The Export Promotion Capital Goods (EPCG) scheme was introduced by the Directorate General of Foreign Trade (DGFT) under Chapter 5 of the Foreign Trade Policy (FTP) 2015-20. The idea behind the launch of this scheme was the facilitation of capital product imports so that Indian manufacturers can use them to produce quality goods. This scheme aims to improve India’s manufacturing prowess in the global market. EPCG Scheme allows import of capital goods (except those specified in the negative list in Appendix 5 F for pre-production, production and postproduction at zero customs duty. However, there is a compulsion on the business to bring in foreign currency which is equal to 600 per cent of duty saved on such importation measured in domestic currency. This is to be done within six years from availing of the Export Promotion Capital Goods Scheme.
Some services that were earlier allowed under the EPCG scheme were later discounted under the GST regime. As per FTP 2015-2020, Capital goods imported under EPCG Authorization for physical exports are also exempt from IGST and Compensation Cess upto 31.03.2020 only, leviable thereon under the subsection(7) and subsection (9) respectively, of section 3 of the Customs Tariff Act, 1975 (51 of 1975), as provided in the notification issued by Department of Revenue. The export promotion capital goods scheme can be availed on the import of capital goods during the pre-production, production, and post-production stage with nil customs duty. The scheme is applicable when the imported goods are:
The objective of the EPCG Scheme is to facilitate the import of capital goods for producing quality goods and services and enhancing India’s manufacturing competitiveness. While advance licenses/authorizations were neutralizing the duty/tax incidence on ‘inputs’, the exporters earlier had no scheme to neutralize the duties/taxes paid on capital goods. Therefore, the EPCG Scheme aims at the procurement of capital goods duty/tax-free for exporters.
Export Obligation under EPCG SchemeExport Obligation (EO) is an arrangement used in the import of capital goods under the EPCG scheme. Such imports are made under an EO, which must be six times the duty that would otherwise be paid on the import of the capital goods. The EO must be fulfilled within six years from the date of issuance of the EPCG authorization. In the case of indigenous sourcing of capital goods, specific EO shall be 25% less than the stipulated EO (i.e. 5.4 times of notional duties, taxes and cess saved).
EO under the Scheme shall be, over and above, the average level of exports achieved by the applicant in the preceding three licensing years for the same and similar products within the overall EO period. Such average would be the arithmetic mean of export performance in the preceding three licensing years for the same and similar products. Some conditions for EPCG export obligation calculation are to be fulfilled as follows:
Only 75% of the EO is required for export of green technology products.
We can extend the Export Obligation period by two years after completion of 6 Years (6+2=8 Years). We can extend by paying a composition of 5% for the first year and 10% for the second year on the proportionate Duty saved value on pending / unfulfilled Export Obligation. But the minimum composition fee to be paid is ₹ 10,000/-. Alternatively, if the Exporter doesn’t want to pay the composition fees and has procured new export orders, he can enhance the EO by 10%/20% for the first/second-year respectively. In such cases, no composition fees will be required.
As we all know that due to the heavy custom duties, companies have to pay on the Capital machinery imported for the production requirements, due to which businessmen usually do not import them and compromise with the quality of the goods. The higher the price of the Machinery used to be, the higher the custom duty was, and this functionality started affecting the competitiveness and quality of manufacturing industries deeply. To improve this situation, The Government of India came up with a scheme where it was allowed to import capital goods at zero customs duty. EPCG Scheme was introduced by the Government of India to facilitate the Import of Capital Goods/Machinery for producing high-quality goods and services. The main aim of the EPCG Scheme is to improve India’s competitiveness in the manufacturing sector. Under the EPCG Scheme, below are the Type of Capital Goods / Machinery eligible for Import
As per para 9.08 of FTP 2015-20, “Capital Goods” are defined as “any plant, machinery, equipment or accessories required for manufacture or production, either directly or indirectly, of goods or for rendering services, including those required for replacement, modernization, technological up-gradation or expansion. It includes packaging machinery and equipment, refrigeration equipment, power generating sets, machine tools, equipment, and instruments for testing, research and development, quality, and pollution control. Capital goods may be for use in manufacturing, mining, agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, poultry, sericulture, and viticulture as well as for use in the services sector.”
