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NEWS ARTICLE

1. EXPORT INCENTIVE SCHEMES UNDER THE FTO – ARE EXPORTS STILL
                    ‘INCENTIVIZING’ UNDER THE GST REGIME?

Under the GST regime, MEIS and SEIS scrips can      payments of customs duties on the import
be used only for payment of Basic Customs Duty      of goods, excise duties on certain domestic
(BCD).                                              procurement of goods and service tax on the
                                                    receipt of specified services.
The Government of India has always endeavoured
to encourage and incentivise exports, and it has    Under the GST regime, MEIS and SEIS scrips
been an avowed policy to export goods and           can be used only for payment of Basic Customs
services and not taxes and duties. The Ministry of  Duty (BCD), and cannot be used for payment of
Commerce, Government of India has consistently      Integrated GST (IGST) and GST Compensation
formulated schemes aimed at diversifying Indian     Cess leviable on imports, and Central GST (CGST),
exports and creating a stable policy environment-   State GST (SGST), IGST and GST Compensation
Foreign Trade Policies (FTP). The FTP 2015-20       Cess on domestic procurements. Therefore GST
announced various schemes (some new and             will have to be paid in cash by importers, resulting
others modified existing schemes) as a step         in cash outflow at the point in time of import,
towards the Prime Minister’s much touted ‘Make      although credit of such taxes paid in cash would
in India’.                                          be available to them. One moot aspect also is that
                                                    the Government has assured refund for taxes paid
On June 30th, 2017 the Directorate General of       in exports within 7 days (upto 90%), yet, it does
Foreign Trade (DGFT) issued a Trade Notice          not consider the life-cycle of production/service
amending the scope, applicability and procedural    rendition from the point of import!
aspects of some of the FTP schemes, in view
of and to align with the new GST regime that        The Advance Authorization (AA) scheme and
India embraced from 01st July, 2017 – all these     Duty-Free Import Authorization (DFIA) Scheme
changes took effect from July 1st, 2017. Are these  allow duty free import of inputs which are
FTP schemes still incentivising exports after the   physically incorporated in the resultant exports
amendments? Some of the key amendments              to manufacturers/exporters including those
scheme-wise are discussed below:                    associated with supporting manufacturers,
                                                    subject to certain conditions.
Merchandise Exports from India Scheme (MEIS)
and Service Exports from India Scheme (SEIS) are    Under the GST regime, while the exemption
focussed on boosting merchandise and service        from payment of Customs duties, including BCD,
exports from India. The rewards granted under       Additional Customs Duties Anti-dumping Duty,
these schemes are that of duty credit scrips.       Safeguard Duties and Customs Cesses continue,
Previously, the scrips could be used for making     there is no exemption from payment of IGST and
                                                    GST Compensation Cess for imports under AA/
                                                    DFIA. Companies making local procurements will
                                                    have to pay applicable GST using an Invalidation
                                                    Letter of AA/DFIA.

                                                    Therefore, there can be seen to have occurred a
                                                    paradigm shift in pattern and manner of business
                                                    transactions. Previously, an exporter need not
                                                    have funded the tax portion of imports in the

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