India exports goods worth more than $5 billion to Bangladesh a year through informal channels.

Indian companies such as Marico, CEAT, Tata Motors, Godrej, Sun Pharma, Asian Paints have made substantial investments in Bangladesh.

(Source: http://www.thedailystar.net/business/exports-india-fail-pick-1470901 dated 3rd Oct-2017)

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India, European Union may form joint group on FTA

The 14th India-EU Summit aims to deepen the India-EU Strategic Partnership and advance collaboration in priority areas, a Ministry of External Affairs statement said.

Four days ahead of the 14th India-European Union summit on October 6, hectic negotiations are underway between officials from India and the EU to explore ways on how they will move forward on the stalled negotiations over a new and ambitious Free Trade Agreement (FTA), which will encompass goods, services as well as mutual investment protection.

Sources told The Indian Express that the two sides may announce a mechanism or a joint working group to push for an early conclusion of the pact, which will also take care of the concerns arising out of the lapsed bilateral investment protection agreements with EU countries. “The idea is to turn the page on the issue of investments and trade, which may be adversely impacted due to the lapsed agreements on bilateral investment protection with all EU countries,” a source told The Indian Express.

This is the first summit between India and the EU, after the Brexit verdict came out last year. This also comes about four months after Prime Minister Narendra Modi strongly endorsed German Chancellor Angela Merkel’s vision of the European Union and committed at the earliest to resume talks between India and EU to stitch up a free trade agreement encompassing goods, services as well as mutual investment protection. EU is India’s largest regional trading partner with bilateral trade in goods standing at $ 88 bn in 2016. The EU is also the largest destination for Indian exports and a key source of the investment and cutting edge technologies. India received around $ 83 bn FDI flows from Europe during 2000-17 constituting approximately 24 per cent of the total FDI inflows into the country during the period. India and the EU are in the process of negotiating a bilateral Broad-based Trade and Investment Agreement since 2007. As of late, both sides are discussing the modalities of resumption of BTIA talks on a fast track.

Sources said that the meetings between the President of the European Council, Donald Franciszek Tusk and the President of the European Commission, Jean-Claude Juncker and Modi will be key to give their stamp of approval about this issue. Tusk and Juncker will be accompanied by a high-level delegation including EU’s High Representative for Foreign Affairs and Security Policy and Vice-President of the European Commission, Federica Mogherini.

The 14th India-EU Summit aims to deepen the India-EU Strategic Partnership and advance collaboration in priority areas, a Ministry of External Affairs statement said.

(Source:-http://indianexpress.com/article/business/business-others/india-european-union-may-form-joint-group-on-fta-4871823/ dated 3rd Oct-2017)

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Bangladesh: Jaitley arrives in Dhaka, will ink $4.5 billion Line of Credit deal

Jaitley being welcomed at Bangladesh Air Force Base

Bangladesh will sign a $4.5 billion third Line of Credit (LoC) agreement with India on Wednesday. The agreement will be signed in the presence of Indian Finance Minister ArunJaitley and his Bangladesh counterpart Abul Mal Abdul Muhith.

A press release from Bangladesh government official said, Economic Relations Division (ERD), Secretary and Managing Director of Indian EXIM Bank, will ink the agreement on behalf of their respective sides at the Finance Ministry in Dhaka.

It was during the visit of Bangladeshi PM Sheikh Hasina's visit to India in April 2017, the Indian Line of Credit of US $4.5 billion was announced for Bangladesh.

This will bring the total quantum of credit lines extended by India to Bangladesh over the last six years to $8 billion. Signing of the Third Dollar Credit Line Agreement will enable the implementation of a number of key infrastructure priority projects of Bangladesh.

Later, the Joint Interpretive Notes on the agreement between the two countries will also be signed at the ministry to promote and protect investments.

JAITLEY TO HAVE A BUSY SCHEDULE

Indian Finance Minister ArunJaitley arrived in Dhaka, Wednesday noon on a three-day official visit. A special aircraft carrying the Jaitley-led Indian delegation landed at Bangladesh Air Force Base at around 2 pm. He was received by Bangladeshi Finance Minister Muhtih. Bangladesh finance ministry official told that, Jaitley is being accompanied by Subhash Chandra Garg, secretary of Department of Economic Affairs under the Indian Ministry of Finance and other senior officials of Indian government.

A 30-member high-level business delegation from the Federation of Indian Chambers of Commerce and Industry (FICCI) is also accompanying the finance and corporate affairs minister of India.

On Wednesday, Jaitley will also join a meeting with the delegation of the Federation of Bangladesh Chambers of Commerce and Industry (FBCCI) at Pan Pacific Sonargaon Hotel in Dhaka.

President of FICCI Pankaj Patel, FBCCI President Shafiul Islam Mohiuddin and director Shahed Reza, among others, addressed the meeting. He will also hold bilateral meeting with his Bangladesh counterpart AMA Muhith. Jaitley will also attend an event to be organised by the Policy Research Institute of Bangladesh and the High Commission of India, on the subject of 'Macroeconomic Initiatives of the Government of India'.

A media statement of the Indian High Commision said, as India and Bangladesh have witnessed deepening of bilateral economic cooperation in recent years, particularly in terms of increasing volumes of trade and investment. The two ministers are expected to review the status of economic cooperation and initiatives taken during the visits of Modi and Hasina in 2015 and 2017, respectively.

Jaitley and Muhith will jointly inaugurate a new scheme for cashless transactions in visa services run by the State Bank of India on behalf of the High Commission of India. The two ministers will also inaugurate the Dhaka representative office of the EXIM Bank of India.

BANGLADESH SEEKS MORE INDIAN INVESTMENTS

Bangladeshi Commerce Minister Tofail Ahmed seeked more Indian investments in Bangladesh to reduce trade gap.

Ahmed said, in order to increase trade between India and Bangladesh we should focus on removing non-tariff and para-tariff barriers, improving the physical facilities, mutual recognition of certificates and standards and better connectivity needs to be ensured.

Ahmed was speaking at 'Bangladesh India Business Meeting' organized by FBCCI at a city hotel today.

Jaitely said, India has a large population and it has concentrated on skill development and India can extend cooperation to Bangladesh in this area through exchange programs.

(Source:-http://indiatoday.intoday.in/story/bangladesh-arun-jaitley-dhaka-line-of-credit-deal/1/1061030.html dated 4th Oct-2017)

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India Considers Free Trade Zone For Afghan Goods

India is thinking about establishing a free trade zone for Afg

han goods in order to increase the export of Afghan products to other countries, the Ministry of Commerce said on Wednesday.

Afghanistan’s exports will considerably increase if a free trade zone is created in India, the commerce ministry spokesman MusafirQoqandi told TOLOnews.

“For sure, these zones will be built by India for Afghan exports in order to send our products to other parts of India and out of that country,” he said. “We welcome this move and it will be effective for the increase of Afghanistan’s exports.”

Meanwhile, the International Chamber of Commerce stressed the need for such zones inside Afghanistan.

Abdul Qadir Bahman, CEO of the chamber, said they will send a draft plan to government in the near future.

“It is a good move. If India gives this chance to Afghan businessmen, they will be able to send their goods to other countries from India. But it will be better if these free zones are established in Afghanistan,” he told TOLOnews.

Experts say free zones provide more facilities for investors as they will not have to deal with taxes and customs issues if they use these zones.

(Source:-http://www.tolonews.com/index.php/business/india-considers-free-trade-zone-afghan-goods dated 3rd Oct-2017)

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Commerce Ministry announces time relaxation for Navi Mumbai SEZ to address issues

New Delhi, Oct 3 (KNN) As the Special Economic Zone projects continue to face operational and regulatory issues in the state, the commerce ministry has decided to give more time to the SEZ developer Navi Mumbai SEZ, hat has over eight projects in its cap.