Export Promotion Capital Goods are capital goods used in the production of goods that are exported to other countries. It includes machinery as well as spares. Hence, to qualify as Export Promotion Capital Goods, the commodity manufactured in India must be exported outside India. The capital goods allowed under Export Promotion Capital Goods Scheme shall include spares (including reconditioned/ refurbished), fixtures, jigs, tool, moulds and dies. Under this scheme of Foreign Trade Policy (FTP), importation of capital goods required for the manufacturing of export-oriented product specified in the Export Promotion Capital Goods Authorization is permitted at concessional/nil rate of duty. This scheme under Foreign Trade Policy allows technological up-gradation of the indigenous industry.
Export Promotion Capital Goods (EPCG) Authorizations are issued by licensing authority – Director General of Foreign Trade (DGFT) based on the certificate issued by an Independent chartered engineer. Few of the items on which Customs Duty Rates are revised are as follows: –
Reduced duty on copper scrap from 5% to 2.5%
The revised rates will be applicable from 2nd February 2021 onwards.
In order to obtain a License under the EPCG scheme, it is a primary requirement to file an application with the licensing authority of the Director General of Foreign Trade. The application shall be attached with the required documents along with the company and personal details. The issuing authority is the licensing authority – Director General of Foreign Trade (DGFT).
To avail of the benefits of the EPCG License, the exporter has to file an application with the DGFT. To apply for this incentive, fill up the Ayat Niryat Form 5B (ANF 5B) along with the following documents:
All these documents must be self-certified copies.
The CSP will have to meet the conditions of the Export Obligation, and its shipping bills must contain the details of the EPCG authorization.
The exporter must inform the concerned authority about CSP activities before it begins exporting.
The CSP will provide bank guarantee equal to the customs duty saved, against the export goods.
There are two types of Export Obligations – Average Export Obligation and Specific Export Obligation. We have to maintain both the obligation. While maintaining specific export obligations, we have to fulfill block-wise as per given below table and same we have to submit to DGFT.
Period from the date of issue of EPCG License | Minimum specific export obligation fulfilled |
---|---|
1st Block(1st to 4th year) | 50% |
2nd Block(5th and 6th year) | Balance/ Pending Specific EO |
If the Authorization holder has fulfilled 100% Average Export Obligation each year from the issue of license and 75% or more of Specific Export Obligation in half or less than half of the original Export Obligations period, the holder can redeem the license as per para 5.09 FTP.
Export Obligations equivalent to 6 times of duties, taxes and cess saved on import of Capital goods to be fulfilled in 6 years reckoned from the date of issue of authorization
Trounle obtaining credit
Most investors, banks or lenders will do a primary check to see if the applicant has got any basic licenses in order. Any busniess planning to scale to a greater level must apply for the license based on predicted sales/capacity.
In case of integrated tax and compensation cess are paid in cash on imports under EPCG, incidence of the said integrated tax and compensation cess would not be taken for computation of net duty saved provided that Input Tax Credit is not availed
The authorization holder would intimate the Regional Authority on the fulfillment of the export obligation, as well as average exports, within three months of completion of the block, by secured electronic filing using digital signatures. The authorization holder shall submit to RA concerned by 30th April of every year, report on the fulfillment of export obligation by secured electronic filing using digital signatures/ or hard copy thereof.
Note: If the EPCG License holder intends to pay the IGST & Compensation cess while importing, then the net duty saved amount would be reduced accordingly, which will, in turn, reduce the obligation. However, this facility can only be availed on the condition that tax credit of IGST will not be taken by the Exporter.
If the EPCG Scheme is availed for the below mentioned Export products, then the average export obligation will be exempted:
Apart from the exemption to the above sectors, relaxation is also provided to such sectors where the global growth rate has declined more than 5% for a particular FY.
The next step after Export Obligation is fulfilled is to close the EPCG License and apply for redemption/ Closure. We need to fill the redemption Form ANF 5B along with the specified documents mentioned in the form and submit it with the original license at the DGFT RA for Closure.
EPCG Redemption or EPCG License closure procedure is a mechanism through which the DGFT monitors the fulfillment of the export obligation given to holder by the Government. We can help you in closure of EPCG License by preparing correct documents as per DGFT Rule.
The License holder has to fill the redemption form of ANF 5B with the relevant documents mentioned and submit to DGFT RA. The DGFT will issue a closure certificate called Export Obligation Discharge Certificate.
We can surrender the EPCG License, if the holder does not want to import capital goods by submitting the relevant documents.
Additional items for import under EPCG Scheme for service providers
EPCG Scheme is available for manufacture as well for service providers like the hospital, hotel, university, etc., Following are the additional benefits to service providers under the EPCG scheme:
Import of Capital Goods namely | Permissible for imports |
---|---|
Furniture, carpets, crockery, marble, chandelier, tiles, flooring, doors for rooms, fixing panels. | Permitted only for the hotel industry |
Furniture and fixtures, flooring material, and furnishing material | Permitted for hospitals |
Construction equipment’s viz. cranes etc. | Permitted only for Services Providers |
Following conditions shall apply to the fulfillment of EO:
Application for grant of authorization shall be made in Form ANF 5A along with ‘nexus certificate’ from an independent Chartered Engineer (CEC) in Appendix 5A.
The authorization holder shall submit to the concerned RA, within six months from the date of completion of import, a certificate from the jurisdictional Customs authority or an independent Chartered Engineer, at the option of the authorization holder, confirming installation of capital goods at factory/ premises of authorization holder or his supporting manufacturer(s).
Appendix | Description |
---|---|
Appendix 5A | Format of Chartered Engineer Certificate for nexus under EPCG Scheme |
Appendix 5B | Certificate of Chartered Accountants/Cost Accountants/ Company Secretary (for the issue of EPCG authorization) |
Appendix 5C | Certificate of Chartered Accountants/Cost Accountants/ Company Secretary (for the redemption of EPCG authorization/ issuance of post export EPCG duty credit scrip) |
Appendix 5D | The export obligation under EPCG Scheme – List of services for which payments received in Indian Rupees terms. |
Appendix 5E | Computation of annual average Export Obligation under EPCG Scheme |
Appendix 5F | List of capital goods not permitted/ permitted for import subject to specific conditions under the EPCG scheme. |
ANF-5A | Application form for issuance of EPCG/ Post Export EPCG authorization. |
ANF-5B | Application form for the redemption of EPCG authorization/ post export EPCG duty credit scrip. |
ANF-5C | Application for clubbing of EPCG authorization. |
Third-party Exports can be counted for Export Obligation (EO) fulfillment but in such cases Shipping Bill / Bill of Exports should contain the name of Third Party along with EPCG Authorization number where the names of both Authorization holder and supporting manufacturer are indicated in export documents like Shipping Bill/ Bill of Exports etc. along with EPCG authorization number.
Provision 5.7.1 of the EPCG Scheme relating to Third Party Exports contains “
Thus, Third Party Exports are allowed under this scheme, for e.g. a company that specializes in manufacturing cotton on imported machinery can either export the finished goods itself and then show this in its own name, or it can accomplish the export through a sale to a third party, which can still be considered a fulfillment of its own export obligation, provided the export has been completed on the finished good it manufactured using the machinery that was imported. What the company cannot do, however, is try to show or claim the discharge of the export obligation on goods or products that are in no way related to what it itself has manufactured, as we will see below.