The decision by the commerce ministry comes in response to the appeal fo the Maharashtra government.

Earlier, the Maharashtra government had sought more time from the Board of Approval (BoA), headed by Commerce Secretary Rita Teaotia, to resolve the issues faced by Navi Mumbai SEZ Ltd (NMSEZ).

NMSEZ informed the board that the proposed SEZ project is pending because the Maharashtra government failed to enact the state SEZ act.

Following which, in the absence of proper legislation, the entrepreneurs are hesitating to set up their units in the zones.

Navi Mumbai SEZ in a press interview informed that with more time in hand, the state government, City and Industrial Development Corporation (CIDCO) and NMSEZ are in the process of resolving operational and regulatory issues. (KNN/DA)

(Source:-http://knnindia.co.in/news/newsdetails/sectors/commerce-ministry-announces-time-relaxation-for-navi-mumbai-sez-to-address-issues dated 3rd Oct-2017)

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India – Europe business outlook, Recovering from pessimism despite persistent challenges

While mixed expression of India’s positive economic growth against the momentary holdup post demonetisation and Goods and Services Tax (GST) attract global eyeballs, the trade figures with Europe, one of the most organised markets in the world depicts growth despite challenges. Will the pessimism get replaced by a recoil ushering new business avenues between Indian and Europe?

As India positions itself with an improved economic outlook, the Indian companies trying to expand their trade in Europe have gradually identified a niche demand for Indian products, according to a Federation of Indian Chambers of Commerce and Industry (FICCI) report.

The European Commission (EC) in their study finds the value of EU imports from India have also increased from EUR 22.6 billion in 2006 to EUR 39.3 billion in 2016. The textiles and clothing, chemicals and engineering goods related businesses by Indian entrepreneurs in Europe have performed the best in during the last analysed period. However, in 2015, the EU import from India was EUR 39.5 billion; and the momentary slowdown is allegedly attributed to the novel economic reforms.

The dynamic and huge market of India with 1.25 billion people is deemed as a major strategic partner of the EU according to the European Commission. The EU and India post the Free Trade Agreement negotiations launched in 2007 have further increased their bilateral trade and investment. However, the current focus remains on the outstanding issues including improved market access for some goods and services, government procurement, geographical indications, sound investment protection rules and sustainable development, the EC report on trade policy with India summarises.

EC stats on India-EU trade

The EU is India’s number one trading partner (13.5 pc of India’s overall trade with the world in 2015-16), well ahead of China (10.8 pc), USA (9.3 pc), UAE (7.7 pc) and Saudi Arabia (4.3 pc).

India is the EU’s 9th trading partner in 2016 (2.2 pc of EU’s overall trade with the world), after South Korea (2.5 pc) and ahead of Canada (1.9 pc).

The value of EU exports to India grew from EUR 24.2 billion in 2006 to EUR 37.8 billion in 2016, with engineering goods, gems and jewellery, other manufactured goods and chemicals ranking at the top.

The value of EU imports from India also increased from EUR 22.6 billion in 2006 to EUR 39.3 billion in 2016.

Trade in services almost tripled in the past decade, increasing from EUR 10.5billion in 2005 to EUR 28.1 billion in 2015.

EU investment stocks in India amounted to EUR 51.2 billion in 2015, increasing from EUR 44.2 billion in the previous year.

FICCI survey hopes rebound

FICCI in a recent report based on an internal survey stated that there has been a considerable rise in the number of companies who have successfully been able to reduce their losses while doing business in the region. The FICCI survey on “Are Winds of Change Bringing Good Tidings for Indian Companies Doing Business in Europe” notes that the current economic situation, though resulting in a number of procedural and regulatory obstacles for Indian companies to expand and or do business in the continent, is still providing needed returns on the investments made.

Considering the 27 countries (28 if we also consider the United Kingdom) as a single market, Europe is the biggest consumer base with close to 500 million potential consumers. Europe, a lucrative market as it readily embraces new foreign investment with the outlook of promoting employment and capital formation. The FICCI report says, “The ongoing negotiations to sign an equitable and balanced FTA between India and the EU are also closely monitored by Indian industry. The issue of visas and movement of professionals in the EU still remains one of the most contentious concern areas for Indian companies.”

The developed capital market, political and social stability in most of the EU nations and a transparent trade law remains the other promising factors to inspire Indian companies to open shop in Europe.

Some of the major findings in the FICCI survey show a positive change in the mindset of the respondents. From 2015 when 75 pc of Indian companies surveyed had responded that the ongoing crisis had resulted in their business prospects in the region being adversely impacted, this year 25 pc of the surveyed companies expressed concerns about their business prospects taking a hit due to the current economic scenario in Europe.

Over 65 pc of companies surveyed by FICCI noted that even when the markets were slow in registering increased domestic demand, they have been able to register growth in their product(s) category. Most significantly 61 pc of the surveyed companies who reported an increase in their business prospects, their losses have come down from 20 pc in 2015 to less than 5 pc this year. 18 pc respondents reported an increase of 2-5 pc in their businesses.

Challenges still remain

The lesser talked about side of the story behind India’s relative lack of success compared to the other Southeast and East Asian countries in the European market revolves around the failure of policies that would enable India’s small and medium business owners to capitalise global opportunities. The micro, small and medium enterprises (MSMEs) in India are still struggling to find a way to manage high transaction costs and trade facilitation issues as they lack the monetary backup or a better political network.

The lagging small and micro industries in India are still waiting for a simplified regulation while connecting to the global markets and the reduction of transaction costs allowing a more enterprise-friendly regime.

The EC throws light on how India has embarked on a process of economic reform and progressive integration with the global economy aiming a rapid and sustained growth. However, it also states how the country’s trade regime and regulatory environment remains comparatively restrictive in terms of the World Bank’s Ease of Doing Business Report or EC’s report on Trade and Investment Barriers and Protectionist Trends that states, “India still features amongst the four countries with the highest number of new Relevant Measures.

(Source: https://mediaindia.eu/business-politics/india-europe-business-outlook/ dated 5th Oct-2017)

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Govt. seeks sector-wise plan from industry to spur exports

Minister Prabhu stresses need to enhance competencies

Commerce Industry Minister Suresh Prabhu on Friday asked Export Promotion Councils and industry associations to prepare a vision statement for their product group that would, in turn, help boost output and exports.

In a stakeholders’ consultation on exports, Mr. Prabhu also stressed the importance of export-led growth and the need to enhance competencies and the need to tap into the global value chain to enhance exports. During the meeting, exporters raised Goods and Services Tax-related issues including those leading to working capital blockage.

In the context of the mid-term review of the Foreign Trade Policy, exporters wanted incentives for more products under the Foreign Trade Policy and increase in the interest subsidy rates.

‘Export strategy inputs’

The meeting also provided inputs for a new export strategy focussing on integrating India into the Regional/Global Value Chain, a stable Agri-Export Policy to provide remunerative returns to farmers, focus on high and medium technology sectors for exports, revisiting the focus area (overseas markets) approach and unleashing the potential of services such as tourism, professional services and e-commerce.

The meeting was attended by the Textiles and Information and Broadcasting Minister SmritiIrani, the Minister of State for Commerce and Industry C.R. Chaudhary, and senior government officials.

Federation of Indian Export Organisations (FIEO) president Ganesh Kumar Gupta suggested an export-linked employment Scheme to help job creation and migration of informal workers to formal sectors. He also demanded an annual interaction with the bankers to impress on the pro-active role that they have to play to facilitate country’s exports.

To help small exporters in marketing of their goods, Mr. Gupta suggested opening of display centres in important markets starting with China where a change is required in product profile of exports to address rising trade deficit. He also mooted an annual interaction with Ambassadors of Foreign Missions in India and Indian Missions abroad so that they can enhance the commercial and economic ties between India and its trade partners.