EPCG is intended to promote exports and the Government through this scheme provides incentives and other financial assistance to Exporters. Heavy exporters can take advantage of this provision but it is ill-advised for those who do not expect to manufacture very much or intend to sell their produce almost entirely in the domestic market to go ahead for this scheme, as that could lead to extreme pressure and almost impossible-to-fulfill obligations later on. Each business should take this call carefully and not without a detailed written analysis of expected export amount.
What sort of Goods and Services does EPCG Scheme apply to?EPCG is a scheme that is primarily related to machinery, machinery parts and similar goods. Any company that is involved in manufacturing sector or in heavy production that would like to import machineries for its factories from a foreign country can consider this scheme. It is not, however, limited only to such companies as the government even wishes to include service providers under this scheme, “Alternatively, export obligation may also be fulfilled by exports of other good(s) manufactured or service(s) provided by the same firm/company or group company/ managed hotel which has the EPCG license. The incremental exports to be fulfilled by the license holder for fulfilling the remaining export obligation can include any combination of exports of the original product/ service and the substitute product (s)/ service (s). The exporter of goods can opt to get the export obligation refixed for the export of services and vice versa.” In this case, bills that document the services charged to companies or clients abroad are sufficient for satisfying the export obligation.
The main benefit of the EPCG Scheme is importing capital goods with zero customs duty.
Manufacturer Exporter is eligible to apply for EPCG License. But Capital Goods imported under EPCG scheme comes with an actual user condition till the export obligation is completed. It means that the capital goods cannot be sold or transferred until the obligation is completed.
Merchant Exporter tied with supporting manufacturer is eligible to apply for EPCG License. Supporting Manufacturer’s Name and his factory address where the capital goods are proposed to be installed should be endorsed on the EPCG License. Merchant exporter while discharging his export obligation should indicate the name & address of supporting manufacturer in all his shipping documents i.e. shipping bill, Custom Invoice etc.
Various service exporters can take EPCG License to reduce capital cost. Service Exporter like Hotels, Tour Operators, Taxi Operators, Logistics Companies, Construction Companies can utilize the EPCG Scheme by importing / procuring domestically capital goods duty-free.
Capital Goods under EPCG Scheme can be imported at zero customs duty. However, it must be noted that IGST and Compensation cess is exempted only up to 31.03.2021. The Government may extend the date through a notification issued from time to time. Capital Goods under EPCG Scheme can also be procured from indigenous sources (i.e., from domestic suppliers). In such cases, applicable GST for the supply would be exempted.
The Exporter can also indigenously procure capital goods from a domestic manufacturer. Such domestic manufacturers shall be eligible for deemed export benefits under paragraph 7.03 of FTP. An EPCG authorization holder can source capital goods from a domestic manufacturer and claim deemed export benefit under the FTP. Domestic sourcing from export-oriented units is also permitted under the scheme. An EPCG authorization holder can opt for technological upgradation of capital goods that have been procured under the scheme. Deemed export is counted towards fulfillment of Export Obligation under EPCG Scheme. Supply to EOU/STP/EHTP/BTP Unit is called as deemed export and can be counted towards EO Fulfillment along with supply to SEZ units.
Fulfilling the EO is a basic precondition under the EPCG scheme. Heavy exporters are naturally better placed to fulfill this obligation and benefit from the EPCG. Therefore, it should be availed of only when production is in sizeable volumes, and one is confident of exporting the product overseas.
To obtain an EPCG License, it is necessary to file an application toward that purpose with the licensing authority –Director General of Foreign Trade (DGFT) along with supporting documents and company and personal details and history.
Based on the amount of import duty exemption, the value addition is fixed up and export obligation has to be fulfilled accordingly.
If the export obligation was genuinely unable to be completed in the time specified by licensing authority, it may be permitted to get the export obligation period extended for further period of time. However, if the export obligation has been finished, all manufactured goods henceforth can be sold locally as well in the domestic tariff area (DTA). Hence, businesses must first seek to fulfill their obligations in foreign markets before they seek to exploit favorable conditions at home.
It supports exporters who earn foreign currency in various levels of financial assistance, exemption of import duty etc. In this case, the machineries that are being imported are used for manufacturing of goods which are required to be exported so as to earn foreign exchange. However, this requires a significant initial outlay of cash nonetheless and the benefits of the machinery will accrue slowly in the coming years only. Apart from other financial assistance for exporters, an almost complete exemption of the import duty amount while importing such machineries can be obtained. When applying for EPCG license from government, the guarantee is that the company will export the required amount or quantity of goods within the stipulated time. EPCG is a good facility provided to exporters and importers by government on exemption of import duty amount.
To incentivize fast track companies to accelerate exports, there is a provision for early redemption and in cases where Authorization holder has fulfilled 75% or more of specific export obligation and 100% of Average Export Obligation till date, if any, in half or less than half the original export obligation period specified, remaining export obligation shall be condoned.
Authorization holder is required to submit to RA concerned by 30th April of every year, report on fulfillment of export obligation.The scheme allows one or more requests for grant of extension in export obligation period, on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled export obligation or an enhancement in export obligation imposed to the extent of 10% of total export obligation imposed under authorization, as the case may be, at the choice of exporter, for each year of extension sought. Such first extension in EO period can be for a maximum period of 2 years. Extension in EO period beyond two years’ period may be considered, for a further extension upto 2 years with a condition that 50% of duty payable in proportion to the unfulfilled export obligation is paid by authorization holder to Custom authorities before an endorsement of extension is made on EPCG authorization by RA concerned. In such cases, no composition fee is to be paid or additional EO is to be imposed. In case the firm is still not able to complete the export obligation, duty already deposited will be deducted from total duty plus interest to be paid for EO default.
In case, EPCG authorization holder fails to fulfill prescribed export obligation, he shall pay duties of Customs plus interest as prescribed by Customs authority. This facility can also be availed by EPCG authorization holder to exit at his option.
The EPCG Scheme provides for in addition, a specific EO of 75% of normal Export Obligation for export of Green Technology Products. The scheme also provides for Post Export EPCG duty credit scrip(s) which are available to exporters who intend to import capital goods on full payment of applicable duties in cash and choose to opt for this scheme. Further, for units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Jammu &Kashmir, specific EO shall be 25% of the EO
Apply for EPCG License-file an application with the DGFT
Indicate clearly the export items to be manufactured out of the imported machinery/capital goods.
Get EPCG License from the DGFT-import of capital goods has to be completed within 18 months of obtaining the EPCG License .The Revalidation of EPCG Authorization will not be permitted.
Register the said license at custom & execute a bond or bank guarantee (BG). At the time of import , a bond or bank guarntee has to be executed with customs authorities, as per applicable provisions.
Import of machinery or capital goods at 0% import duty
Install the machinery and obtain the installation certificate-After the installation of the capital goods, it is mandatory to obtain the instaalation certificate if the imported machinery by an independent Chartered Engineer and the same has to be submitted to DGFT.
Complete the export obligation in 6 yearsIn order to incentivize fast-track exporters, if 75% of specific export obligation & amp, 100% average export obligation is fulfilled in half or less than half of the export obligation period, then the remaining obligation shall be condoned and the EPCG License shall be closed by the concerned authorities.
Submit to DGFT for EODC/ closure of license
Obtain EODC from DGFT
Submit EODC/ Closure Letter to customs and cancel the bond/redeem the Bank Guarantee (BG).After completion of export obligation , a redemption letter has to be obtained from the concerned regional authority of DGFT.
The Applicant should submit an online application to DGFT to get EPCG License.