Mr. Prabhu said that there was a need to revisit the export strategy in view of increasing protectionism in markets overseas and high volatility in currencies. Commerce Secretary Rita Teaotia said GST issues are not the reason for delay in bringing out the mid-term review of the FTP. On achieving the target of $900 billion worth goods and services exports by 2020, she said it would be difficult due to global uncertainties.

(Source:-http://www.thehindu.com/business/govt-seeks-sector-wise-plan-from-industry-to-spur-exports/article19814461.ece dated 6th Oct-2017)

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Commerce Min to revisit $900 bn exports target

On April 1, 2015, the government announced a slew of incentives and new institutional mechanisms as part of the new Foreign Trade Policy (2015-2020) to nearly double country's goods and services exports to USD 900 billion by 2019-2020.

The commerce ministry today said it will revisit the USD 900 billion exports target by 2019-20 as the country's shipments are not able to show healthy growth rate in the first three years. After holding over three-hour long meeting with exporters, Commerce Secretary Rita Teaotia said that certainly there is a need to revisit the export target because in the external world nobody calculated for the global commodity prices and currency fluctuations.

"We are certainly not going to aim for the same target because we have not been able to show that growth rate in the first three years," she told reporters here.

On April 1, 2015, the government announced a slew of incentives and new institutional mechanisms as part of the new Foreign Trade Policy (2015-2020) to nearly double country's goods and services exports to USD 900 billion by 2019-2020.

India exports goods worth around USD 300 billion per fiscal year, while services exports amounted to around USD 150 billion annually.

On whether the ministry would come out with the mid-term review of the foreign trade policy, she said Commerce and Industry Minister Suresh Prabhu would take a call after returning from Morocco, where he is going for a WTO (World Trade Organisation) meeting.

"Whether we will issue a formal statement of intent (on the policy), the minister has to take a view on that," she said.

However, she added that the mid-term review is on and some got addressed through the Goods and Services Tax (GST).

Speaking to reporters, Prabhu said that it was agreed in the meeting that each export promotion council (EPC) "is now going to prepare a concrete strategic action plan for what can be done in the foreseeable future" to boost exports.

He said the ministry would act on the suggestions made by the stakeholders today.

"We will together act on those inputs in the next two- three weeks and therefore we will also prepare a plan," he said adding most of the issues are related to the finance ministry and "we are going to take those issues with them".

People who participated in the meeting include leading exporters, EPCs, associations, industry chambers, spices board.

Minister for Textiles and Information and Broadcasting Smriti Zubin Irani also participated in the meeting.

Prabhu also stressed on the importance of export-led growth and called for enhancing competitiveness and integration with global value chain.

The deliberations flagged global and domestic challenges faced by exporters.

GST related issues regarding working capital blockage, delay in refunds and usability of Merchandise Exports from India Scheme and Service Exports from India Scheme scrips were raised by exporters.

In the context of mid-term review of the FTP, exporters requested inclusion of more products under these schemes and interest subsidy scheme and also increase in the rates of incentive.

The meeting also provided inputs for a new export strategy focusing on integrating India into the regional and global value chain, focus on high and medium technology sectors of exports and unleashing the potential of services such as tourism and e-commerce.

In a series of tweets, Prabhu said: "We must align our standards with global standards. Benchmarking will stimulate exports, ensure India's integration with global value chain".

"We are working on short, medium and long-term strategies. There can be short-term challenges but the future belongs to India," he added.

India's exports recorded a double-digit growth of 10.29 percent after a gap of three months to USD 23.81 billion in August, mainly on account of rise in shipments of chemicals, petroleum and engineering products.

Cumulative exports during April-August 2017-18 increased by 8.57 percent to USD 118.57 billion, while imports grew by 26.63 percent to USD 181.71 billion, leaving a trade deficit of USD 63.14 billion.

(Source: http://www.moneycontrol.com/news/business/economy/commerce-min-to-revisit-900-bn-exports-target-2407181.html dated 6th Oct-2017)

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GST will create pace for industrial growth: Commerce Secretary

LUDHIANA: Federation of Indian Export Organisations (FIEO) organized an interaction with Rita A Teotia, Commerce Secretary of the union government at a city hotel on Wednesday. The objective for the interaction was to address various issues faced by exporters and discuss midterm review of foreign trade Policy 2015-2020.

During her address Teotia said, "The government is working constantly for the progressive business needs of the country. Regulatory framework is followed by the government agencies to positively impact the business operations in favourable conditions, which is the prime role and objective of government. Issues raised & discussed by the Industry members during the interaction will surely be looked upon" Commenting on the GST imposed on exports, commerce secretary said , "With the recent GST implementation, the government is trying to create a pace for the industrial growth. Department of Revenue is now in line with the government at Center level, so as to act as a single governing agency and benefit the industry. Fresh notifications regarding the GST, are being worked out for implementation at the earliest. Exporting community needs to widen their scope and bridge their gaps through the support of Export Promotion Councils. Both the, Central and State Governments will work in active collaboration with each other, in order to materialize the future plans of export promotion by states"

Rahul Ahuja, Convener, FIEO Punjab State Committee, while sharing his views said that "With the implementation of GST, the exporters have come across various difficulties and we are happy that Government has considered our requests on priority. We compliment Commerce Secretary for her whole hearted support to address the exporter's issues which resulted in announcement made by GST council earlier this month" More than 100 exporters were present on this ocassion.

(Source: https://timesofindia.indiatimes.com/business/india-business/gst-will-create-pace-for-industrial-growth-commerce-secretary/articleshow/61052053.cms dated 12th Oct-2017)

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EU, India Leaders Call for "Timely Relaunch" of Trade Talks

The 6 October summit also touched upon a host of policy issues, including cooperation on climate change, energy, innovation, and security, culminating in a list of 53 priorities going forward, along with a series of joint statements on specific policy areas.

“The leaders committed to work in a result-oriented and mutually beneficial manner to further strengthen the India-EU Strategic Partnership by deepening their trade cooperation, enhancing investment flows in both directions, and broadening dialogue and engagement on global and regional issues, including climate change, as well as migration and the refugee crisis, and resolved to further strengthen their bilateral and multilateral cooperation in these areas,” they said afterward.

Juncker: chief negotiators meeting on FTA

One of the major questions heading into the high-level meeting was what announcements, if any, would be made about the future of the two sides’ negotiations for a free trade agreement.

Those talks kicked off a decade ago, but have since advanced in fits and starts, with disagreements emerging on issues such as intellectual property protections, the movement of workers for services trade, and the protection of personal data. Another issue has been the expiry for several bilateral investment treaties between some EU member states and India.

Negotiators last met formally in November 2013, despite repeated political calls in the years since to renew the talks.

Indeed, last week’s summit comes just months after India Prime Minister Narendra Modi met with German Chancellor Angela Merkel, with both leaders backing the resumption of the trade negotiations. The EU is India’s largest trading partner, while the Asian economic giant ranks as the 28-nation bloc’s ninth largest trading partner. (See Bridges Weekly, 1 June 2017)

Speaking to reporters on Friday, European Commission President Jean-Claude Juncker outlined the large scale of the existing EU-India trade relationship – along with noting the importance of those ties going forward into the upcoming “post-Brexit” landscape.

“With this in mind I believe it is time for a free trade agreement between India and the European Union. Once the circumstances are right – and only once the circumstances are right – we will resume,” the EU official said. He specifically highlighted data protection as a key issue for the European Union, given India’s role as an IT services hub.

“If India's standards of data protection are converging with those of the European Union, the European Union will be in a position to recognise the adequacy of India's rules. This is a precondition for exchanging personal data freely and securely,” said Juncker.

Furthermore, he noted that Brussels and New Delhi will be directing their chief negotiators to meet shortly to advance those efforts. He did not, however, mention a concrete date for officially rebooting the talks, or for their potential conclusion. Juncker did confirm in a separate speech to business leaders that the top trade officials from the EU and India would be meeting bilaterally this week in Marrakech, Morocco to discuss the matter.

The sentiment was reaffirmed by Donald Tusk, the EU Council President, who gave a “political observation” that trade deals serve both to boost economic prospects and also to “strengthen and defend the rules-based international order and our way of life.”

The summit’s host, Indian Prime Minister Narendra Modi, also referred to the value of deepening trade and investment ties between the two sides, particularly given the significant exchanges already underway between the European and Indian economies.

The leaders’ meeting came just days ahead of a WTO “mini-ministerial” in Marrakech, Morocco, which was meant to clarify the road ahead to the global trade club’s official ministerial conference in Buenos Aires, Argentina, at the end of the year.

The upcoming WTO ministerial was also a topic of discussion at the EU-India meet, with leaders confirming afterward “the crucial role of the rules-based multilateral trading system, and the importance of enhancing free, fair, and open trade for achieving sustainable growth and development.”

While both sides stressed the value of “concrete results” reached through collaboration with their fellow trading partners, they did not specify how the EU and India might overcome differences in approach to the various aspects of the WTO negotiations, such as domestic support for agricultural goods or whether to negotiate multilateral rules on e-commerce and investment facilitation.

Climate cooperation

Leaders also released a climate-specific joint statement, pledging to step up their work both in supporting the UN’s Paris Agreement on climate change, along with backing the implementation of other climate-related efforts, such as the deal reached last year to phase down climate-warming coolants known as hydrofluorocarbons under the Montreal Protocol. (See Bridges Weekly, 20 October 2016)

The statement comes just weeks ahead of this year’s UN Framework Convention on Climate Change (UNFCCC) Conference of the Parties (COP), where climate negotiators are aiming to advance on developing the so-called “rulebook” for implementing the Paris climate accord, among a host of other agenda items.

The EU and India also highlighted their work on transitioning towards more sustainable energy sources, along with investment efforts being made towards boosting the deployment of renewables.

(Source:-https://www.ictsd.org/bridges-news/bridges/news/eu-india-leaders-call-for-timely-relaunch-of-trade-talks dated 12th Oct-2017)

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Exports Grow In September As Demand For Indian Chemicals, Engineering Soar

Trade balance stood almost flat at $8.98 billion in September 2017 against $9 billion in September 2016.

New Delhi: India's export soared by 25.67 per cent to $28.61 billion in September on the back of rise in shipments of chemicals, petroleum and engineering products, official data released today showed.

Import too rose by 18.09 per cent to $37.6 billion in September from $31.83 billion in the year-ago month, according to the data released by the commerce ministry.

Trade balance stood almost flat at $8.98 billion in September 2017 against $9 billion in September 2016. Gold import dipped by 5 per cent to $1.71 billion last month.

Oil and non-oil imports grew by 18.47 per cent and 17.98 per cent to $8.18 billion and $29.4 billion, respectively in September.

Cumulative exports during April-September 2017-18 increased by 11.52 per cent to $147.18 billion, while imports grew by 25.08 per cent to $219.31 billion, leaving a trade deficit of $72.12 billion.

"In continuation with positive growth exhibited by exports for the last thirteen months, exports during September 2017 have shown growth of 25.67 per cent in dollar terms," the ministry said in a statement.

In September, petroleum, engineering and chemicals exports grew by 37 per cent, 44.24 per cent and 46 per cent, respectively.

However, sectors which recorded negative growth includes handicrafts, iron ore, and fruit and vegetables.

(Source:-http://profit.ndtv.com/news/economic-indicators/article-exports-grow-in-september-as-demand-for-indian-chemicals-engineering-soar-1762672 dated 13th Oct-2017)

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Comm. Min aligns certain FTP provisions with GST

New Delhi, Oct 13 The commerce ministry today aligned certain provisions of the foreign trade policy with the Goods and Services Tax (GST) regime by extending tax exemptions on imports.

As per the notification of the Directorate General of Foreign Trade (DGFT), goods imported under Advance Authorisation will now be exempt from payment of integrated tax and compensation cess under the GST.

Similar exemptions have also given for import of second hand capital goods.

"Second hand capital goods, without any age limit, may also be imported without payment of...Integrated Tax and GST Compensation Cess...," it added.

It also said that export oriented unit/ Electronics Hardware Technology Park / Software Technology Park / Bio- Technology Park units may import without payment of integrated Tax and GST Compensation Cess.

(Source:-https://www.outlookindia.com/newsscroll/comm-min-aligns-certain-ftp-provisions-with-gst/1167421 dated 13th October-2017)

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Fresh talks on free trade pact with EU to give equal weight to goods, services, investment

The proposed bilateral free trade pact got stalled due to differences over issues such as market openings in India for items like wines and spirits and automobiles and EU’s hesitation in granting India data secure status.

NEW DELHI, OCTOBER 15:
India and the European Union (EU) are set to begin talks soon on re-starting stalled negotiations for a free trade pact but New Delhi will not favour pre-conditions, such as prioritising an investment agreement that the 29-member bloc had earlier insisted upon.

“It was very clearly decided at the India-EU Summit earlier this month that it would be a comprehensive agreement. So, there is no question of giving investments preference over goods and services. But all issues related to investment protection would definitely get addressed,” a government official told BusinessLine.

The proposed bilateral free trade pact — officially known as the broad-based trade and investment agreement (BTIA) — launched in 2007, got stalled due to differences over issues such as market openings in India for items like wines and spirits and automobiles and EU’s hesitation in granting India data secure status.

The BTIA, which includes market access for goods, services and investments, is also important for India because of the increased market openings it hopes to get for its service professionals.

However, when the two sides seemed ready to get back to the negotiating table last year, India’s refusal to renew bilateral investment treaties with individual EU countries that lapsed by April 2017 upset the EU, and it did not respond to India’s requests for dates to re-start talks on BTIA.

“The EU was insistent that the issue related to the BITs be sorted out before re-launching the BTIA. But New Delhi has held on to its position that the investment agreement that would be negotiated to protect investments from the EU countries would be part of an over-all BTIA that includes goods and services,” the official said.

New Delhi wants to renegotiate all its past BITs on the basis of a new model BIT drafted by the Finance Ministry that aims to bring down litigation against the government. While it would be negotiating the pacts bilaterally with most countries, in the case of the EU countries, it would be a comprehensive pact for all 29 nations and a part of the proposed BTIA, the official added.

The ice was broken at the India-EU Summit in New Delhi where both sides decided to start talks on relaunching negotiations for a comprehensive BTIA. The dates are yet to be confirmed, but there are indications from the EU that it might by as early as next month, the official said.

Awaiting right time

While the outlook is positive, Jean-Claude Juncker, President of the European Commission, cautioned that the circumstances needed to be right for the talks to resume.

“Once the circumstances are right – and only once they are right – we will resume. Today's Summit is an important step in the right direction and our chief negotiators will sit down in the coming days to chart a way forward,” he said at a joint press conference with Prime Minister Narendra Modi after the Summit.

The EU is India’s number one trading partner with exports growing from €24.2 billion in 2006 to €37.8 billion in 2016, according to European Commission figures.

(Source: http://www.thehindubusinessline.com/economy/fresh-talks-on-free-trade-pact-with-eu-to-give-equal-weight-to-goods-services-investment/article9906703.ece dated 15th October-2017)

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Centre mulls Rs 16,000-cr incentive package to boost exports

Prabhu put forward his suggestions and has sought, for consideration before Jaitley, an outlay of over Rs 16,000 crore to boost exports. The government is planning an incentive package of more than Rs 16,000 crore to revive exports amid slowdown in domestic market, and competition in exports, reports Hindu BusinessLine.

Commerce Minister Suresh Prabhu is said to have written a letter to Finance Minister ArunJaitley to make a prompt decision on issues affecting exports such as insufficient incentives and lack of credit facility.

In consultation with various stakeholders, Prabhu has suggested various other measures including allowing scrips (certificates) received under the Merchandise Exports from India Scheme (MEIS) to be used to pay Goods and Services Tax (GST), increasing the incentive rates and interest subsidy rates for labour-intensive sectors, reducing the GST rate on MEIS/SEIS scrips, and infusing more capital in the Export Credit Guarantee Corporation of India (ECGC).

The report said the Finance Minister would need to take a call on the incentives sought to give a fillip to exports. The mid-term review of foreign trade policy (FTP) which has been delayed should be announced without any delay.

(Source: http://www.moneycontrol.com/news/business/economy/centre-mulls-rs-16000-cr-incentive-package-to-boost-exports-2414561.html dated 17th Oct-2017)

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India might offer concessions to EU to push stalled trade pact

File photo of Prime Minister Narendra Modi with Donald Tusk, President of the European Council and Jean-Claude Juncker, President of the European Commission after their joint press conference at Hyderabad House in New Delhi (Photo: PTI)

The government might offer concessions to the European Union (EU) in a bid to push forward the talks on a proposed trade pact, stuck for four years.

A Broad-based Trade and Investment Agreement (BTIA) was first mooted in 2007. The 16th and previous formal round of discussion was in 2013. Hurdles remain on issues of tariff reduction and market access in the alcohol and automobile, sectors, prime European exports to India.

The prime minister's office is nudging the commerce department to take forward stagnant trade discussion. So, tariff concessions in these areas have been discussed, a senior commerce and industry ministry official said, on condition of anonymity. Chief negotiators from both sides are to meet in mid-November.

The stagnancy in talks was made evident during the visit earlier this month by European Commission president Jean-Claude Juncker; met the prime minister. Despite extensive talks during the 14th India-EU Summit in Delhi on October 6, during which European Council president Donald Tusk was also present, both sides failed to move forward.

On the contrary, Juncker said any discussion on trade would only be held once the terms of engagement had changed. In contrast, the two sides held extensive deliberations on other bilateral, regional and international issues, including the theRohingya crisis and North Korea.

Investment positions

"Trade talks had hit a wall after India decided to terminate existing bilateral investment treaties (BITs) with 23 European countries in 2016," a senior EU diplomat said. The EU had warned that the move would stop investments from its member countries and asked India to keep these individual agreements in force until a new pact was signed.

However, the Indian government has maintained that all future investment pacts will be negotiated under the framework of the model BIT issued by the government in 2015. This was meant to form the basis for individual agreements to be negotiated with other nations. However, most of those negotiations are not time-bound, while the existing treaties would end over the coming year.

This was raised during the PM's visit to Brussels for the 13th India-EU Summit. While the commerce department has pushed for exceptions to be made in investment treaties, the finance ministry has been against it.

"The EUs prime concern with the BIT is with the clause stipulating that if an investor-state dispute arises, a foreign investor can only seek the option of international arbitration when all domestic legal routes have been exhausted. While India feels this is required to keep control on litigation and reduce the chances of extremely high penalties from international tribunals, the EU calls the Indian legal system slow and corrupt," a senior Delhi-based trade expert said.

Talking trade

Both sides had last year adopted an agenda in Brussels for a broad-based approach to "resolve trade irritants, in particular concerning goods, services and investments, and strengthen trade and investment relations".

On is note, India has made clear its dissatisfaction on the slow progress on issues related to facilitation of greater movement of professionals from one country to another and on services trade. This also involves India's demands to be classified a data-safe country, which will help Indian information technology and outsourcing companies gain a foothold.

Other than being India's largest trading partner and its biggest export destination, the bloc has also been Delhi's 'strategic' partner' since 2004. Total export to the 27 member-nations of the EU reached $47.2 billion in 2016-17, from $44.5 bn a year before. Import dipped slightly to $42.4 bn, from nearly $44 bn in 2015-16.

For India, this translates to 17 per cent of its total export and 11 per cent of aggregate import. The share of trade with the EU as compared to total bilateral trade has progressively shrunk in recent years. A little more than a decade before, when the strategic partnership was initiated, export to the bloc was 21.8 per cent of all export; import was 17.3 per cent of all inbound trade in 2004-05.

The trade negotiations also cover issues such as sanitary and phyto-sanitary measures, technical barriers and intellectual property rights. These also need to be worked on before a deal is sealed.

(Source:-http://www.business-standard.com/article/economy-policy/india-might-offer-concessions-to-eu-to-push-stalled-trade-pact-117101900371_1.html dated 19.10.2017)

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India might offer concessions to EU to push stalled trade pact

File photo of Prime Minister Narendra Modi with Donald Tusk, President of the European Council and Jean-Claude Juncker, President of the European Commission after their joint press conference at Hyderabad House in New Delhi (Photo: PTI)

The government might offer concessions to the European Union (EU) in a bid to push forward the talks on a proposed trade pact, stuck for four years.

A Broad-based Trade and Investment Agreement (BTIA) was first mooted in 2007. The 16th and previous formal round of discussion was in 2013. Hurdles remain on issues of tariff reduction and market access in the alcohol and automobile, sectors, prime European exports to India.

The prime minister's office is nudging the commerce department to take forward stagnant trade discussion. So, tariff concessions in these areas have been discussed, a senior commerce and industry ministry official said, on condition of anonymity. Chief negotiators from both sides are to meet in mid-November.

The stagnancy in talks was made evident during the visit earlier this month by European Commission president Jean-Claude Juncker; met the prime minister. Despite extensive talks during the 14th India-EU Summit in Delhi on October 6, during which European Council president Donald Tusk was also present, both sides failed to move forward.

On the contrary, Juncker said any discussion on trade would only be held once the terms of engagement had changed. In contrast, the two sides held extensive deliberations on other bilateral, regional and international issues, including the theRohingya crisis and North Korea.

Investment positions

"Trade talks had hit a wall after India decided to terminate existing bilateral investment treaties (BITs) with 23 European countries in 2016," a senior EU diplomat said. The EU had warned that the move would stop investments from its member countries and asked India to keep these individual agreements in force until a new pact was signed.

However, the Indian government has maintained that all future investment pacts will be negotiated under the framework of the model BIT issued by the government in 2015. This was meant to form the basis for individual agreements to be negotiated with other nations. However, most of those negotiations are not time-bound, while the existing treaties would end over the coming year.

This was raised during the PM's visit to Brussels for the 13th India-EU Summit. While the commerce department has pushed for exceptions to be made in investment treaties, the finance ministry has been against it.

"The EUs prime concern with the BIT is with the clause stipulating that if an investor-state dispute arises, a foreign investor can only seek the option of international arbitration when all domestic legal routes have been exhausted. While India feels this is required to keep control on litigation and reduce the chances of extremely high penalties from international tribunals, the EU calls the Indian legal system slow and corrupt," a senior Delhi-based trade expert said.

Talking trade

Both sides had last year adopted an agenda in Brussels for a broad-based approach to "resolve trade irritants, in particular concerning goods, services and investments, and strengthen trade and investment relations".

On is note, India has made clear its dissatisfaction on the slow progress on issues related to facilitation of greater movement of professionals from one country to another and on services trade. This also involves India's demands to be classified a data-safe country, which will help Indian information technology and outsourcing companies gain a foothold.

Other than being India's largest trading partner and its biggest export destination, the bloc has also been Delhi's 'strategic' partner' since 2004. Total export to the 27 member-nations of the EU reached $47.2 billion in 2016-17, from $44.5 bn a year before. Import dipped slightly to $42.4 bn, from nearly $44 bn in 2015-16.

For India, this translates to 17 per cent of its total export and 11 per cent of aggregate import. The share of trade with the EU as compared to total bilateral trade has progressively shrunk in recent years. A little more than a decade before, when the strategic partnership was initiated, export to the bloc was 21.8 per cent of all export; import was 17.3 per cent of all inbound trade in 2004-05.

The trade negotiations also cover issues such as sanitary and phyto-sanitary measures, technical barriers and intellectual property rights. These also need to be worked on before a deal is sealed.

(Source:-http://www.business-standard.com/article/economy-policy/india-might-offer-concessions-to-eu-to-push-stalled-trade-pact-117101900371_1.html dated 19.10.2017)

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Recent developments in EU trade and investment policy

Moves to accelerate free trade agreements

On May 16 2017 the European Court of Justice (ECJ) handed down its opinion in Case 2/15, regarding the European Union's competence to conclude its proposed free trade agreement (FTA) with Singapore. The ECJ ruled on provisions relating to:

  • the protection of non-direct (ie, portfolio) foreign investments; and
  • investor-state dispute settlement mechanisms which go beyond the European Union's exclusive competence.

The ECJ confirmed that Article 207 of the Treaty on the Functioning of the European Union gave the European Union exclusive competence to implement its common commercial policy, which includes concluding trade agreements comprising provisions concerning both the admission and protection of foreign direct investment. However, the ECJ found non-direct foreign investment to fall outside of the scope of the European Union's common commercial policy and thus to be excluded from the European Union's exclusive competence. The ECJ also highlighted the fact that the proposed investor-state dispute settlement mechanism would have removed disputes from the jurisdiction of member state courts. On this basis, it concluded that such provisions required the consent of member states and therefore exceeded the European Union's exclusive competence.

The consequences of the ECJ's opinion are that FTA proposals incorporating provisions on the protection of non-direct foreign investments or investor-state dispute settlement mechanisms should be treated as mixed agreements, requiring ratification from not only the European Union, but also each member state. This was bound to have an appreciable effect on the negotiation and contents of future EU FTAs, as exemplified by President Juncker's recent proposals to open FTA negotiations with Australia and New Zealand, excluding any provisions relating to investment protection or the resolution of investment disputes.

The decision to keep the provisions of the proposed FTAs within the boundaries of exclusive EU competence can be seen as the European Commission's recognition that the need to involve each member state, and the additional time and complication that this will inevitably require, outweighs the benefits of including provisions on non-direct foreign investment or investor-state dispute settlement in EU FTAs. These concerns are well illustrated by the ability of Belgium's Wallonia region to delay the passage of the Comprehensive Economic and Trade Agreement (CETA) with Canada.(1) The recent State of the Union speech saw Juncker emphasise the need for the European Union to be efficient when negotiating FTAs, acknowledging that potential trade partners from across the globe have been "lining up at the EU's door". He also expressed an intention to conclude the proposed agreements with Australia and New Zealand before the end of the commission's existing mandate (ie, before 2019) as a substitute to the now-stalled EU-US Transatlantic Trade and Investment Partnership. In this regard, Juncker highlighted that the European Union must ensure that its "own institutional set-up is fit for purpose so that it can ratify and implement agreements in an effective manner and preserve its reputation as a credible negotiating partner". On that basis, investment protection and the resolution of investment disputes will likely be dealt with in separate mixed agreements that require ratification at member state level.

Investment court system under scrutiny

On September 6 2017 the ECJ received a request from Belgium for an opinion on the legality of the investment court system under the EU treaties. The investment court system had been incorporated into the recently negotiated CETA, which had initially been met with opposition (notably from Wallonia) due to the rights it confers on investors to challenge the decisions of member state governments. Belgium – which did not itself take any position on the questions referred to the ECJ – submitted the request as part of a compromise reached with Wallonia on this issue.

More specifically, Belgium asked the ECJ to provide an opinion regarding the compatibility of the investment court system with:

  • the ECJ's exclusive competence to provide the definitive interpretation of EU law;
  • the general principle of equality and the 'practical effect' requirement of EU law;
  • the right of access to the ECJ; and
  • the right to an independent and impartial judiciary.(2)

These developments emphasise the political sensitivities surrounding trade and investment agreements, providing further evidence of the inevitable complications that will arise if FTAs are to require ratification from each member state. This also bears relation to the ECJ opinion on the EU-Singapore FTA. Whereas that decision addressed the European Union's competence to enter agreements including investor-state dispute mechanisms, these questions address the compatibility of the mechanism itself.

EU regulatory intervention in investment review

In his State of the Union speech of September 13 2017, Juncker stated that "Europe must always defend its strategic interests" and that foreign, state-owned companies should be able to invest in European technology or infrastructure with "transparency, with scrutiny and debate". It is on this basis that the commission has proposed a new framework for the screening of foreign direct investment on grounds of security and public order.

The proposal leaves most of the power with the member states. It does not oblige member states to enact a screening mechanism, but rather creates the framework that enables them to do so should they wish. The other purpose of the proposal is to facilitate exchange of information. It includes a mechanism to facilitate cooperation between member states and the commission which can be activated when a member state considers that an investment by a foreign entity in another member state may have a detrimental effect on the security or public order of another. In such a scenario, the concerned member state can submit its comments to the relevant member state and the commission. In addition, the proposal confers on the commission the right to conduct screening on grounds of security or public order in those instances where the proposed investments may have a detrimental effect on projects or programmes of EU interest.

The ECJ's opinion on the EU-Singapore FTA acknowledged that the European Union has exclusive competence on matters affecting foreign direct investment. Accordingly, existing member states' foreign direct investment screening regimes were liable to be challenged as a violation of the European Union's exclusive competence. The commission's proposals are a means of resolving this issue.

(Source: http://www.internationallawoffice.com/Newsletters/International-Trade/European-Union/Herbert-Smith-Freehills-LLP/Recent-developments-in-EU-trade-and-investment-policy dated 20th October-2017)

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Export sops get ready

New Delhi: The Centre plans to work out export incentive packages worth Rs 15,000 crore in the coming weeks as global trade picks up. The packages will be compliant with the World Trade Organisation norms. The officials of the finance and commerce ministries will meet to discuss the measures and this could be announced as part of the Foreign Trade Policy review next month, a senior commerce ministry official said.

Union commerce minister Suresh Prabhu in a communication to finance ministerArunJaitley has listed out the incentives. The officials of the two ministries will meet to work out the fine print.

The proposed measures include allowing the scrips earned under the popular Merchandise Exports from India Scheme (MEIS) to be used to pay the Goods and Services Tax (GST), increasing incentive rates and interest subsidy rates for labour-intensive sectors, reducing the GST rate on MEIS/SEIS scrips and infusing more capital into the Export Credit Guarantee Corporation of India.

The country would have to phase out export subsidies at it has breached an income threshold stipulated by the WTO to end such sops. According to the special and differential provisions in the WTO's Agreement on Subsidies and Countervailing Measures, when a member's per capita gross national income (GNI) exceeds $1,000 per annum (at the 1990 exchange rate) for the third straight year, it has to phase out its export subsidies. There is, however, no clarity on the time frame to end such subsidies. Twin compliances

Officials said the Merchandise Exports from India Scheme (MEIS) is being redesigned to make exports GST and WTO compliant. Duty-drawbacks are basically taxes foregone and that is considered a "prohibited subsidy" by the WTO. The five-year foreign trade policy (2015-20) provides a framework to boost the exports of goods and services, besides the creation of more jobs.

Exports are showing signs of picking up as they soared 25.67 per cent to $28.61 billion in September, the highest growth in six months on the back of expansion in the the shipments of chemicals, petroleum and engineering products.

Exports had grown 27.5 per cent in March. Imports, too, rose 18.09 per cent to $37.6 billion in September.

(Source: https://www.telegraphindia.com/business/export-sops-get-ready-180236 )

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'Germany, UK will gain the most from an India-EU free trade deal'

(from left) Murali Nair, Senior Project Manager/Program Germany & Asia, Bertelsmann Stiftung; R Srinivasan, Editor, BusinessLine ; Jasper Wieck, Deputy Head of Mission of the German Embassy in India; and Andreas Esche, Program Director, Bertelsmann Stiftung, during the round table on EU-India FTA in New Delhi

NEW DELHI, OCTOBER 25: Germany and the UK will witness the highest absolute gains if the proposed Free Trade Agreement (FTA) between India and the European Union (EU) is concluded, states a study conducted by the Bertelsmann Stiftung of Germany.

Speaking at a round table on EU-India FTA organised by BusinessLine in association with the Bertelsmann Stiftung, Deputy Head of Mission of the German Embassy in India, Jasper Wieck, said: “We are afraid that those opposed to the India-EU FTA will keep finding reasons to delay it.”

“Some fear that the FTA will put domestic players at unease. But protecting existing investments is also a part of the FTA negotiations. I object to the notion that an FTA would put the domestic auto industry in India at risk from German counterparts.”

The study also suggested that if the UK exited the EU, India will stand to lose almost 21 per cent of the proposed gains from the FTA, which is officially called the Broad Based Trade and Investment Agreement (BTIA). As a result, India will then have to negotiate a separate trade pact with the UK to compensate for the losses, the study said.

Counsellor, Trade & Economic Affairs, EU Delegation in India, MarikaJakas, said, “We are keen on an FTA with India. The EU wants more market access in India for textile and agriculture sectors. There are very few bilateral investment treaties that have not yet expired. We have a very good reason to get FTA negotiations going to protect existing investments.”

However, Jakas said all sticky issues will be discussed when the chief trade negotiators from both sides meet next month to take stock of the matter and how to kickstart the stalled talks.

Data adequacy issue

On the controversial issue of data adequacy, one of India’s long-standing demands, Jakas said it cannot be discussed under the FTA as per EU rules. She said the issue of granting India ‘data-secure’ status can only be negotiated separately.

Arpita Mukherjee from ICRIER stated that for a successful conclusion of any trade agreement, it is imperative for all the line ministries to also take part in the ongoing negotiation and not just leave it to the Ministry of Commerce and Industry.

For example, she said, when sensitive matters such as market access for agricultural items are being discussed, it is critical that the Agriculture Ministry gets involved in the talks.

RanjaSengupta of Third World Network said, "We, as civil society remain critical of this and we think the chapter on labour and environment standards is cosmetic. It cannot really help labour, and we want a much more comprehensive monitoring framework spanning all chapters, not just on labour and environment standards. In fact we have always strongly criticised EU's Sustainable Development chapter through which they apparently show their commitment to development while demanding provisions in other chapters which can be very adverse for Indian workers."

For democracies, FTAs are not merely a function of economic benefit, BusinessLine Editor R Srinivasan said. “The fundamental challenge is that agreements happen when the leadership feels it can politically sell it. For Prime Minister Narendra Modi, it will be difficult to sell an FTA with the EU as domestic businesses will say it increases competition and can lead to job losses,” he pointed out.

(Source:-http://www.thehindubusinessline.com/economy/germany-uk-will-gain-the-most-from-an-indiaeu-free-trade-deal/article9924154.ece dated 25th October-2017)

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India's grooming and cosmetic market to touch $35 billion by 2035: Study

BANGALURU: The market size of India's beauty cosmetics and grooming is expected to touch $35 billion by 2035 from the current level of $6.5 billion says the joint study undertaken by ASSOCHAM- MRSSIndia.com.

The study has revealed that the consumption the consumption pattern of cosmetics among teenagers went up substantially between 2005 and 2017 because of increasing awareness and due to the desire to look good and over 68 per cent of young adults feel that using grooming products boost their confidence. Also about 62 per cent of young consumers in big cities prefer to buy online beauty and grooming products 45 per cent of consumers tend to buy cosmetics and apparels from any shop of their convenience rather than a single shop.

The chamber spokesman said, the Indian men's grooming market witnessing a growth of more than 42 per cent in the last five years the growth is faster than the growth rate of the total personal care and beauty industry in India.

Since the Indian consumers tend to purchase natural and herbal cosmetics products, the herbal cosmetic industry is expected to grow at a rate of 12 per cent in India.

The overseas markets have great demand for Indian herbal and natural cosmetic products and exports to countries like the UAE, the USA, the Netherlands, Saudi Arabia, Germany, Japan, Malaysia, Nepal, Sri Lanka, UK, China, Indonesia, France, Russia, and Italy.

According to CHEMEXCIL, the exports of cosmetics, toiletries and essential oils during 2015-16 was around $1,007.20 million. The import during the same period was $703.58 million.

Among all the Indian cosmetic industry, the best-selling and the most popular items are color cosmetics, of which nail varnish, lipsticks and lip glosses. Indian products have gained the demand due to their experience in extraction of the best from natural dyestuff, flowers, roots, oils, etc.

Indian market has herbal cosmetic brands like Forest Essentials, Biotique, Himalaya Herbals, Blossom Kochhar, VLCC, Dabur, Lotus, Jovees, Kama Ayurveda, Patanjali, Just Herbs, and many more.

The major factors behind the preference for personal care products include the words such as 'natural', 'organic', 'botanical', 'free from' some harsh chemical, and even 'religious compliance'. Over half of Indian consumers reported 'natural or organic' features influencing hair and skin care purchase decisions. According to 71 per cent consumers they would prefer 'natural' face cream or lotion over other similar products. About 38 per cent said they would buy hair products containing 'botanical' ingredients. Even 'religious compliance' has swayed 17 per cent consumers.

(Source: https://timesofindia.indiatimes.com/business/india-business/indias-grooming-and-cosmetic-market-to-touch-35-billion-by-2035-study/articleshow/61339173.cms dated 30th Oct-2017)

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India, Italy agree to boost economic ties (Lead)

New Delhi, Oct 30 (IANS) Overcoming the freeze in ties on the marines issue for over five years, India and Italy on Monday agreed to boost economic ties from the current bilateral trade level of $8.8 billion as the two sides signed six agreements, including on mutual investments and energy, following delegation-level talks headed by Indian Prime Minister Narendra Modi and his Italian counterpart Paolo Gentiloni here.

“India and Italy are two large economies of the world and there is a lot of scope to boost our commercial cooperation,” Modi said in a joint address to the media following talks with Gentiloni, the first Italian Prime Minister to visit India in 10 years.

“There is immense potential to increase our bilateral trade from the current levels of $8.8 billion,” he said.

He said discussions with members of a high-level Italian business delegation accompanying Gentiloni has left him with a lot of optimism

He called for more participation of Italian companies in India’s flagship programmes in collaboration with Indian companies.

“Our requirements in sectors like smart cities, food processing, pharmaceuticals and infrastructure match the expertise and capabilities of Italy,” Modi stated, adding that Italy would be the focus country in the World Food India to be held in November.

Diplomatic ties between India and Italy came to a near freeze following the February, 2012 firing by two Italian marines, Massimiliano Latorre and Salvatore Girone, from merchant vessel Enrica Lexie, killing two Indian fishermen off Kerala.

The case is now with the International Tribunal for the Law of the Seas (Itlos) at the The Hague and India has allowed both the marines to return to Italy.

The stand-off between New Delhi and Rome also affected the talks for a free trade pact between the European Union and India. According to a joint statement issued following the talks, both Modi and Gentiloni “appreciated the strong India-Italy economic linkages and committed to work in a result-oriented and mutually beneficial manner by injecting a renewed momentum into the broad-based economic engagement between the two countries”.

“PM Modi called upon the Italian industry to explore India’s untapped business opportunities in the infrastructure, food processing, renewable energy, and high-tech manufacturing sectors,” it stated.

“PM Gentiloni also called upon Indian industry to identify business opportunities, including in Italy’s textile, automotive, leather, machinery and chemical sectors.”

The Italian Prime Minister also highlighted his country’s commitment to the Make inIndia initiative through the activities of the 628 Italian companies which have invested over $2.4 billion and provide employment to over 23,000 people in India.

According to the statement, both leaders announced the organisation of an Indo-Italian High Level Forum on Design, with a focus on industrial design, auto design, architecture, interior design, and fashion.

Gentiloni also underlined Italy’s industrial expertise in the defence sector, and the renewed interest of Italian industry in participating in defence manufacturing under the Make in India initiative.

“In the area of smart cities, both sides expressed their intent to identify specific areas for cooperation,” the statement said.

“The Indian side welcomed the Italian initiative to share their experience in the area of urban rehabilitation, advanced technology solutions in the area of energy management (from smart grids to electric mobility networks), affordable housing and waste management,” it stated.

Both Modi and Gentiloni expressed their shared commitment to strengthening the economic partnership between India and the European Union (EU) and noted the ongoing efforts of both sides to reengage actively towards an early resumption of negotiations for a comprehensive and mutually beneficial India-EU Broad Based Trade and Investment Agreement (BTIA), according to the statement.

In his address to the media, Modi highlighted science and technology another area of cooperation between the two countries and said that Italy was emerging as a destination of choice for higher education among Indian students.

Stressing on cultural contacts and cooperation, he said: “I was pleased to know that a lot of people in Italy have a deep and abiding interest in Indian culture, cuisine, cinema, music, dance, yoga and ayurveda.”

The Indian Prime Minister called for strengthening cooperation in tourism and people to people exchanges to strengthen such links further.

“We discussed in detail some of the emerging security challenges facing the world,” Modi said.

“We are both committed to fight terrorism in all its forms, and to strengthen our cooperation in cyber security.”

Following Friday’s talks, the two sides signed six agreements, including two memorandums of understanding (MoUs) on cooperation in mutual investments and in the field of energy, and a joint declaration of intent of cooperation for safety in the railway sector.

Gentiloni arrived here on Sunday in what is the first Italian prime ministerial visit to India in over decade after the visit of then Prime Minister Romano Prodi in February 2007.

Indo-Italian ties got a breather when External Affairs Minister Sushma Swaraj visited the Vatican in September last year for the canonisation of Mother Teresa.

(Source:-http://www.newspatrolling.com/india-italy-agree-to-boost-economic-ties-lead/ dated 31st Oct-2017)

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India, Latvia focus on boosting bilateral ties

India and Latvia on Friday discussed ways to boost bilateral ties during a meeting between Prime Minister Narendra Modi and his Latvian counterpart Maris Kucinskis.

"The two leaders held discussions on various aspects of bilateral ties as well as important regional and global issues of mutual interest," the External Affairs Ministry said in a statement.

"The two leaders focused on building closer cooperation in the areas of trade and investment, food processing, and culture among others," it said.

"India's economic ties with Latvia have strengthened in recent years with growing awareness about the prospects in food processing sector as well as other opportunities in the infrastructure sector."

A protocol amending and supplementing the Agreement between India and Latvia relating to air services was also signed during the meeting.

Bilateral trade between India and Latvia stood at about $141 million in 2015-16. Major Indian exports are tea, coffee, tools, pharmaceuticals, chemicals, garments, iron & steel etc and imports include chemicals, fertilizers, iron and steel and machinery.

There is scope for growth of textiles, agro-products, gems and jewellery, chemical dyes and pharmaceuticals.

Earlier on Friday, Kucinskis attended the World Food India event that was inaugurated by Modi.

A 16-member business delegation from seven Latvian companies is participating in Wood Food India 2017.

"Latvian companies exhibiting at this prestigious event represent sectors such as dairy, fish processing, confectioneries and mineral and drinking water," the External Affairs Ministry statement said.

Kucinskis, who arrived here on Thursday on a four-day visit to India, will leave for Mumbai on Saturday where he will inaugurate the an honorary consulate of Latvia and will participate in the Latvia-India Transport and Logistics Conference titled "Latvia: India's Gateway to Europe and CIS countries".

(Source:-http://www.business-standard.com/article/news-ians/india-latvia-focus-on-boosting-bilateral-ties-117110301623_1.html dated 3rd Nov-2017)

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CONTENTS

Chairman's Desk

Chemexcil Activities

CHEMEXCIL's INDIAN CHEMICALS & COSMETICS EXHIBITION DHAKA, BANGLADESH

GST Outreach session at O/o Principal Commissioner, CGST, Mumbai South Commissionerate, Mumbai on 3rd October 2017

Consultation meeting with Duty Drawback Committee on 31/10/2017 at Crowne Plaza, Ahmedabad

Exim Updates

2017 Important Update on E-Seals -Implementing Electronic Sealing for Containers by exporters under self-sealing procedure prescribed by circular 26/2017-Cus dated 1st July 2017, circular 36/2017 dated 28.8.2017 and 37/2017 dated 20.9.2017.

GST : Form GST TRAN-1 submission (with revision facility) extended to 30th November 2017 Eleventh Amendment to CGST Rules, 2017 Others

DGFT -Important Public Notices issued regarding EPCG Scheme

DGFT Enhancement in the validity period of Duty Credit Scrips issued on or after 01.01.2016

DGFT Onetime relaxation for EO extension and clubbing of Advance Authorisations

GSTR-3B Waiver of late fee on filing of GSTR-3B for August and September, 2017

NOTIFICATION NO. 41/2017 Integrated tax (Rate) Notification to prescribe Integrated Tax rate of 0.1% on inter-State supply of taxable goods by a registered supplier to a registered recipient for export subject to specified conditions.

2017 Announcements by ECHA on the use of Zinc oxide and clarification for downstream users of Cromium VI Compounds

IGST Refunds Validation of Bank Accounts in the Public Financial Management System (PFMS)/ Issues hindering the disbursal of IGST Refund

Important GST : Notifications to exempt integrated tax and compensation cess on import of goods under AA/EPCG schemes / Notification to exempt goods imported by EOUs from integrated tax and compensation cess / Others

DGFT Amendments in Foreign Trade Policy 2015-20

GST Portal : Advisories issued by GST Portal on discrepancies faced

GST: CBEC Instructions to field formations for Refund of IGST paid on export of goods under Rule 96 of CGST Rules 2017

Important GST : Recommendations made during 22nd GST Council meeting of 06/10/2017 Relief Package for Exporters

GST : Facility of furnishing Letter of Undertaking extended to more exporters/ Clarifications

E-Seals: Details of Vendors providing E-seals (as per Circular 36/2017-Customs & 37/2017-Customs)

Upgradation of India Korea CEPA Comments on additional 146 tariff lines from Korean side

News & Articles

Exports to India fail to pick up

India, European Union may form joint group on FTA

Bangladesh: Jaitley arrives in Dhaka, will ink $4.5 billion Line of Credit deal

India Considers Free Trade Zone For Afghan Goods

Commerce Ministry announces time relaxation for Navi Mumbai SEZ to address issues

India – Europe business outlook, Recovering from pessimism despite persistent challenges

Govt. seeks sector-wise plan from industry to spur exports

Commerce Min to revisit $900 bn exports target

GST will create pace for industrial growth: Commerce Secretary

EU, India Leaders Call for "Timely Relaunch" of Trade Talks

Exports Grow In September As Demand For Indian Chemicals, Engineering Soar

Comm. Min aligns certain FTP provisions with GST

Fresh talks on free trade pact with EU to give equal weight to goods, services, investment

Centre mulls Rs 16,000-cr incentive package to boost exports

India might offer concessions to EU to push stalled trade pact

Recent developments in EU trade and investment policy

Export sops get ready

‘Germany, UK will gain the most from an India-EU free trade deal’

India’s grooming and cosmetic market to touch $35 billion by 2035: Study

India, Italy agree to boost economic ties (Lead)

India, Latvia focus on boosting bilateral ties


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