Visit the DGFT Official website-www.dgft.gov.in
Login the DSC-> select Services->Online E-com Application
Click on EPCG (0%)
Fill all the details and upload the necessary documents
Import of machinery or capital goods at 0% import duty
Kindly note the following important points to be noted to make the sure the documents are prepared erroe-free
After filling all the details, submit the application.
After a successful application, DGFT will issue the EPCG License
After obtaining an EPCG license from DGFT, it has to be registered at Customs. Once capital goods are cleared duty-free from Customs, it has to be installed at the said factory premises. An Installation Certificate has to be obtained from the Independent Chartered Engineer or Customs authority as a proof of Installation & commissioning. Once production starts, applicant should complete the export obligation in given time frame and submit all the export documents to DGFT office to close the EPCG license.
EPCG Authorization holder needs to install the capital goods imported within a period of six months in front of an Independent Chartered Engineer. The chartered engineer will check that as per the authorization capital goods have been installed in given factory / supporting manufacturer premises or not and also cross verify the capital goods imported details with the license. And as per the verification, he will generate a certificate mentioning company name, Imported capital goods with quantity, BOE details, capital goods installation date on his letterhead with signed and stamped. The certificate generated by an Independent Chartered engineer is called the Installation Certificate. The same original copy should be submitted in DGFT and customs and receive the acknowledgment for the same.
Note: Post export EPCG duty credit scrip(s) shall be available to exporters who intend to import capital goods on full payment of applicable duties, taxes, and cess in cash and choose to opt for this scheme. Basic customs duty paid on capital goods shall be remitted in the form of freely transferable duty credit scrip(s).
The Regional Authority is empowered to extend upto two extensions of one year each in the export obligation period under EPCG.
After Export Obligation is fulfilled, The next step is to close the EPCG License and apply for redemption/Closure. We need to fill the redemption form ANF 5B along with the specified documents mentioned in the form and submit it with the original license at the DGFT RA for Closure. EPCG Redemption or EPCG License closure procedure is a mechanism through which the DGFT monitors the fulfillment of the export obligation given to holder by the Government.
The License holder has to fill the redemption form of ANF 5B with the relevant documents mentioned and submit to DGFT RA. The DGFT will issue a closure certificate called Export Obligation Discharge Certificate.
EPCG License, like the Importer Exporter Code, is of interest and concern for indigenous businesses that either import from or export heavily to companies abroad. It is a scheme introduced by the government to incentivize exports and can serve to benefit industries and companies of all sorts in all sectors. It consists in the waiving of import duty on products imported in return for performance or discharge of an export requirement or obligation to the tune of several times the import duty saved within a preset time. Specifically, the government grants Import Duty at a mere 3% of the stipulated charge that would otherwise have to be paid subject to the condition that within a period of 8 years an export obligation of 8 times the Duty Saved has been satisfactorily discharged. In some exceptional cases, the time for the fulfillment of this duty can be extended up to 12 years, but this provision is not easy even for Medium or some Large Scale Enterprises to easily avail, as it applies only to export obligations exceeding ₹100 Crore.
Which types of capital goods can be imported into India under the EPCG scheme?
To avail of the benefits of the EPCG License, the exporter has to file an application with the DGFT. To apply for this incentive, fill up the Ayat Niryat Form 5B (ANF 5B) along with the following documents:
All these documents must be self-certified copies.
As per the Foreign Trade Policy, an application, which is complete in all respect, should be processed by DGFT in 3 days.
There are two types of export obligation that are mandatory:
Yes, we can amend the EPCG License and below are the details-
The following details should be mentioned in the shipping Bill to be counted in EPCG Scheme,
Period from the date of issue of EPCG License | Minimum specific export obligation fulfilled |
---|---|
1st Block(1st to 4th year) | 50% |
2nd Block(5th and 6th year) | Balance/ Pending Specific EO |
Yes, subject to the following conditions:
Two extensions of one year each in the export obligation period may be considered by RA concerned: