LATEST IN GST – REG

LATEST IN GST – REG
Query (Issue) Started By: – ASHOK AMIN Dated:- 11-2-2016 Last Reply Date:- 11-2-2016 Central Excise
Got 4 Replies
Central Excise
Dear Experts,
Is there any latest news in GST. Will the govt produce the GST scheme in the current budget ?
Regards
Reply By Manjaly M:
The Reply:
There is a glimmer of hope for GST in budget 2016. Goods and Services Tax (GST) which is expected to provide the much-needed stimulant for economic growth by transforming the existing ba

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

FOREIGN EXCHANGE MANAGEMENT (EXPORT OF GOODS & SERVICES) REGULATIONS, 2015 – AN OVERVIEW

FOREIGN EXCHANGE MANAGEMENT (EXPORT OF GOODS & SERVICES) REGULATIONS, 2015 – AN OVERVIEW
By: – DR.MARIAPPAN GOVINDARAJAN
FEMA – Foreign Exchange Management
Dated:- 11-2-2016

The Reserve Bank of India made 'Foreign Exchange (Export of Goods & Services) Regulations, 2015 ('Regulations' for short) by virtue of the powers conferred by Section 7(3)(1)(a) and Section 47 (2) of the Foreign Exchange Management Act, 1999 ('Act' for short) and in supersession of its Notification No. FEMA.23/2000-RB, dated 03.05.2000 as amended from time to time, which came into effect from 12.01.2016. The Regulations dealt with the exports, the declaration to be filed, the realization of export value etc.,
The Regulation 2(iv) defines the term 'export' as including the taking or sending out of goods by land, sea or air, on consignment or by way of sale, lease, hire purchase or under any other arrangement by whatever name called and in the case of software, also includes transmission through an

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ftware in physical form or through any other form, either directly or indirectly to any place outside India, other than Nepal and Bhutan, shall furnish to the specified authority a declaration in one of the forms EDR or SOFTEX. The declaration shall be supported by such evidence as may be specified containing true and correct material particulars including the amount representing-
* The full export value (Regulation 2(v) defines the term 'export value' in relation to export by way of lease or hire purchase or under any other similar arrangement, includes the charges, by whatever name called, payable in respect of such lease or hire purchase or any other similar arrangement) of the goods or software; or
* If the full value is not ascertainable at the time of export, the value which the exporter, having regard to the prevailing market conditions expects to receive on the sale of the goods or the software in overseas market;
* Realization of export proceeds in respect of export of g

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

pects to receive on the sale of the goods in the overseas market.
Procedure
The declaration shall be executed in sets of such number as specified. Regulation 6 provides that Declaration in Form EDF shall be submitted in duplicate to the Commissioner of Customs. After duly verifying and authenticating the declaration form, the Commissioner of Customs shall forward the original declaration form/data to the nearest office of RBI and hand over the duplicate form to the exporter for being submitted to the authorized dealer.
The declaration in form SOFTEX in respect of export of computer software and audio/video/television software shall be submitted in triplicate to the designated official of Ministry of Information Technology, Government of India at the software Technology Parks of India or the Free Trade Zones or Special Economic Zones in India. After certifying ll three copies of SOFTEX form, the designated official shall forward the original directly to the nearest office of RBI and

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

tral Government in this behalf or of the military, naval or air force authorities in India for military, naval or air force requirements;
* By way of gift of goods accompanied by a declaration by the exporter that they are not more than ₹ 5 lakh in value;
* Aircrafts or aircraft engines and spare parts for overhauling and/or repairs abroad subject to their reimport into India after overhauling/repairs, within a period of six months from the date of export;
* Goods imported free of cost on re-export basis;
* The following goods which are permitted by the Development Commissioner of SEX, EHTP, STP or FTZ to be re-exported, namely:
* Imported goods found defective, for the purpose of their replacement by the foreign suppliers/collaborators;
* Goods imported from foreign suppliers/collaborators on loan basis;
* Goods imported from foreign suppliers/collaborators free of cost, found surplus after production operations.
* Replacement of goods exported free of charge in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

horized dealer may accept, for negotiation or collection, shipping documents including invoice and bill of exchange covering exports, from his constituent. Before accepting such documents the authorized dealer shall-
* Where the value declared in the declaration form does not differ from the value shown in the documents being negotiated or sent for collection ; or
* Where the value declared in the declaration is less than the value shown in the documents being negotiated or sent for collection, require the constituent concerned also to sin such declaration and thereupon such constituent shall be bound to comply with such requisition and such constituent signing the declaration shall be considered to be the exporter for the purposes of these Regulations to the extent of the full value shown in the documents being negotiated or sent for collection and shall be governed by these Regulations accordingly.
Realization of export value
Regulation 9 provides that the amount representing t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e payment therefor has not been made, the RBI may give to any person who had sold the goods or who is entitled to sell the goods or procure the sale thereof, such directions as appear to it to be expedient for the purpose of securing-
* The payment therefor if the goods has been sold; and
* The sale of goods and payment thereof, if goods or software has not been sold or reimport thereof into India as the circumstances permit, within such period as the RBI may specify in this behalf;
The omission of the RBI to give directions shall not have the effect of absolving the person committing the contravention from the consequences thereof.
Advance payment against exports
Regulation 15 provides that where an exporter receives advance payment from a buyer/third party named in the declaration made by the exporter, outside India, the exporter shall be under obligation to ensure that-
* The shipment of goods is made within 1 year from the date of receipt of advance payment;
* The rate

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

he goods or software is covered by an irrecoverable letter of credit or by such other arrangement or document as may be indicated in the order;
* That any declaration to be furnished to the specified authority shall be submitted to the authorized dealer for its prior approval, which may, having regard to the circumstances, be given or withheld or may be given subject to such conditions as may be specified by the RBI by directions issued from time to time;
* That a copy of the declaration to be furnished to the specified authority shall be submitted to such authority or organization as may be indicated in the order for certifying that the value of goods specified in the declaration represents the proper value.
No direction shall be given by RBI and no approval shall be withheld by the Authorized dealer unless the exporter has been given a reasonable opportunity to make a representation in that matter.
Project imports
Regulation 17 provides that where an export of goods or service

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

IMPACT OF GST ON SELECT SECTORS (PART-1)

IMPACT OF GST ON SELECT SECTORS (PART-1)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 11-2-2016

GST, when comes, shall impact almost every one individually and to all sectors of trade and industry. Some of the sectors are discussed hereunder.
Land, Real Estate, Renting
Presently, Real estate transactions are taxed as levy of stamp duty. Renting/leasing transactions are covered under Service Tax. However, long-term leases suffer both, stamp duty and Service Tax and are under litigation presently. Construction activities and works contracts relating to construction/EPC contracts/installations etc are also liable to Service Tax as well as works contract tax (as VAT). As such, this sector is heavily under multiple tax burden.
As of now, it is not clear as to whether real estate / land activities will be brought under the GST net or not as this sector provides major tax revenue to both, centre and states. In many other countries, construction and sellin

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e railways in the country and is administered by Ministry of Railways. While IR has a separate budgetary allocation by way of Rail Budget, its operations are subject to certain direct / indirect tax provisions in terms of direct tax, excise duty, service tax, Swachh Bharat Cess (SBC) etc.
IR operates through zones, divisions and most of public sector undertakings, besides various business models / projects under PPP/JVs. Major revenue sources of IR include freight, passenger fare, advertisement & publicity, land lease, other leases etc. Looking to the expansion, modernization and maintenance of railways, IR is in urgent need of funds or schemes whereby IR can raise funds efficiently at low cost to meet its short term / long term financial requirements.
Following issues need consideration from indirect taxes view point under the GST regime
* High Speed Diesel (HSD)/Light Diesel Oil (LDO) consumed by Indian Railway may be considered as input for the purpose of Cenvat Credit.
* Rai

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

me appears to be that the service charges in respect of financial services is generally in the form of margin and is hidden in the form of interest, dividend, annuity payments etc. In India, most of the banking and financial services are exposed to levy of Service Tax but interest is in the negative list. Through the Select Committee of Rajya Sabha also advocated for exclusion of financial services from levy of GST based on the representation of banking industry, it is felt that there does not appear to be any economic logic or reason as to why such services should not suffer levy of GST. However, Cenvat credit should be allowed on such transactions.
Since interest is a return on money lent to borrowers, it may continue to the out of GST net. Presently, leasing companies are burdened with both taxes- VAT as well as Service Tax. In GST regime, it is expected that such anomaly will go and there should not be dispute on the nature of transaction and it would be easier to decide as to whe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

BASIC CONCEPTS OF GST (PART-6)

BASIC CONCEPTS OF GST (PART-6)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 10-2-2016

How GST will work
Generally, the dealers registered under GST (Manufacturers, Wholesalers and retailers and service providers) charge GST on the price of goods and services from their customers and claim credits for the GST included in the price of their own purchases of goods and services used by them. While GST is paid at each step in the supply chain of goods and services, the paying dealers don't actually bear the burden of the tax because GST is an indirect tax and ultimate burden of the GST has to be taken by the last customer.
Features of GST
GST can be divided into the following features to understand it better:
* Charging Tax
The dealers registered under GST (Manufacturers, Wholesalers and Retailers and Service Providers) are required to charge GST at the specified rate of tax on goods and services that they supply to customers. The GST payable is inclu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

for GST. These dealers will include the suppliers, manufacturers, service providers, wholesalers and retailers. If a dealer is not registered, he normally cannot charge GST and cannot claim credit for the GST he pays and further cannot issue a tax invoice.
Tax Period
The tax period will have to be decided by the respective law and normally it is monthly and/or quarterly. On a particular tax period, which is applicable to the dealer concerned, the dealer has to deposit the tax if his output credit is more than the input credit after considering the opening balance, if any, of the input credit.
Refunds
If for a tax period the input credit of a dealer is more than the output credit then he is eligible for refund subject to the provisions of law applicable in this respect. The excess may be carried forward to next period or may be refunded immediately depending upon the provision of law.
Exempted Goods and Services
Certain goods and services may be declared as exempted goods and s

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

urrent jurisdiction for the entire value chain and for all taxpayers on the basis of thresholds for goods and services prescribed for the States and the Centre
Accounts and GST Credit
The Central GST and State GST are to be paid to the accounts of the Centre and the States separately. It would have to be ensured that account-heads for all services and goods would have indication whether it relates to Central GST or State GST. Full input credit system would operate in parallel for the Central GST and the State GST. Taxes paid against the Central GST shall be allowed to be taken as input tax credit (ITC) for the Central GST and could be utilized only against the payment of Central GST. The same principle will be applicable for the State GST.
Cross utilization of input tax credit for goods and services would be allowed. However, no credit between CGST and SGST would be permitted, except in the case of inter-State supply of goods and services under the IGST model.
Credit Accumulation

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GSTR -2 – Baiscs

GSTR -2 – Baiscs
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 10-2-2016

Background
The Joint Committee on Business Process for GST on GST return has given its report stating various returns to be filed by the different taxpayers alongwith the periodicity of filing of returns. GSTR -2 prescribes the details to be furnished by the taxpayer in relation to inward supplies effected by it for the relevant period. This article summarizes the components, periodicity and instructions for filing of the return based on the committee report.
Who needs to file this return
This return needs to be filed by every taxpayer. However, compounding taxpayers and ISD are not required to furnish this return as separate returns have been specified for such categories of registered taxpayers.
Periodicity
As per the committee report GSTR-2 is the monthly return need to be filed by the 15th of the subsequent month. It is required to be filed by every taxpayer. However, the d

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Capital Goods from outside India and for the services received from outside India.
6. The details of inward supplies would be auto-populated in the ITC ledger of the taxpayer on submission of his return. The taxpayer will select the invoice details regarding the in-eligibility and eligibility of ITC in relation to these inward supplies and the quantum available in a particular tax period.
7. There will be a separate table for submitting details in relation to ITC received on an invoice on which partial credit has been availed earlier.
8. In respect of capital goods, there will be a field to capture appropriate information regarding availment of ITC over a period (to be prescribed in GST Law in terms of duration and number of instalments) from the date of accountal of capital goods in the taxpayer's books of accounts. [GST Law may provide that Input credit pertaining to Capital Goods would be allowed to be availed of over a period of 2 years in two equal instalments]
9. In respect o

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

r. The time period for correcting these errors will be provided in the GST Law.
12. There will be a separate table for submitting details in relation to NIL rated, Exempted and Non GST inward Supplies (Both Inter-State and Intra-State) including those received from compounding taxpayers and unregistered dealers.
13. There will be a separate table for the ISD credit received by the taxpayer.
14. There would be a separate table for TDS Credit received by the taxpayer.
Auto Population in this return from GSTR-1 will be done on or after 11th of the succeeding month. Addition or Deletion of the invoice by the taxpayer will be permitted between 12th and 15th of the succeeding month. Adjustments would be permitted on 16th and 17th of the succeeding month
Conclusion
GSTR-2 is the comprehensive return having schema where detailed information is required to be furnished. Proper invoicing and documentation would be key feature to furnish the correct information in such return. By the time t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST ISSUES ON COACHING INSTITUTIONS

GST ISSUES ON COACHING INSTITUTIONS
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 5-2-2016

While 'education' continues to be of utmost importance for the country's economic growth, it also has been a priority for the government in extending tax benefits and other concessions to boost education (both primary and professional / technical) in the country.
The much thoughtful leaders of India have spared the education sector all alone from levy of taxes considering the importance of the same for the country. If a country wants to grow manifold than building infrastructure for education and educated infrastructure (people of the country) is a prerequisite.
Education / coaching / training is a primary activity imparting skill in a particular discipline and is a process of development of personality of body, mind and intellect. The scope of education is broad but training or coaching is in a particular field. All three are very important today wi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ract Service Tax @ 14 per cent.
Not only this, coaching is placed in such a situation where its inflow and outflow both are under the negative list or exempt and it is only the coaching part of entire education which is subject to levy of Service Tax.
It may be necessary at this point. To bring in the relevance of coaching in our education system. Why do we need coaching today ? What is the purpose it serves ? What if coaching is not available ? In fact coaching bridges the gap of quality between the input (student coming for coaching) and the output (quality /skills required for further technical or professional courses). No coaching would be required if the education system of the country takes care of the desired levels of quality of education at all stages of education/career of a student. Since it is not there, the gap is filled by the coaching institutes.
The importance of education has been considered in Service Tax law. Under the negative list following education services we

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

#39;coaching' has been taxed. The Government need to understand that coaching only supplements the education and is an aid to complete the educations. Coaching and education both go together and in the present system, one cannot think of education without coaching. Infact many schools and colleges also provide coaching to the students appreciating the fact that it cannot be done away with.
All parents want to provide the best educational opportunities for their children and coaching has become indispensable and irreplaceable to reinforce learning. More parents are becoming career-oriented and professional and they can't pay adequate attention to their children's education. Also, admittedly, many parents are not well-educated and knowledgeable enough in the academic field where their children need assistance. The benefits afforded by coaching institutions are enormous. Realistically it is already an integral part of a student education.
With the ever increasing emphasis of getting

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

y subject or fields other than sports, with or without issuance of a certificate ….
Today coaching is a major feeding industry to the main stream education sector and given this fact, it is more than justified that it be considered at par with education and spared from all types of taxation by way of exemptions, concessions and inclusion in negative list for the purpose of Service Tax.
This argument becomes important at this juncture when India is embarking into an era of largest ever indirect tax reforms in the country with the introduction of Goods and Service Tax (GST) in near future. The other arguments could be many same of which, inter alia are discussed here, besides the main aspect of considering coaching at par with education itself.
* The subject of coaching, i.e., students to whom coaching is imparted come from an exempt environ (pre-school / school education) and post imparting of coaching, again enter the education field which is excluded from the scope of Servi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ivil structure or a part thereof; or
laying of foundation or making of structures for support of capital goods, except for the provision of one or more of the specified services; or
(B) services provided by way of renting of a motor vehicle, in so far as they relate to a motor vehicle which is not a capital goods ”
* In absence of significant amount of tax credit not being allowed, it adds to the cost of providing coaching (educations) which again is not desirable.
* Coaching section also suffers from high completion leading to increased costs in terms of advertisements, fee concessions and discount etc which are not allowed as credits or are disputed (without any sustainable grounds) leading to tax disputes / litigation. This also ought to be sorted out and settled.
* Today (w.e.f. 1.6.2015), rate of Service Tax is 14% (prior to 1.6.2015, it was 12.36% including education cesses). This itself is considered to be a very high rate of taxation / an indirect tax) which adds to t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

BASIC CONCEPTS OF GST (PART-5)

BASIC CONCEPTS OF GST (PART-5)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 4-2-2016

Disadvantages / Possible Distortions of Implementation of GST
Proposed GST is not a national unitary / centralized tax but a tax to be levied by both, states and the union simultaneously.
In GST proposed GST-
(a) There is a retrograde move to extend GST to stock transfer by first charging on it and then giving credit. The states have forced their way in this decision which will cause a lot of impairment in work against the wishes of the Centre. It will involve tremendous work with no revenue gain. Even if certain amounts are given credit after initial payment of duty, the money has to be brought out from other circulations and to that extent the economy will become slower.
(b) On import, a countervailing (CV) duty of 27 per cent, which is said to be revenue neutral rate for IGST, is to be paid which is substantially higher than before. Earlier, service tax was not

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

nuation payments.
* Incorrectly claiming GST credits on GST-free purchases such as basic food items, exports and some health services.
* Incorrectly claiming the full amount of GST credits on entertainment expenses where the business has elected for fringe benefits tax purposes to use the 50/50 split method, in which case only 50% of the input tax credits can be claimed.
* Claiming the entire GST credits on a car purchased for more than the luxury car limit.
* Sole traders and partnerships are not apportioning input tax credits and making adjustments to expenditure that's partly private and partly business use.
* Incorrectly claiming an upfront GST credit on assets financed through a commercial hire purchase (CHP).While an up-front GST credit is available for businesses accounting for GST using the accruals or invoice basis,
* Incorrectly claiming GST credits on payments for Yellow Pages advertising. If the business chooses to pay for the cost of advertising by installm

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

presently 40% comes from petroleum products)
* Finishing area based and product based exemptions
* Rationalization of concessions and exemptions including that on exports
* Expanding service tax to almost all services
* Common/unified tax rate for goods and services which may be ideally, revenue neutral (a suitable GST rate)
* Avoiding or minimizing differential tax rates
* Abolition of other small taxes
* Abolition of CST in a phased manner
* Power to levy service tax on select/agreed services to States
* Issue of inter-State services and goods movement vis-a-vis levy of duty or tax to be sorted out
* Revenue sharing mechanism to be rationalized
* Centre should be enabled to tax value added upto retail stage.
While GST may be seen as national VAT system on goods and services, states sales tax shall eventually cover all states to have state level VAT system for sales etc.
GST, if implemented, would end up prevailing distortions in goods and services taxation in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GSTR -1 Some Basics

GSTR -1 Some Basics
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 25-1-2016

Background
The Joint Committee on Business Process for GST on GST return has given its report stating various returns to be filed by the different taxpayers alongwith the periodicity of filing of returns. GSTR -1 prescribes the details to be furnished by the taxpayer in relation to outward supplies effected by it for the relevant period. In this article the author has tried to summarize the components, periodicity and instructions for filing of the return based on the committee report.
Who needs to file this return
This return needs to be filed by every taxpayer. However, compounding taxpayers and ISD are not required to furnish this return as separate returns have been specified for such categories of registered taxpayers.
Periodicity
As per the committee report GSTR-1 is the monthly return need to be filed by the 10th of the subsequent month. It is required to be filed by

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ess is not on record will be classified as intra-state supply,
*
invoices value of which is less than ₹ 50,000/- and where address is on record will be uploaded under State-wise summary,
*
invoices value of which is in between ₹ 50,000/- to ₹ 2,50,000/- will be uploaded under State-wise summary,
*
invoices value of which is more than ₹ 2,50,000/- will be uploaded invoice -wise.
(iii) The recommendation of the Committee on IGST and GST on Imports with respect to the details about HSN code for goods and Accounting code for services to be captured in an invoice are as follows:-
(a) HSN code (4-digit) for Goods and Accounting Codes for Services will be mandatory initially for all taxpayers with turnover in the preceding financial year above ₹ 5 Crore (For the first year of operations of GST, self-declaration of turnover of previous financial year will be taken as the basis as all India turnover data will not be available in the first year. From

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

services will be mandatory in case of exports and imports.
(iv) The above parameters with respect to HSN code for goods and Accounting Code for services will apply for submitting the information in return relating to relevant invoice level information for B2B supplies (both intra-state and inter-state) and inter-state B2C supplies (where taxable value per invoice is more than ₹ 2.5 lakhs). It is proposed that in the return form the description of goods and services may not be required to be submitted by the taxpayer as the same will be identified through the submission of HSN code for goods and Accounting Code for services. In order to differentiate between the HSN code and the Service Accounting Code (SAC), the latter will be prefixed with “S”. The taxpayers who have turnover below the limit of ₹ 1.5 Crore will have to mention the description of goods/service, as the case may be, wherever applicable.
(v) For all Intra-State B2C supplies (including to non-registered Gove

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

he time period for correcting these errors will be provided in the GST Law.
7. NIL rated, Exempted and Non-GST outward supplies to (both inter-state and intra-state) to registered taxpayers and consumers will be mentioned separately.
8. Details relating to advance received against a supply to be made in future will be submitted in accordance with the Point of Taxation Rules as framed in the GST law.
9. Details relating to taxes already paid on advance receipts for which invoices are issued in the current tax period will be submitted.
10. Details relating to supplies exported (including deemed exports) both on payment of IGST as well as without payment of IGST would be submitted.
11. Meaning of various terms used are :-
* GSTIN – Goods and Service Taxpayer Identification Number
* UID – Unique Identification Number for embassies
* HSN – Harmonized System of Nomenclature for goods
* SAC- Service Accounting Code
* GDI – Government department unique ID where department does n

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

BASIC CONCEPTS OF GST (PART-4)

BASIC CONCEPTS OF GST (PART-4)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 23-1-2016

How do we compare the present indirect tax laws vis-à-vis proposed GST law regime ? In this part, an attempt is being made to list down the possible differences between the present tax laws and proposed provisions under GST. This comparison is not final and is only for academic purposes to understand the differences or deviations tax base, origin, structure, approach to tax goods and services, place of provision, powers to levy tax, export and import etc.
Comparison of Present Taxation and Proposed GST
S.No
Particulars
Present Taxation
Proposed GST
1.
Structural Architecture
• Two separate VAT systems operate simultaneously at two levels, Centre and State, and tax paid (input tax credit) under one is not available as set off against the other
• Tax on services is levied under separate legislation by Centre, i.e., Finance Act, 1994 which re

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

evel
5.
Basic Customs Duty
Imposed by Centre under separate Act, i.e., Customs Act, 1962. Taxable event is import
No change is proposed
6.
CVD/SAD
Imposed by Centre under separate Act, i.e., Customs Act, 1962. Taxable event is import
To be subsumed in CGST; Taxable event will be import
7.
Service Tax
Imposed by Centre under separate Act (Finance Act, 1994). Taxable event is provision of service
To be subsumed in CGST & SGST; Taxable event will be provision of service
8.
Central Sales Tax
Imposed by Centre under CST Act, 1956. Collection assigned to States; Taxable event is movement of goods from one State to another
Is being phased out
9.
State VAT
Imposed by States; Taxable event is sale within the State
To be subsumed in SGST; Taxable event is sale within State
10.
Inter-State Transactions
Imposed on goods & services by the Centre (CST, Service Tax)
To be subsumed in GST and subject to SGST & CGST
11.
Tax on Manufacturing activity
As Excise Duty by

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

nd Service tax : Cross set off allowed
No cross set-off between CGST and SGST will be allowed
19.
Cascading Effect
Allows cenvat tax credit between Excise Duty & Service Tax, but not with VAT (cross set off is not allowed)
Allows seamless tax credit amongst Excise Duty, Service Tax & VAT
20.
Non-Creditable Goods
Do exist
May exist depending upon negative list / exemptions etc
21.
Credit on Inputs used for Exempted Activities
Not allowed
May not be allowed
22.
Various
Exemptions -Excise Free Zone or VAT Exemption
Available
May be phased out
23.
Exemption for transit Inter-State Sale and High Seas Sale
Available
May be taxable
24.
Transactions against Declaration Forms
Allowed under the CST / VAT
Forms likely to be abolished
25.
Taxation on Govt. and Non-Profit Public Bodies
Partially taxed
May not change much
26.
Stamp Duty
Presently taxed concurrently by the Centre and State
Status not clear; If subsumed under GST, big relief to real esta

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

es; very minimum; Central taxes are online
Extensive; It will be pre-requisite for implementation of GST
35.
Nature of Present Litigations
* Sale or Service
* Classification of goods
* Situs issue between States
* Interpretational issues
* Sale or works contract
* Valuation of composite
transactions, etc.
* Exemptions
* Suppression / limitation
Likely to be reduced provided GST legislations are properly drafted
(To be continued ………)
Reply By Ashok Aggarwal as =
Very good analysis and comparison between present situation and that after implementation of proposed GST law. Let us hope that the procedures will be simple and more system based to avoid harassment of trade & industry at the hands of those who enforce the law. If the trade will be running to tax departments of Central & State Governments even after GST is reality, the very purpose of bringing GST would be defeated.
At Sr N. 18 it is mentioned that no cross set off between CGST a

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Income Tax Case: Firm Allowed to Carry Forward Losses Despite Changes in Partnership's Profit-Sharing Ratio (Sections 187 & 78.

Income Tax Case: Firm Allowed to Carry Forward Losses Despite Changes in Partnership's Profit-Sharing Ratio (Sections 187 & 78.
Case-Laws
Income Tax
Brought forward losses of firm – covered u/s 187 OR u/s. 78 – change in the terms and conditions of the partnership – the reconstitution of the partnership was made only as a result of changes in the profit sharing ratio amongst the partners – CIT(A) has rightly allowed carry forward losses to be set off, as claimed by the assessee – AT

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

An Intersting Scenario of GST…

An Intersting Scenario of GST…
Query (Issue) Started By: – P S Nath Dated:- 21-1-2016 Last Reply Date:- 11-9-2016 Goods and Services Tax – GST
Got 3 Replies
GST
Dear All,
An interesting question on GST who are planning to buy vehicles from different state and want to transfer and register the vehicle in his name in different state where he lives. Assuming a scenario stated under…..
A car which was purchased in 2010 by Person X (First Purchaser) in the State A and given road tax for 10 Years in the State A itself. A Person Y(Second Purchaser) resides in State B and wants to purchase the vehicle, transfer and re-register the vehicle in his own name in State B. So The vehicle age is 6 years and Person X already paid road tax

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

BASIC CONCEPTS OF GST (PART-3)

BASIC CONCEPTS OF GST (PART-3)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 20-1-2016

Benefits of GST
Benefits of GST shall accrue to all – trade & industry, Government and consumers. Trade and industry shall benefit in terms of easy compliance, removal of cascading effect of taxes and enhanced competitiveness. The Government shall have better control on leakages, higher revenue efficiency, consolidation of tax base and it may be easier to administer and monitor the law. Consumers will also benefit from likely reduced prices and single transparent tax structure.
* GST will end cascading effects: This will be the major contribution of GST for the business and commerce. At present, there are different state level and centre level indirect tax levies that are compulsory one after another on the supply chain till the time of its final consumption.
* Growth of Revenue in States and Union: It is expected that the introduction of GST will increase the ta

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

they would focus on business rather than worrying about their taxation that may crop at later stages. This will help the business community to decide their supply chain, pricing modalities and in the long run helps the consumers being goods competitive as price will no longer be the function of tax components but function of sheer business intelligence and innovation.
* Reduces average tax burdens: Under GST mechanism, the cost of tax that consumers have to bear will be certain and it is expected that GST would reduce the average tax burdens on the consumers.
* Reduces the corruption: It is one of the major problems that India is overwhelmed with. We cannot expect anything substantial unless there exists a political will to root it out. This will be a step towards corruption free Indian Revenue Services.
* Present CST will be removed and need not to be paid. At present there is no input tax credit available for CST.
* There are many indirect taxes in state and central level cu

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

d or minimized
* Indian Industry shall more towards an efficient supply chain model from the present day model which suffers from tax considerations and operational hurdles.
* GST is expected to contribute to 'make in India' and 'ease of doing business in India' initiatives of the Government.
* GST addresses the issue of multiplicity of taxes.
* All the rates under to GST will be uniform for are and the place of supply rules will guide the GST India portal to apportion the tax.
* It will boost up economic unification of India; it will assist in better conformity and revenue resilience; it will evade the cascading effect in Indirect tax regime.
* In GST system, both Central and state taxes will be collected at the point of sale. Both components (the Central and state GST) will be charged on the manufacturing cost.
* It will reduce the tax burden for consumers;
* It will result in a simple, transparent and easy tax structure; merging all levies on goods an

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST- Returns Need and Periodicity

GST- Returns Need and Periodicity
By: – CA Akash Phophalia
Goods and Services Tax – GST
Dated:- 16-1-2016

Background
During the Empowered Committee meeting held on 10th March, 2014, it was decided that a Joint Committee under the co-convenership of the Additional Secretary (Revenue), Government of India and the Member Secretary, Empowered Committee should be constituted to look into the Report of the Sub-Group-I on Business Processes for GST and make suitable recommendations for Registration and Return to the Empowered Committee. It was also decided that the Joint Committee should also keep in view the Registration and Return requirements necessary for IGST Model. The details incorporated here are adapted from the Report of the Joint committee on business process for GST
Return – Meaning
A return is a statement of specified particulars relating to business activity undertaken by the taxable person during a prescribed period. A taxable person has a legal obligation:

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

D and will file return for the month (in simpler form) during which they make purchases. They would not be required to file regular return. They would submit their purchase statements (without purchase invoices) as per the periodicity prescribed for claim of refund.
Government entities / PSUs , etc. not dealing in GST supplies or persons exclusively dealing in exempted / Nil rated / non -GST goods or services would neither be required to obtain registration nor required to file returns under the GST law. However, State tax authorities may assign Departmental ID to such government departments/ PSUs / other persons. They will ask the suppliers to quote the Department ID in the supply invoices for all inter-State purchases being made to them. Such supplies will be at par with B2C supplies and will be governed by relevant provisions relating to B2C supplies.
Periodicity of filing of returns
There will be different frequency for filing of returns for different class of taxpayers, after p

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ce Distributor (ISD)
15th of the next month
7
GSTR 7
Return for Tax Deducted at Source
10th of the next month
8
GSTR 8
Annual Return
By 31st December of next FY
9
ITC Ledger of taxpayer
Continuous
10
Cash Ledger of taxpayer
Continuous
11
Tax ledger of taxpayer
Continuous
Important points relating to periodicity of return filing
(i) Normal / Regular taxpayers (including casual taxpayers) would have to file GSTR-1 (details of outward supplies) (Annexure-II), GSTR-2 (details of inward supplies) (Annexure-III) and GSTR-3 (monthly Return) (Annexure-IV) for each registration.
(ii) Normal / Regular taxpayers with multiple registrations (for business verticals) within a State would have to file GSTR-1, GSTR-2 and GSTR-3 for each of the registrations separately.
(iii) Compounding taxpayers would have to file a quarterly return called GSTR-4 (Annexure-V).
(iv) Taxpayers otherwise eligible for the compounding scheme can opt against the compounding and file monthly returns a

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e based on financial records.
(viii) Compounding taxpayer will also file a simple annual return.
(ix) Cut-off date for filing of details of outward supplies (GSTR-1), inward supplies (GSTR-2) and Monthly return (GSTR-3) would be10th, 15th and 20th day respectively of the succeeding month for all Monthly filers.
(x) Cut-off date for filing of Quarterly return (GSTR-4) by compounding taxpayer would be 18thday of the first month of the succeeding quarter.
(xi) Cut-off date for filing of Input Service Distributor return (GSTR-6) (Annexure-VII) would be 15th day of the succeeding month.
(xii) Cut-off date for filing of TDS (Tax Deducted at Source) return (GSTR-7) (Annexure-VIII) by Tax Deductor would be 10th day of the succeeding month.
(xiii) For Annual return, the cut-off date would be 31st December following the end of the financial year for which it is filed.
(xiv) The filing of return would be only through online mode although the facility of offline generation and preparation o

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

UNDERSTANDING INTER-STATE GST (IGST)

UNDERSTANDING INTER-STATE GST (IGST)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 15-1-2016

According to Model IGST Law, IGST shall mean the tax levied under the IGST Act on the supply of any goods and / or services in the course of inter-state trade or commerce. IGST Act shall apply to whole of India.
According to the report of the Task Force on GST, 13th Finance Commission (2009), it had recommended that adoption of the IGST Model for implementation with the caveat that a 'strong IT infrastructure and complete information of the interstate transactions is a precondition and essential prerequisite for considering the IGST model. Without addressing these fundamental concerns of IT infrastructure and information support systems, the adoption of IGST model which is still at a conceptual stage is far from realistic at this stage in adoption of GST in the course of interstate transaction in goods and GST for the nation'.
Central Government would levy

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ST, and SGST on his purchases. The Exporting State will transfer to the Centre the credit of SGST used in payment of IGST. The Importing dealer will claim credit of IGST while discharging his output tax liability in his own State. The Centre will transfer to the importing State the credit of IGST used in payment of SGST. The relevant information is also submitted to the Central Agency which will act as a clearing house mechanism, verify the claims and inform the respective governments to transfer the funds.
Revenue from IGST will be apportioned among Union and States by Parliament on basis of recommendation of Goods and Service Tax Council [Proposed Article 269A(2) and Article 270 (1A) of Constitution of India]. The apportionment will be required as input tax credit of IGST can be used for SGST and vice versa. Since IGST will be on 'supply of goods or services', IGST will be payable on stock transfers, branch transfers and even when goods are dispatched inter-state job work an

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

correspondence with them will be by e-mail, the compliance level will improve substantially.
* Model can take 'Business to Business' as well as 'Business to Consumer' transactions into account.
Salient Features Integrated GST
* On inter-state and cross border transactions
* Centre would levy and collect IGST in lieu of CGST and SGST.
* To be shared between Centre / States
* Single IGST rate
* IGST would be levied on all inter-State transactions of taxable goods and services with appropriate provision for consignment or stock transfer of goods and services.
* Inter-State dealer will pay IGST after adjusting available, input IGST, CGST and SGST on purchases.
IGST – Illustration
* Maharashtra seller selling to Karnataka buyer for ₹ 1,00,000/-.
* IGST payable assuming an 8% rate is ₹ 8,000/-.
* Rs.8,000/- can be paid by adjusting
* Inter-State purchases (IGST) ₹ 3,000/-
* Local purchases (CGST) ₹ 1,500/-
* Local purchases (SGST) &#8377

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

BASIC CONCEPTS OF GST (PART-2)

BASIC CONCEPTS OF GST (PART-2)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 14-1-2016

Objectives of GST
One of the main objective of Goods & Service Tax (GST) would be to eliminate the cascading effects of taxes on production and distribution cost of goods and services. The exclusion of cascading effects i.e. tax on tax will significantly improve the competitiveness of original goods and services in market which leads to beneficial impact to the GDP growth of the country. It is felt that GST would serve a superior reason to achieve the objective of streamlining indirect tax regime in India which can remove cascading effects in supply chain till the level of final consumers.
Salient Features of the GST Mod

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e prescribed threshold limits.
* The Central GST and State GST are to be paid to the accounts of the Centre and the States separately. It would have to be ensured that account-heads for all services and goods would have indication whether it relates to Central GST or State GST (with identification of the State to whom the tax is to be credited).
* Since the Central GST and State GST are to be treated separately, taxes paid against the Central GST shall be allowed to be taken as input tax credit (ITC) for the Central GST and could be utilized only against the payment of Central GST. The same principle will be applicable for the State GST.
* A taxpayer or exporter would have to maintain separate details in books of account for utilizati

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

State GST would be prescribed in the respective legislation for Central GST and State GST.
* The administration of the Central GST to the Centre and for State GST to the States would be given. This would imply that the Centre and the States would have concurrent jurisdiction for the entire value chain and for all taxpayers on the basis of thresholds for goods and services prescribed for the States and the Centre.
* The taxpayer would need to submit periodical returns, in common format as far as possible, to both the Central GST authority and to the concerned State GST authorities.
* Each taxpayer would be allotted a PAN-linked taxpayer identification number with a total of 13/15 digits. This would bring the GST PAN-linked system in l

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Export of Goods and Services – Project Exports

Export of Goods and Services – Project Exports
39 Dated:- 14-1-2016 Circular
FEMA
Superseded vide A.P. (DIR Series) Circular No. 20 dated 16-01-2026 w.e.f. 01-10-2026

RBI/2015-16/287

A.P. (DIR Series) Circular No. 39

January 14, 2016

To

All Category – I Authorised Dealer Banks

Madam/ Sir,

Export of Goods and Services – Project Exports

Attention of Authorised Dealers is invited to Regulation 18 of Notification No. FEMA 23/2000-RB dated 3rd May 2000 viz. Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 in terms of which export of goods or services on deferred payment terms or in execution of a turnkey project or a civil construction contract requires prior approval of the app

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

/ regulations. Project and service exporters may accordingly approach AD banks / Exim Bank based on their commercial judgment.

2. As it has been advised by the Government of India that i) the 'OCCI' has been renamed as 'Project Export Promotion Council' (PEPC) and ii) civil construction contracts may include turnkey engineering contracts, process and engineering consultancy services and Project construction items (excluding steel & Cement) along with civil construction contracts, it has been decided to make the necessary changes in Memorandum of Instructions on Project and Service Exports (PEM) accordingly.

3. The revised Memorandum of Instructions on Project and Service Exports (PEM) is enclosed.

4. Authorized Dealers may bring th

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

PROPOSED CGST MODEL

PROPOSED CGST MODEL
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 13-1-2016

There are three prime models of GST which have been decided to be implemented in India, viz,
* GST at Central (Union) Government level only
* GST at State Government level only
* GST at both, Union and State Government Leve
Canada has GST at Union level extending to all goods and services covering all stages of value addition. In addition, there is tax at province (State) level in different forms which include VAT, Retail Sales tax and so on. European Union (EU) Nations (each one is independent Nation but, part of a Union and have agreed to adopt common principles for taxation of goods and services) have adopted “classic” VAT.
In the Indian context, Constitution of India specifically reserves the power to impose tax on specific activities to specific level of Government, e.g., tax on import of goods can be imposed by Union Government only whereas tax on sale of goods inv

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

enue sharing arrangements among them. The tax could be controlled and administered by the Central Government. There are several models for such a tax. Australia is the most recent example of a National GST, where it is levied and collected by the Centre, but the proceeds are allocated entirely to the States.
In the case of a Central GST (where all goods and services are taxed by the Central government only), the Centre will collect most of the country's total tax revenue, leaving very little for the sub-national Governments. As against this, the present proposal is to have a dual GST.
A single national VAT has great appeal from the perspective of establishment and promotion of a common market in India. However, the States may worry about the loss of control over the tax design and rates. Indeed, some control over tax rates is a critical issue in achieving accountable sub-national governance and hard budget constraints. The States may also be apprehensive that the revenue sharing arra

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

* Two Governments will combine their various levies into single GST.
* Proceeds to be shared between Centre and States .
Advantages
* If levied on a comprehensive base at a single rate, it would clear the system of virtually all economic distortions and classification disputes.
* Replacing 36 taxing Statutes (of the Centre and 35 States and Union Territories) with only one would lead to a substantial reduction in compliance costs and free up resources for other more productive pursuits.
* It would make common market for India a reality. Goods and services would move freely within India with no check-posts, internal-tax frontiers or other barriers to trade.
Disadvantages
* Near impossibility of achieving the structure – It will require drastic modification to the Constitution of India.
* It might upset the present concept of fiscal federalism, which is the cornerstone of Indian polity.
* Entire infrastructure developed for taxation at both levels will have to undergo h

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

BASIC CONCEPTS OF GST (PART-1)

BASIC CONCEPTS OF GST (PART-1)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 12-1-2016

What is Goods and Services Tax (GST)?
GST stands for “Goods and Services Tax”, and is proposed to be a comprehensive indirect tax levy on manufacture, sale and consumption of goods as well as services at the national level. Its main objective is to consolidates all indirect tax levies into a single tax, except customs (excluding SAD) replacing multiple tax levies, overcoming the limitations of existing indirect tax structure, and creating efficiencies in tax administration.
Simply put, goods and services tax is a tax levied on goods and services imposed at each point of sale or rendering of service. Such GST could be on entire goods and services or there could be some exempted class of goods or services or a negative list of goods and services on which GST is not levied. GST is an indirect tax in lieu of tax on goods (excise) and tax on service (service tax). The GS

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

the goods and services they sell and can claim credits for the most GST included in the price of goods and services they buy. The cost of GST is borne by the final consumer, who can't claim GST credits, i.e. input credit of the tax paid.
Example: A product whose base price is ₹ 100 and after levying excise duty @ 12%value of the product is ₹ 112. On sale of such goods VAT is levied @ 12.5% and value to the ultimate consumer is ₹ 126. In the proposed GST system on base price of ₹ 100 CGST and SGST both will be charged, say @ 8% each, and then the value to the ultimate consumer is ₹ 116. So, in such a case the industry can better compete in global environment.
Therefore, GST is a broad based and a single comprehensive tax levied on goods and services consumed in an economy.
In particular, it would replace the following indirect taxes as these will be subsumed in the proposed GST:
At Central level
* Central Excise Duty
* Service Tax
* Additional Exc

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Octroi)
Surcharges (e.g. national calamity contingent duty)
Purchase tax
Cesses (e.g., Cess on rubber, Cess on tea etc)
State Cesses
Central Sales tax (to be phased out)
State Surcharges
Taxes/Duties not likely to be subsumed in GST
Central Taxes/Levies
State Taxes/Levies
Basic Customs Duty
Taxes on Liquors
Excise Duty on Tobacco products
Toll Tax/ Road Tax
Export Duty
Environment Tax
Taxes on petroleum products
Property Tax
Stamp Duties
Purchase tax on food grains
Specific Central Cess like Oil Cess etc
Taxes on motor spirit & high speed diesel
Tax on Consumption or Sale of Electricity – Not certain
Stamp Duty – Not certain
(To be continued…………)
= = = = = = = = =
Reply By DEEPAK BHARDWAJ as =
Part 1 in reference to Basic Concepts of GST is an excellent way to share the real concepts proposed in GST. I thank and hope that more such parts will be shared in the time to come.
Deepak Bhardwaj
Dated: 13-1-2016
Scholarly articles

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Foreign Exchange Management (Export of Goods & Services) Regulations, 2015

Foreign Exchange Management (Export of Goods & Services) Regulations, 2015
23(R)/2015-RB Dated:- 12-1-2016 Foreign Exchange Management
FEMA
Foreign Exchange Management Act
FEMA
RESERVE BANK OF INDIA
(Foreign Exchange Department)
CENTRAL OFFICE
NOTIFICATION No. FEMA 23(R)/2015-RB
Mumbai, the 12th January, 2016
Foreign Exchange Management (Export of Goods & Services) Regulations, 2015
G.S.R. 19(E).-In exercise of the powers conferred by clause (a) of sub-section (1), sub-section (3) of Section 7 and sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) and in supersession of its Notification No.FEMA.23/2000-RB dated May 3, 2000 as amended from time to time, Reserve Bank of India makes the following Regulations in respect of Export of Goods and Services from India , namely:
1. Short title and commencement:-
(i) These Regulations may be called the Foreign Exchange Management (Export of Goods and Services) Regulations, 2015.
(ii) T

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

or under any other similar arrangement, includes the charges, by whatever name called, payable in respect of such lease or hire-purchase or any other similar arrangement;
(vi) 'form' means form annexed to these Regulations;
(vii) 'schedule' means schedule appended to these Regulations;
(viii) 'software' means any computer programme, database, drawing, design, audio/video signals, any information by whatever name called in or on any medium other than in or on any physical medium ;
(ix) 'specified authority' means the person or the authority to whom the declaration as specified in Regulation 3 is to be furnished;
(x) the words and expressions used but not defined in these Regulations shall have the same meanings respectively assigned to them in the Act.
3. Declaration of exports:-
(1) In case of exports taking place through Customs manual ports, every exporter of goods or software in physical form or through any other form, either directly or

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

orms specified in these Regulations apply, the exporter may export such services without furnishing any declaration, but shall be liable to realise the amount of foreign exchange which becomes due or accrues on account of such export, and to repatriate the same to India in accordance with the provisions of the Act, and these Regulations, as also other rules and regulations made under the Act.
(4) Realization of export proceeds in respect of export of goods / software from third party should be duly declared by the exporter in the appropriate declaration form.
4. Exemptions:-
Notwithstanding anything contained in Regulation 3, export of goods / software may be made without furnishing the declaration in the following cases, namely:
a) trade samples of goods and publicity material supplied free of payment;
b) personal effects of travellers, whether accompanied or unaccompanied;
c) ship's stores, trans-shipment cargo and goods supplied under the orders of Central Government or

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ported from foreign suppliers/collaborators free of cost, found surplus after production operations.
(ga) goods listed at items (1), (2) and (3) of clause (i) to be re-exported by units in Special Economic Zones, under intimation to the Development Commissioner of Special Economic Zones / concerned Assistant Commissioner or Deputy Commissioner of Customs
(h) replacement goods exported free of charge in accordance with the provisions of Foreign Trade Policy in force, for the time being.
(i) goods sent outside India for testing subject to re-import into India;
(j) defective goods sent outside India for repair and re-import provided the goods are accompanied by a certificate from an authorised dealer in India that the export is for repair and re-import and that the export does not involve any transaction in foreign exchange.
(k) exports permitted by the Reserve Bank, on application made to it, subject to the terms and conditions, if any, as stipulated in the permission.
5. Indi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ion in Form SOFTEX in respect of export of computer software and audio/video/ television software shall be submitted in triplicate to the designated official of Ministry of Information Technology, Government of India at the Software Technology Parks of India (STPIs) or at the Free Trade Zones (FTZs) or Special Economic Zones (SEZs) in India.
(ii) After certifying all three copies of the SOFTEX form, the said designated official shall forward the original directly to the nearest office of the Reserve Bank and return the duplicate to the exporter. The triplicate shall be retained by the designated official for record.
C. Duplicate Declaration Forms to be retained with Authorised Dealers
On the realisation of the export proceeds, the duplicate copies of export declaration forms viz. EDF and SOFTEX and Exchange Control copies of the shipping bills shall be retained by the Authorised Dealers.
7. Evidence in support of declaration:-
The Commissioner of Customs or the postal authority

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Customs of that country.
8. Manner of payment of export value of goods:-
Unless otherwise authorised by the Reserve Bank, the amount representing the full export value of the goods exported shall be paid through an authorised dealer in the manner specified in the Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000 as amended from time to time.
Explanation:
For the purpose of this regulation, re-import into India, within the period specified for realisation of the export value, of the exported goods in respect of which a declaration was made under Regulation 3, shall be deemed to be realisation of full export value of such goods.
9. Period within which export value of goods/software/ services to be realised:-
(1) The amount representing the full export value of goods / software/ services exported shall be realised and repatriated to India within nine months from the date of export, provided
(a) that where the goods are exported to a warehouse establishe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

repatriated to India within nine months from the date of export.
Provided further that the Reserve Bank, or subject to the directions issued by the Bank in this behalf, the authorised dealer may, for a sufficient and reasonable cause shown, extend the period of nine months.
(b) The Reserve Bank may for reasonable and sufficient cause direct that the said exporter/s shall cease to be governed by sub-regulation (2);
Provided that no such direction shall be given unless the unit has been given a reasonable opportunity to make a representation in the matter.
(c) On such direction, the said exporter/s shall be governed by the provisions of sub-regulation (1), until directed otherwise by the Reserve Bank.'
Explanation:
For the purpose of this regulation, the “date of export” in relation to the export of software in other than physical form, shall be deemed to be the date of invoice covering such export.
10. Submission of export documents:-
The documents pertaining to export s

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ollection, or
b) where the value declared in the declaration is less than the value shown in the documents being negotiated or sent for collection, require the constituent concerned also to sign such declaration and thereupon such constituent shall be bound to comply with such requisition and such constituent signing the declaration shall be considered to be the exporter for the purposes of these Regulations to the extent of the full value shown in the documents being negotiated or sent for collection and shall be governed by these Regulations accordingly.
12. Payment for the Export:-
In respect of export of any goods or software for which a declaration is required to be furnished under Regulation 3, no person shall except with the permission of the Reserve Bank or, subject to the directions of the Reserve Bank, permission of an authorised dealer, do or refrain from doing anything or take or refrain from taking any action which has the effect of securing –
(i) that the payment fo

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ts requiring prior approval :-Exports under trade agreement/rupee credit etc.
(i) Export of goods under special arrangement between the Central Government and Government of a foreign state, or under rupee credits extended by the Central Government to Govt. of a foreign state shall be governed by the terms and conditions set out in the relative public notices issued by the Trade Control Authority in India and the instructions issued from time to time by the Reserve Bank.
(ii) An export under the line of credit extended to a bank or a financial institution operating in a foreign state by the Exim Bank for financing exports from India, shall be governed by the terms and conditions advised by the Reserve Bank to the authorised dealers from time to time.
14. Delay in Receipt of Payment:-
Where in relation to goods or software export of which is required to be declared on the specified form and export of services, in respect of which no declaration forms has been made applicable, the s

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

l be under an obligation to ensure that –
i) the shipment of goods is made within one year from the date of receipt of advance payment;
ii) the rate of interest, if any, payable on the advance payment does not exceed the rate of interest London Inter-Bank Offered Rate (LIBOR) + 100 basis points and
iii) the documents covering the shipment are routed through the authorised dealer through whom the advance payment is received;
Provided that in the event of the exporter's inability to make the shipment, partly or fully, within one year from the date of receipt of advance payment, no remittance towards refund of unutilized portion of advance payment or towards payment of interest, shall be made after the expiry of the period of one year, without the prior approval of the Reserve Bank.
(2) Notwithstanding anything contained in clause (i) of sub-regulation (1), an exporter may receive advance payment where the export agreement itself duly provides for shipment of goods extending

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

edit or by such other arrangement or document as may be indicated in the order ;
b) that any declaration to be furnished to the specified authority shall be submitted to the authorised dealer for its prior approval, which may, having regard to the circumstances, be given or withheld or may be given subject to such conditions as may be specified by the Reserve Bank by directions issued from time to time.
c) that a copy of the declaration to be furnished to the specified authority shall be submitted to such authority or organisation as may be indicated in the order for certifying that the value of goods or software specified in the declaration represents the proper value thereof.
(2) No direction under sub-regulation (1) shall be given by the Reserve Bank and no approval under clause (b) of that sub-regulation shall be withheld by the Authorised Dealer, unless the exporter has been given a reasonable opportunity to make a representation in the matter.
17. Project exports:-
(1) Whe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

GST REGIME: BASICS OF STATE GST (SGST)

GST REGIME: BASICS OF STATE GST (SGST)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 8-1-2016

In State GST, the States alone can levy GST and the Centre withdraws from the field of GST or VAT completely. It can be a desirable option given the mismatch in resources and responsibilities of the States. In this case, the State GST will work as the redistributing mechanism. The loss to the Centre from vacating this tax field could be offset by a suitable compensating reduction in fiscal transfers to the States. This would significantly enhance the revenue capacity of the States and reduce their dependence on the Centre. The USA is the most notable example of such arrangements, where the general sales taxes are re

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

he revenue capacity of the States and reduces their dependence on the Centre.
Disadvantages
* It would seriously impair the Centre's revenues. The reduction in fiscal transfers to the States would offset this loss, but still the Centre would want to have access to this revenue source for future needs.
* Major amendments to the Constitution of India will be required.
* The option may not be revenue neutral for individual States.
* The incremental revenues from the transfer of the Centre's tax collection would benefit the higher-income States, while a reduction in fiscal transfers would impact disproportionately the lower-income States.
* Businesses will have to comply with tax laws of each State – which will definitely lack unifor

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

CONCURRENT AND NON-CONCURRENT DUAL GST

CONCURRENT AND NON-CONCURRENT DUAL GST
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 7-1-2016

Concurrent Dual GST
Here the GST will be levied by both tiers of Governments concurrently. There will be Central GST to be administered by the Central Government and there will be State GST to be administered by State Governments. Thus, the GST would comprise a Central GST and State GST: a Central-level GST will subsume central taxes, such as, excise duty, CVD, SAD and service tax; and a State-level GST will subsume VAT, octroi, entry taxes, luxury tax, etc.
Therefore, under this model, both goods and services would be subject to concurrent taxation by the Centre and the States. This variant is closer to the model

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

y the tax to a comprehensive base of goods and services, at all points in the supply chain.
* It requires least change in infrastructure of tax departments at the Union and State levels.
* It improves the competitive environment for company working globally.
* As single taxation system it reduces cost to the consumer.
Disadvantages
* It is not an ideal model. It can be a temporary or transitional model since tax would continue to be levied at two levels.
* Compliance costs may not reduce significantly.
* There will always be uncertainty since States might depart from the principles of uniformity.
* To frame a comprehensive model for taxation of inter-State transactions of goods and services and sharing of its revenue amongst

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

be needed for levying a unified Centre tax on inter- State services.
Under this model, while levying the VAT on services, the Centre would essentially play the coordinating role needed for the application and monitoring of tax on inter-State services. The Centre would withdraw from the taxation of goods. Even the revenues collected from the taxation of services could be transferred back to the States, partially or fully.
Within this framework, cascading could be completely eliminated by the States agreeing to allow an input credit for the tax on services levied by the Centre. Likewise, the Centre would allow an input credit for the tax on goods levied by the States.
However, the said model may not be acceptable to the Centre as well as t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Exemption Denied for 100% Export Unit Due to Insufficient Exports in 2000-01 and 2001-02 Under PGST/PVAT.

Exemption Denied for 100% Export Unit Due to Insufficient Exports in 2000-01 and 2001-02 Under PGST/PVAT.
Case-Laws
VAT and Sales Tax
Cancellation of exemption certificate of 100EOU – PGST / PVAT – assessment years 2000-01 and 2001-02, the appellant exported nothing outside India. In the assessment year 2001-02, the appellant exported only 1.68% of its products in the markets outside India. – exemption was rightly denied – HC
TMI Updates – Highlights, quick notes, marquee, annotatio

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

APPLICABLE FROM 01/01/2016 -QUOTING OF PAN & REPORTING OF CASH TRANSACTION OF SALE/PURCHASE OF GOODS & SERVICES EXCEEDING RS. 2.00 LAC

APPLICABLE FROM 01/01/2016 -QUOTING OF PAN & REPORTING OF CASH TRANSACTION OF SALE/PURCHASE OF GOODS & SERVICES EXCEEDING RS. 2.00 LAC
By: – CAGOPALJI AGRAWAL
Income Tax
Dated:- 2-1-2016

INCOME TAX NOTIFICATION NO. SO 3545E DT. 30/12/2015
SALIENT FEATURES OF RULE 114 B- SL. NO. 18 OF TABLE
FOR ASSESSEE COVERED U/S 44AB OF IT ACT, 1961
Sales or purchase of any goods and services exceeding ₹ 2.00 lac per transaction
(with effect from (w.e.f.) Jaunuary 1, 2016
[Other than motor vehicles, hotel or restaurant bill, foreign travel expense, securities, LIC, immovable property etc. (covered otherwise by specific rules)]
SITUATION I (W.E.F. JANUARY 1, 2016 ONWARDS)
TRANSACTION OF SALE/PURCHASE OF ANY GOODS/SERVICES EXC

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ber for the half year ending September 30 and 30th April for the half year ending March 31. (since rules are applicable from January 1, 2016 hence first report in form 61 will be for the period January , 2016 to March 31, 2016
CASH TRANSACTIONS OF SALE OR PURCHASE
TO BE REPORTED W.E.F. 01/04/2016
SITUATION III
TRANSACTION OF SALE or PURCHASE OF ANY GOODS/SERVICES EXCEEDING ₹ 2.00 LAC PER TRANSACTION ON CASH BASIS EVEN THOUGH BUYER HAS PAN
ACTION REQUIRED
* One time registration to be obtained by seller as reporting entity from IT Department
* PAN of seller and buyer to be written on the invoice itself
* Verify the PAN of buyer by taking copy of PAN card
* Annual Return in Form no. 61A to be filed latest by 31st May for t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

rom January 1, 2016 hence first report in form 61 will be for the period January , 2016 to March 31, 2016
* Annual return in form no. 61A to be filed latest by 31st May for the complete financial year 2016-17 onwards with Director/Joint Director of Income-tax (Intelligence and Criminal Investigation)
These are the personal views of the authors.
CA. Gopal Ji Agrawal
CA. S.S. Gupta
Reply By Anubhav Jain as =
Hello,
if my CA mentions cash sale( above 2 lakhs) and pan no (let's assume it 12345) with them In my files.
Can the income tax department track this transaction just by the pan no (12345) without opening my files.
how? ( doubt is how do they track the cash transactions excluding bank transactions by the pan no)
Dated: 16

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Master Direction – Export of Goods and Services (Updated as on January 12, 2026)

Master Direction – Export of Goods and Services (Updated as on January 12, 2026)
16/2015-16 Dated:- 1-1-2016 Master Direction
FEMA
RBI/FED/2015-16/11
FED Master Direction No. 16/2015-16
January 1, 2016
(Updated as on January 12, 2026)
(Updated as on November 14, 2025)
(Updated as on October 09, 2025)
(Updated as on October 01, 2025)
(Updated as on August 05, 2025)
(Updated as on April 29, 2025)
(Updated as on April 23, 2025)
(Updated as on March 17, 2025)
(Updated as on January 16, 2025)
(Updated as on August 29, 2024)
(Updated as on November 22, 2022)
(Updated as on January 08, 2021)
(Updated as on October 19, 2020)
(Updated as on January 12, 2018)
(Updated as on November 16, 2017)
(Updated as on September 15, 2017)
(Updated as on May 26, 2016)
(Updated as on May 12, 2016)
To,
All Authorised Dealer Category – I banks
Madam / Sir,
Master Direction – Export of Goods and Services
Export of Goods and Services from India is governed by Section 7 of the F

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

his Master Direction is furnished in the Appendix. Reporting instructions can be found in Master Directions on reporting (Master Direction No. 18 dated January 01, 2016)
4. It may be noted that, whenever necessary, Reserve Bank shall issue directions to Authorised Persons through A.P. (DIR Series) Circulars in regard to any change in the Regulations or the manner in which relative transactions are to be conducted by the Authorised Persons with their customers/ constituents. The Master Direction issued herewith shall be amended suitably simultaneously. This Master Direction is issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 and is without prejudice to permissions/ approvals, if any, required under any other law.
Yours faithfully,
(Dr Aditya Gaiha)
Chief General Manager-in-Charge
 
INDEX
PART – A General
A.1
Introduction
A.2
Realization and repatriation of proceeds of export of goods / software / services
A.3
Manner of receipt and paym

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

solidation of air cargo/ sea cargo
B.12
Exemption from Declaration
PART -C Obligations of Authorised Dealers
C.1
Grant of EDF waiver
C.2
Receipt of advance against exports
C.3
EDF Approval for Trade Fair/Exhibitions abroad
C.4
EDF approval for export of goods for re-imports
C.5
Re-export of unsold rough diamonds from Special Notified Zone of Customs without Export Declaration Form (EDF) formality
C.6
Foreign Currency accounts of Overseas branches/office, representatives of Indian entities
C.7
Delay in submission of shipping documents by exporters
C.8
Return of documents to exporters
C.9
Landlocked countries
C.10
Direct dispatch of documents by the exporter
C.11
Part Drawings /Undrawn Balances
C.12
Consignment Exports
C.13
Opening / hiring of warehouses abroad
C.14
Export Bills Register
C.15
Follow-up of overdue bills
C.16
Reduction in invoice value on account of prepayment of usance bills
C.17
Reduction in invoice value in other cases
C.18
Change

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

gional offices, functioning under the Ministry of Commerce and Industry, Department of Commerce, Government of India. Policies and procedures required to be followed for exports from India are announced by the DGFT, from time to time.
(ii) AD Category – I banks may conduct export transactions in conformity with the Foreign Trade Policy in vogue and the Rules framed by the Government of India and the Directions issued by Reserve Bank from time to time. In exercise of the powers conferred by clause (a) of sub-section (1) and sub-section (3) of Section 7 and sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank has notified the 2Foreign Exchange Management (Export of Goods and Services) Regulations, 2015 relating to export of goods and services from India, hereinafter referred to as the 'Export Regulations'. These Regulations have been notified vide Notification No. FEMA 23(R)/2015-RB dated January 12, 2016.
(iii) The directions contai

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

, provided it is through a freely convertible Vostro account of a non-resident bank situated in any country other than a member country of Asian Clearing Union (ACU) or Nepal or Bhutan. Additionally, rupee payment through Vostro account must be against payment in free foreign currency by buyer in his non-resident bank account. Free foreign exchange remitted by buyer to his non-resident bank (after deducting bank service charges) on account of this transaction would be taken as export realization under export promotion schemes of FTP.
(c) Contracts (for which payments are received through Asian Clearing Union (ACU) shall be denominated in ACU Dollar. However, participants in the ACU may settle their transactions in ACU Dollar or in ACU Euro as per RBI Notifications. Central Government may relax provisions of this paragraph in appropriate cases. Export contracts and invoices can be denominated in Indian rupees against EXIM Bank/Government of India line of credit.
(d) Invoicing, payment

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ndent bank of the partner country.
(vi) Any reference to the Reserve Bank should first be made to the Regional Office of the Foreign Exchange Department situated in the jurisdiction where the applicant person resides, or the firm / company functions, unless otherwise indicated. If, for any particular reason, they desire to deal with a different office of the Foreign Exchange Department, they may approach the Regional Office of their jurisdiction for necessary approval. Such references should be routed through the Compliance Head of the AD bank.
(vii) “Financial Year” (April to March) is reckoned as the time base for all transactions pertaining to trade related issues.
A.2 Realization and repatriation of proceeds of export of goods / software / services
It is obligatory on the part of the exporter to realise and repatriate the full value of goods / software / services to India within a stipulated period from the date of export, as under:
(i) It has been decided in consultation with

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

23, 2025, AD banks may allow exporters to realise and repatriate full export value of goods exported to 'Bharat Mart' within nine months from the date of sale of the goods from the warehouse.
A.3 Manner of receipt and payment
(i) The amount representing the full export value of the goods exported shall be received through an AD Bank in the manner specified in the Foreign Exchange Management (Manner of Receipt & Payment) Regulations, 2023 notified vide Notification No. FEMA 14(R)/2023-RB dated December 21, 2023.
(ii) When payment for goods sold to overseas buyers during their visits is received in this manner, EDF (duplicate) should be released by the AD Category – I banks only on receipt of funds in their Nostro account or if the AD Category – I bank concerned is not the Credit Card servicing bank, on production of a certificate by the exporter from the Credit Card servicing bank in India to the effect that it has received the equivalent amount in foreign exchange, AD Category – I b

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

aintain ACU Dollar, ACU Euro and ACU Japanese Yen accounts with their correspondent banks in other participating countries. All eligible payments are required to be settled by the concerned banks through these accounts.
c) Relaxation from ACU Mechanism- Indo-Myanmar Trade – Trade transactions with Myanmar can be settled in any freely convertible currency in addition to the ACU mechanism.
d) In view of the difficulties being experienced by importers/exporters in payments to / receipts from Iran, it has been decided that with effect from December 27, 2010, all eligible current account transactions including trade transactions with Iran should be settled in any permitted currency outside the ACU mechanism, until further notice.
e) 10All eligible current account transactions including trade transactions with Sri Lanka may be settled in any permitted currency outside the ACU mechanism with effect from July 08, 2022, until further notice.
f) In view of the understanding reached among the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

/ import transactions
Taking into account the evolving international trade practices, it has been decided to permit third party payments for export / import transactions subject to conditions as under:
a) Firm irrevocable order backed by a tripartite agreement should be in place. However, it may not be insisted upon in cases where documentary evidence for circumstances leading to third party payments / name of the third party being mentioned in the irrevocable order/ invoice has been produced subject to:
(i) AD bank should be satisfied with the bona-fides of the transaction and export documents, such as, invoice / FIRC.
(ii) AD bank should consider the FATF statements while handling such transaction.
b) Third party payment should be routed through the banking channel only;
c) The exporter should declare the third party remittance in the Export Declaration Form and it would be responsibility of the Exporter to realise and repatriate the export proceeds from such third party named

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

payment being made for import of goods.
(vi) 12Settlement of Export transactions in currencies not having a direct exchange rate
To further liberalise the procedure and facilitate settlement of export transactions where the invoicing is in a freely convertible currency and the settlement takes place in the currency of the beneficiary, which though convertible, does not have a direct exchange rate, it has been decided that AD Category-I banks may permit settlement of such export transactions (excluding those put through the ACU mechanism), subject to conditions as under:
* Exporter shall be a customer of the AD Bank,
* Signed contract / invoice is in a freely convertible currency,
* The beneficiary is willing to receive the payment in the currency of beneficiary instead of the original (freely convertible) currency of the invoice/ contract, Letter of Credit as full and final settlement,
* AD bank is satisfied with the bonafides of the transactions, and
* The counterparty to

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

i) Exchange rate between the currencies of the two trading partner countries may be market determined.
(iii) The settlement of trade transactions under this arrangement shall take place in INR in accordance with the procedure laid down in Para c.
c) In terms of Regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016, AD banks in India have been permitted to open Rupee Vostro Accounts. Accordingly, for settlement of trade transactions with any country, AD bank in India may open Special Rupee Vostro Accounts of correspondent bank/s of the partner trading country. In order to allow settlement of international trade transactions through this arrangement, it has been decided that:
(i) Indian importers undertaking imports through this mechanism shall make payment in INR which shall be credited into the Special Vostro account of the correspondent bank of the partner country, against the invoices for the supply of goods or services from the overseas seller /supplier.
(ii

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

unts are first used towards payment obligations arising out of already executed export orders / export payments in the pipeline. The said permission would be in accordance with the conditions mentioned in para-C.2 on Receipt of advance against exports under Master Direction on Export of Goods and Services 2016 (as amended from time to time). In order to ensure that the advance is released only as per the instructions of the overseas importer, the Indian bank maintaining the Special Vostro account of its correspondent bank shall, apart from usual due diligence measures, verify the claim of the exporter with the advice received from the correspondent bank before releasing the advance.
f) 'Set-off' of export receivables against import payables in respect of the same overseas buyer and supplier with facility to make/receive payment of the balance of export receivables/import payables, if any, through the Rupee Payment Mechanism may be allowed, subject to the conditions mentioned in para C

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

company in terms of guidelines and limits prescribed vide AP DIR Circular No.13 dated October 03, 2025.
i) Reporting of cross- border transactions need to be done in terms of the extant guidelines under FEMA 1999.
j) AD Category-I banks may open/close Special Rupee Vostro Accounts in the name of their overseas branches or correspondents without prior reference to the Reserve Bank16 AD bank maintaining the Special Rupee Vostro Account shall ensure that the correspondent bank is not from a country or jurisdiction in the updated FATF Public Statement on High Risk & Non Co-operative Jurisdictions on which FATF has called for counter measures.
A.4 Foreign Currency Account
(i) Participants in international exhibition/trade fair have been granted general permission vide 17Regulation 5(E)(5) of Foreign Exchange Management (Foreign Currency Accounts by a person Resident in India) Regulations dated January 21, 2016 for opening a temporary foreign currency account abroad. Exporters may depos

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

a foreign currency account with a bank outside India, in the name of its overseas office/branch, by making remittance for the purpose of normal business operations of the said office/branch or representative subject to conditions stipulated in 18Regulation 5 (B) of Foreign Exchange Management (Foreign Currency Accounts by a person Resident in India) Regulations dated January 21, 2016.
(iv) A unit located in a Special Economic Zone (SEZ) may open, hold and maintain a Foreign Currency Account with an AD Category – I bank in India subject to conditions stipulated in 19Regulation 4 (D) of Foreign Exchange Management (Foreign Currency Accounts by a person Resident in India) Regulations dated January 21, 2016.
(v) A person resident in India being a project / service exporter may open, hold and maintain foreign currency account with a bank outside or in India, subject to the standard terms and conditions in the Memorandum PEM.
20(vi)
A person resident in India, being an exporter, may open

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

and / or studded with / without diamond and / or other stones, with a track record of at least three years21 in import / export of diamonds / colored gemstones / diamond and colored gemstones studded jewellery / plain gold jewellery and having an average annual turnover of Rs. 3 crores or above during the preceding three licensing years (licensing year is from April to March) are permitted to transact their business through Diamond Dollar Accounts.
(ii) They may be allowed to open not more than five Diamond Dollar Accounts with their banks.
(iii) Eligible firms and companies may apply for permission to their AD Category – I banks in the format prescribed.
22
(iv) Conditions mentioned at Para A.6 (iv) a) & b) shall also apply.
A.6 Exchange Earners' Foreign Currency Account (EEFC Account)
(i) A person resident in India may open with, an AD Category – I bank in India, an account in foreign currency called the Exchange Earners' Foreign Currency (EEFC) Account, in terms of 23Regulatio

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

rd commitments.
b) The facility of EEFC scheme is intended to enable exchange earners to save on conversion/transaction costs while undertaking forex transactions. This facility is not intended to enable exchange earners to maintain assets in foreign currency, as India is still not fully convertible on Capital Account.
(v) The eligible credits represent –
a) inward remittance received through normal banking channel, other than the remittance received pursuant to any undertaking given to the Reserve Bank or which represents foreign currency loan raised or investment received from outside India or those received for meeting specific obligations by the account holder.
b) payments received in foreign exchange by a 100 per cent Export Oriented Unit or a unit in Export Processing Zone, Software Technology Park or Electronic Hardware Technology Park for supply of goods to similar such unit or to a unit in Domestic Tariff Area and also payments received in foreign exchange by a unit in Dom

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

er trade proposals involving adjustment of value of goods imported into India against value of goods exported from India in terms of an arrangement voluntarily entered into between the Indian party and the overseas party through an Escrow Account opened in India in US Dollar will be considered by the Reserve Bank subject to following conditions:
(i) All imports and exports under the arrangement should be at international prices in conformity with the Foreign Trade Policy and Foreign Exchange Management Act, 1999 and the Rules and Regulations made there under.
(ii) No interest will be payable on balances standing to the credit of the Escrow Account but the funds temporarily rendered surplus may be held in a short-term deposit up to a total period of three months in a year (i.e., in a block of 12 months) and the banks may pay interest at the applicable rate.
(iii) No fund based/or non-fund based facilities would be permitted against the balances in the Escrow Account.
(iv) Applicatio

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ey will collect the EDF for goods loaded at these stations so that the goods may move straight on to the foreign country without further formalities at the border. The list of designated railway stations can be obtained from the Railways. For goods loaded at stations other than the designated stations, exporters must arrange to present EDF to the Customs Officer at the Border Land Customs Station where Customs formalities are completed.
A.9 Border trade with Myanmar
In supersession of instructions contained in A.P. (DIR Series) Circular No. 17 dated October 16, 2000, barter system of trade at the Indo-Myanmar border has been discontinued and replaced with normal trade with effect from December 1, 2015. Accordingly, all trade transactions with Myanmar, including those at the Indo-Myanmar border with effect from December 1, 2015 shall be settled in any permitted currency in addition to the Asian Clearing Union mechanism.
A.10 Counter -Trade arrangements with Romania
The Reserve Bank

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

de in advance in one lump sum or at monthly intervals as approved by the authority concerned.
A.13 Export factoring on non-recourse basis
AD banks have been permitted to factor the export receivables on a non-recourse basis, so as to enable the exporters to improve their cash flow and meet their working capital requirements subject to conditions as under:
* AD banks may take their own business decision to enter into export factoring arrangement on non-recourse basis. They should ensure that their client is not over financed. Accordingly, they may determine the working capital requirement of their clients taking into account the value of the invoices purchased for factoring. The invoices purchased should represent genuine trade invoices.
* In case the export financing has not been done by the Export Factor, the Export Factor may pass on the net value to the financing bank/ Institution after realising the export proceeds.
* AD bank, being the Export Factor, should have an arrange

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

'Project Exports' and 'Service Exports' are laid down in the revised Memorandum of Instructions on Project and Service Exports (PEM-July 2014).
(ii) Accordingly, AD banks / Exim Bank may consider awarding post-award approvals without any monetary limit and permit subsequent changes in the terms of post award approval within the relevant FEMA guidelines / regulations. Project and service exporters may approach AD banks / Exim Bank based on their commercial judgment. The respective AD bank / Exim Bank should monitor the projects for which post-award approval has been granted by them.
(iii) In order to provide greater flexibility to project & service exporters in conducting their overseas transactions, facilities have been provided as under:
a) Inter-Project transfer of machinery – The stipulation regarding recovery of market value (not less than book value) of the machinery, etc., from the transferee project has been withdrawn. Further, exporters may use the machinery / equipment for

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ating of which should be at least A-1/AAA by Standard & Poor or P-1/-AAA by Moody's or F1/AAA by Fitch IBCA etc., and as deposits with branches / subsidiaries outside India of AD Category – I banks in India.
d) Repatriation of funds in case of On-site Software Contracts – The requirement of repatriation of 30 per cent of contract value in respect of on-site contracts by software exporter company / firm has been dispensed with. They should, however, repatriate the profits of on-site contracts after completion of the contracts.
A.15 Export of goods on lease, hire, etc.
Prior approval of the Reserve Bank is required for export of machinery, equipment, etc., on lease, hire basis under agreement with the overseas lessee against collection of lease rentals/hire charges and ultimate re-import. Exporters should apply for necessary permission, through an AD Category – I banks, to the Regional Office concerned of the Reserve Bank, giving full particulars of the goods to be exported.
A.16 Exp

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

isiting India may take outside India currency notes of Government of India and Reserve Bank of India notes up to an amount not exceeding Rs. 25,000 (Rupees twenty five thousand only) while exiting only through an airport.
PART-B EDF / SOFTEX Procedure
B.1 Export of goods through Customs ports
(i) Customs shall certify the value declared and give running serial number on the two copies of Export Declaration Form (EDF), submitted by exporter at Non- Electronic Data Interchange (EDI) port.
(ii) Customs shall retain the original EDF for transmission to the Reserve Bank and return the duplicate copy to the exporter.
(iii) At the time of shipment of goods, exporters shall submit the duplicate copy of the EDF to Customs. After examining the goods, Customs shall certify the quantity in the form and return it to the exporter for submission to AD for negotiation or collection of export bills.
(iv) Within 21 days from the date of export, exporter shall lodge the duplicate copy together with

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

uthority concerned shall hand over to the exporter, one copy of the shipping bill marked 'Exchange Control (EC) Copy' for being submitted to the AD bank within 21 days from the date of export for collection/negotiation of shipping documents. However, in cases where EC copy of shipping bill is not printed in terms of CBEC's Circular No. 55/2016-Customs dated November 23, 2016 and data of shipping bill is integrated with EDPMS, requirement of submission of EC copy of shipping bill with the AD bank would not be there.
(iii) The manner of disposal of EC copy of Shipping Bill shall be the same as that for EDF. The duplicate copy of the form together with a copy of invoice etc. shall be retained by ADs and may not be submitted to the Reserve Bank. The question of disposal of EC copy of shipping bill will, however, not arise where EC copy of shipping bill is not printed in terms of CBEC's Circular No.55/2016-Customs dated November 23, 2016 and data of shipping bill is integrated with EDPMS.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

r ensuring that the parcel has been addressed to their branch or correspondent bank in the country of import and return the original copy to the exporter, who shall then submit the EDF to the post office with the parcel.
(ii) The duplicate copy of EDF shall be retained by the AD to whom the exporter shall submit relevant documents together with an extra copy of invoice for negotiation/collection, within the prescribed period of 21 days.
(iii) The concerned overseas branch or correspondent shall be instructed to deliver the parcel to consignee against payment or acceptance of relative bill.
(iv) AD may, however, countersign EDF covering parcels addressed direct to the consignees, provided:
* An irrevocable letter of credit for the full value of export has been opened in favor of the exporter and has been advised through the AD concerned.
Or
* The full value of the shipment has been received in advance by the exporter through an AD.
Or
* The AD is satisfied, on the basis of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

gard has been rationalised in consultation with the Government of India as outlined below should be followed by the exporter in conformity with Regulation 3 of Notification No.FEMA.23 (R)/2015-RB dated January 12, 2016.
a) The exporters may submit the EDF, duly signed by the Master of the vessel in lieu of Custom certification, indicating the composition of the catch, quantity, export value, date of shipment (date of transfer of catch), etc duly supported by a certificate from an international cargo surveyor.
b) Bill of Lading / receipt of trans-shipment issued by the carrier vessel should include the EDF Number.
c) The prescribed period of realization and repatriation should be reckoned with reference to the date of transfer of catch as certified by the Master of the vessel or the date of the invoice, whichever is earlier.
d) The EDF, both original and duplicate, should indicate the number and date of Letter of Permit issued by Ministry of Agriculture for operation of the vessel.

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

electronic format to RBI, the exporters now have to submit the SOFTEX form in duplicate as per the revised procedure. STPI/SEZ will retain one copy and handover duplicate copy to exporters after due certification. As hitherto, the exporters have to provide information about all the invoices including the ones lesser than US$25000, in the bulk statement in excel format.
(ii) A common “SOFTEX Form” has been devised to declare single as well as bulk software exports.
(iii) Reserve Bank of India has extended the facility for online generation of the EDF Form Number and the SOFTEX Form Number (Single as well as Bulk for use in off-site software exports). The facility of manual allotment of single as well bulk SOFTEX form number by Regional Offices of RBI has been dispensed with accordingly.
(iv) Invoicing of software exports
a) For long duration contracts involving series of transmissions, the exporters should bill their overseas clients periodically, i.e., at least once a month or on r

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

them.
d) The invoices raised on overseas clients as at (a) to (c) above will be subject to valuation of export declared on SOFTEX form by the designated official concerned of the Government of India and consequent amendment made in the invoice value, if necessary.
B.6 Citing of specific identification numbers
In all applications / correspondence with the Reserve Bank, the specific identification number as available on the EDF and SOFTEX forms should invariably be cited.
B.7 Export of Services
it is clarified that, in respect of export of services to which none of the Forms specified in these Regulations apply, the exporter may export such services without furnishing any declaration, but shall be liable to realise the amount of foreign exchange which becomes due or accrues on account of such export, and to repatriate the same to India in accordance with the provisions of the Act, and these Regulations, as also other rules and regulations made under the Act.
B.8 Third party export

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

oon as it is obtained.
(ii) Where a shipment has been entirely shut out and there is delay in making arrangements to re-ship, the exporter will give notice in duplicate to the Customs in the form and manner prescribed, attaching thereto the unused duplicate copy of EDF and the shipping bill. The Customs will verify that the shipment was actually shut out, certify the copy of the notice as correct and forward it to the Reserve Bank together with unused duplicate copy of the EDF. In this case, the original EDF received earlier from Customs will be cancelled. If the shipment is made subsequently, a fresh set of EDF should be completed.
B.11 Consolidation of air cargo/sea cargo
(i) Consolidation of air cargo
a) Where air cargo is shipped under consolidation, the airline company's Master Airway Bill will be issued to the Consolidating Cargo Agent. The Cargo agent in turn will issue his own House Airway Bills (HAWBs) to individual shippers.
b) AD Category – I banks may negotiate HAWBs o

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

'relative sale contract' with overseas buyer provides for acceptance of FCR as a shipping document in lieu of bill of lading. However, the acceptance of such FCR for purchase/discount would purely be the credit decision of the bank concerned who, among others, should satisfy itself about the bona fides of the transaction and the track record of the overseas buyer and the Indian supplier since FCRs are not negotiable documents. It would be advisable for the exporters to ensure due diligence on the overseas buyer, in such cases.
B.12 Exemption from Declaration
The requirement of declaration of export of goods and software in the prescribed form will not apply to the cases indicated in Regulation 4 of 24Notification No.FEMA.23 (R)/2015-RB dated January 12, 2016. The exporters shall, however, be liable to realise and repatriate export proceeds as per FEMA Regulations.
PART-C Obligations of Authorised Dealers
C.1 Grant of EDF waiver
25AD Category – I banks may consider request

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

verage annual export realisation during preceding three licensing years.
Such free of cost supplies shall not be entitled to Duty Drawback or any other export incentive under any export promotion scheme.
Exports of goods not involving any foreign exchange transaction directly or indirectly requires the waiver of EDF procedure from the Reserve Bank.
C.2 Receipt of advance against exports
(1) In terms of Regulation 15 of Notification No. FEMA 23 (R)/2015-RB dated January 12, 2016, where an exporter receives advance payment (with or without interest), from a buyer outside India, the exporter shall be under an obligation to ensure that the shipment of goods is made within three years26 from the date of receipt of advance payment; the rate of interest, if any, payable on the advance payment does not exceed London Inter-Bank Offered Rate (LIBOR)/ 27any other widely accepted / Alternative reference rate + 100 basis points; and the documents covering the shipment are routed through the AD

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

banks can also allow exporters having a minimum of three years' satisfactory track record to receive long term export advance up to a maximum tenor of 10 years to be utilized for execution of long term supply contracts for export of goods subject to the conditions as under:
(i) Firm irrevocable supply orders and contracts should be in place. The contract with the overseas party/ buyer should be vetted and the same shall clearly specify the nature, amount and delivery timelines of the products over the years and penalty in case of non-performance or contract cancellation. Product pricing should be in consonance with prevailing international prices.
(ii) Company should have capacity, systems and processes in place to ensure that the orders over the duration of the said tenure can actually be executed.
(iii) The facility is to be provided only to those entities, which have not come under the adverse notice of Enforcement Directorate or any such regulatory agency or have not been cauti

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

among others, prudential requirements based on board approved policy.
a) BG / SBLC may be issued for a term not exceeding two years at a time and further rollover of not more than two years at a time may be allowed subject to satisfaction with relative export performance as per the contract.
b) BG / SBLC should cover only the advance on reducing balance basis.
c) BG / SBLC issued from India in favor of overseas buyer should not be discounted by the overseas branch / subsidiary of bank in India.
Note: AD Category – I banks may also be guided by the Master Circular on Guarantees and Co-acceptances issued by Department of Banking Regulation.
(xii) AD Category – I banks may allow the purchase of foreign exchange from the market for refunding advance payment credited to EEFC account only after utilizing the entire balances held in the exporter's EEFC accounts maintained at different branches/banks.
(3) AD Category- I banks may allow exporters to receive advance payment for export of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

e of refund exceeding 10% of the advance payment received in the last three years;
(vii) The documents covering the shipment should be routed through the same authorised dealer bank; and
(viii) In the event of the exporter's inability to make the shipment, partly or fully, no remittance towards refund of unutilized portion of advance payment or towards payment of interest should be made without the prior approval of the Reserve Bank.
(4) (i) As it has been observed that there is substantial increase in the number and amount of advances received for exports remaining outstanding beyond the stipulated period on account of non-performance of such exports (shipments in case of export of goods), AD Category -I banks are advised to efficiently follow up with the concerned exporters in order to ensure that export performance (shipments in case of export of goods) are completed within the stipulated time period.
(ii) It is further reiterated that AD category -I banks should exercise pr

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

items for display or display-cum-sale in trade fairs/exhibitions outside India subject to the following:
(i) The exporter shall produce relative Bill of Entry within one month of re-import into India of the unsold items.
(ii) The exporter shall report to the AD Category – I banks the method of disposal of all items exported, as well as the repatriation of proceeds to India.
(iii) Such transactions approved by the AD Category – I banks will be subject to 100 per cent audit by their internal inspectors/auditors.
C.4 EDF approval for export of goods for re-imports
(i) AD Category – I banks may consider request from exporters for granting EDF approval in cases where goods are being exported for re-import after repairs / maintenance / testing / calibration, etc., subject to the condition that the exporter shall produce relative Bill of Entry within one month of re-import of the exported item from India.
(ii) Where the goods being exported for testing are destroyed during testing, AD

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

d by the Central Board of Indirect Taxes & Customs, Department of Revenue, Ministry of Finance, Government of India for the above purpose, Bill of Entry shall be filed by the buyer. AD bank may permit such import payments after being satisfied with the bona-fides of the transaction. Further, AD bank shall also maintain a record of such transactions.
C.6 Foreign Currency Accounts of Overseas branches/office, representatives of Indian entities
(1) (i) At the time of setting up of the office, AD Category – I banks may allow remittances towards initial expenses up to fifteen per cent of the average annual sales/income or turnover during the last two financial years or up to twenty-five per cent of the net worth, whichever is higher.
(ii) For recurring expenses, remittances up to ten per cent of the average annual sales/income or turnover during the last two financial years may be sent for the purpose of normal business operations of the office (trading/non-trading)/branch or representat

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

able property outside India for its business and for residential purpose of its staff.
(v) The overseas office / branch of software exporter company/firm may repatriate to India 100 per cent of the contract value of each 'off-site' contract.
(vi) In case of companies taking up 'on site' contracts, they should repatriate the profits of such 'on site' contracts after the completion of the said contracts.
(vii) An audited yearly statement showing receipts under 'off-site' and 'on-site' contracts undertaken by the overseas office, expenses and repatriation thereon may be sent to the AD Category – I banks.
(2) In terms of A.P.(DIR Series) Circular No 03 dated April 23, 2025, AD banks may allow remittances by the Indian exporter for initial as well as recurring expenses for setup and continuing business operations of its offices without any pre-conditions, after verifying the reasonableness of the same.
C.7 Delay in submission of shipping documents by exporters
In cases where exporters

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

spatch shipping documents to their overseas branches/correspondents expeditiously. However, they may dispatch shipping documents direct to the consignees or their agents resident in the country of final destination of goods in cases where:
a) Advance payment or an irrevocable letter of credit has been received for the full value of the export shipment and the underlying sale contract/letter of credit provides for dispatch of documents direct to the consignee or his agent resident in the country of final destination of goods.
b) The AD Category – I banks may also accede to the request of the exporter provided the exporter is a regular customer and the AD Category – I bank is satisfied, on the basis of standing and track record of the exporter and arrangements have been made for realization of export proceeds.
(ii) AD Category – I banks may also permit 'Status Holder Exporters' (as defined in the Foreign Trade Policy), and units in Special Economic Zones (SEZ) to dispatch the expo

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ry – I bank is satisfied about the bonafides of the transaction.
In case of doubt, the AD Category – I bank may consider filing Suspicious Transaction Report (STR) with FIU_IND (Financial Intelligence Unit in India).
C.11 Part Drawings/ Undrawn Balances
(i) In certain lines of export trade, it is the practice to leave a small part of the invoice value undrawn for payment after adjustment due to differences in weight, quality, etc., to be ascertained after arrival and inspection, weighment or analysis of the goods. In such cases, AD Category – I banks may negotiate the bills, provided:
a) The amount of undrawn balance is considered normal in the particular line of export trade, subject to a maximum of 10 per cent of the full export value.
b) An undertaking is obtained from the exporter on the duplicate of EDF forms that he will surrender/account for the balance proceeds of the shipment within the period prescribed for realization.
(ii) In cases where the exporter has not been able

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

duct from sale proceeds of the goods expenses normally incurred towards receipt, storage and sale of the goods, such as landing charges, warehouse rent, handling charges, etc. and remit the net proceeds to the exporter.
(iii) The account sales received from the Agent/Consignee should be verified by the AD Category – I banks. Deductions in Account Sales should be supported by bills/receipts in original except in case of petty items like postage/cable charges, stamp duty, etc.
(iv) In case the goods are exported on consignment basis, freight and marine insurance must be arranged in India.
(v) AD Category – I banks may allow the exporters to abandon the books, which remain unsold at the expiry of the period of the sale contract. Accordingly, the exporters may show the value of the unsold books as deduction from the export proceeds in the Account Sales.
C.13 Opening / hiring of warehouses abroad
(1) AD Category – I banks may consider the applications received from exporters and grant

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

of the same.
C.14 Export Bills Register
AD Category – I banks should maintain Export Bills Register, in physical or electronic form aligned with Export Data Processing and Monitoring System (EDPMS). The bill number should be given to all type of export transactions on a financial year basis (i.e. April to March) and same should be reported in EDPMS.
C.15 Follow-up of overdue bills
(i) AD Category – I banks should closely watch realization of bills and in cases where bills remain outstanding, beyond the due date for payment from the date of export, the matter should be promptly taken up with the concerned exporter. If the exporter fails to arrange for delivery of the proceeds within the stipulated period or seek extension of time beyond the stipulated period, the matter should be reported to the Regional Office concerned of the Reserve Bank stating, where possible, the reason for the delay in realizing the proceeds.
(ii) The duplicate copies of EDF/SOFTEX Forms should, continue to

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

on the unexpired period of usance, calculated at the rate of interest stipulated in the export contract or at the prime rate/LIBOR/ 27any other widely accepted / Alternative reference rate of the currency of invoice where rate of interest is not stipulated in the contract.
C.17 Reduction in invoice value in other cases
(i) If, after a bill has been negotiated or sent for collection, its amount is to be reduced for any reason, AD Category – I banks may approve such reduction, if satisfied about genuineness of the request, provided:
a) The reduction does not exceed 25 per cent of invoice value:
b) It does not relate to export of commodities subject to floor price stipulations
c) The exporter is not on the exporters' caution list of the Reserve Bank,
d) The exporter is advised to surrender proportionate export incentives availed of, if any.
(ii) In the case of exporters who have been in the export business for more than three years, reduction in invoice value may be allowed, witho

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

f export. Where the reduction in value exceeds 25%, all other relevant conditions stipulated in paragraph C.17 should also be satisfied.
C.19 Export of goods by Special Economic Zones (SEZs)
(i) Units in SEZs are permitted to undertake job work abroad and export goods from that country itself subject to the conditions that:
a) Processing / manufacturing charges are suitably loaded in the export price and are borne by the ultimate buyer.
b) The exporter has made satisfactory arrangements for realization of full export proceeds subject to the usual EDF procedure.
(ii) AD Category – I banks may permit units in DTAs to purchase foreign exchange for making payment for goods supplied to them by units in SEZs. Authorised Dealer Banks are permitted to sell foreign exchange to a unit in the DTA for making payment in foreign exchange to a unit in the SEZ for the services rendered by it (i.e. a unit in SEZ) to a DTA unit. It must be ensured that in the Letter of Approval (LoA) issued to the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ing extension beyond one year from the date of export, the total outstanding of the exporter does not exceed USD one million or 10 per cent of the average export realizations during the preceding three financial years, whichever is higher.
33
34e) In cases where the exporter has filed suits abroad against the buyer, extension may be granted irrespective of the amount involved / outstanding.
(ii) Cases which are not covered by the above instructions would require prior approval from the concerned Regional Office of the Reserve Bank.
(iii) Reporting should be done in EDPMS.
C.21 Shipments lost in transit
(i) When shipments from India for which payment has not been received either by negotiation of bills under letters of credit or otherwise are lost in transit, the AD Category – I banks must ensure that insurance claim is made as soon as the loss is known.
(ii) In cases where the claim is payable abroad, the AD Category – banks must arrange to collect the full amount of claim due o

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

utstanding export dues despite best efforts, may either self-write off or approach the AD Category – I banks, who had handled the relevant shipping documents, with appropriate supporting documentary evidence. The limits prescribed for write-offs of unrealised export bills are as under:
Particulars
Limit
Limit(%) in relation to
Self-write-off by an exporter
(Other than the Status Holder Exporter)
5%
Total export proceeds realised during the calendar year preceding the year in which the write-off is being done
Self-write-off by Status Holder Exporter
10%
Write-off by AD Category-1 Bank
10%
C.23.2. The above limits of self-write-off and write-off by the AD Category-1 Bank shall be reckoned cumulatively and shall be available subject to the following conditions:
a) The relevant amount has remained outstanding for more than one year;
b) Satisfactory documentary evidence is furnished indicating that the exporter had made all efforts to realise the export proceeds;
c) The expo

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ll efforts made by the exporter;
* The cost of resorting to legal action would be disproportionate to the unrealised amount of the export bill or where the exporter even after winning the Court case against the overseas buyer could not execute the Court decree due to reasons beyond his control;
* Bills were drawn for the difference between the letter of credit value and actual export value or between the provisional and the actual freight charges but the amounts have remained unrealised consequent on dishonor of the bills by the overseas buyer and there are no prospects of realization.
C.23.3. Notwithstanding anything contained in para C.23.1 and C.23.2 above, the AD Category-1 bank may, on request of the exporter, write-off unrealised export bills without any limit in respect of cases falling under any of the categories specified at C.23.2 (d) (i), (ii) and (iii) above provided AD Category -1 bank is satisfied with the documentary evidence produced.
C.23.4. AD Category-1 banks m

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

shall also indicate that the export benefits, if any, availed by the exporter have been surrendered.
C.23.7. The following cases, however, would not qualify for the “write-off” facility:
* Exports made to countries with externalization problem i.e. where the overseas buyer has deposited the value of export in local currency but the amount has not been allowed to be repatriated by the Central Bank/ authorities of the country concerned.
* EDF/Softex which are under investigation by agencies like, Enforcement Directorate, Directorate of Revenue Intelligence, Central Bureau of Investigation, etc. as also the outstanding bills which are subject matter of civil / criminal suit.
C.23.8. AD Category – 1 banks shall report write-off of export bills in Export Data Processing and Monitoring System  (EDPMS).
C.23.9. AD banks shall put in place a system to carry out random check / percentage check of the export bills so written-off by their internal Inspectors/Auditors (including exter

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

tion
As announced in the Foreign Trade Policy (FTP), 2015-20, realization of export proceeds shall not be insisted upon under any of the Export Promotion Schemes under the said FTP, subject to the following conditions:
a) The write off on the basis of merits is allowed by the Reserve Bank or by AD Category – I bank on behalf of the Reserve Bank, as per extant guidelines;
b) The exporter produces a certificate from the Foreign Mission of India concerned, about the fact of non-recovery of export proceeds from the buyer; and
c) This would not be applicable in self write off cases.
37C.26 Set-off of export receivables against import payables
C.26.1. AD category -I banks may deal with the following requests received from their Exporter/Importer constituents for allowing set-off of outstanding export receivables against outstanding import payables:
* Set-off of outstanding export receivables against outstanding import payables from/to the same overseas buyer/supplier.
* Set-off of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

bank shall ensure that import payables/export receivables are outstanding at the time of allowing set-off. Further, set-off shall be allowed between the export and import legs taking place during the same calendar year.
* In case of bilateral settlement, the set-off shall be in respect of same overseas buyer/supplier subject to it being supported by verifiable agreement/mutual consent.
In case of settlement within the group/associates companies, the arrangement shall be backed by a written, legally enforceable agreement/contract. AD Category – I bank shall ensure that the terms of agreement are strictly adhered to;
Set-off shall not result in tax evasion/avoidance by any of the entities involved in such arrangement.
* Third party guidelines shall be adhered to by the concerned entities, wherever applicable;
AD Category – I bank shall ensure compliance with all the regulatory requirement relating to the transactions;
AD Category – I bank may seek Auditors/CA certificate whe

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

DF (O) forms / DTR as the case may be while details of import of goods / services are recorded through A1 / A2 form as the case may be. The relative EDF will be treated as complete by the designated AD Category – I banks only after the entire proceeds are adjusted / received.
(iii) Both the transactions of sale and purchase in R- Returns under FETERS are reported separately.
(iv) The export / import transactions with ACU countries are kept outside the arrangement.
(v) All the relevant documents are submitted to the concerned AD Category – I banks who should comply with all the regulatory requirements relating to the transactions.
C.28 Exporters' Caution List
381) An exporter would be caution-listed by the Reserve Bank based on the recommendations of the AD bank concerned, depending upon the exporters track record with the AD bank and investigative agencies.
The AD bank would make recommendations in this regard to the Regional Office concerned of the Foreign Exchange Department of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

having received advance payment or an irrevocable letter of credit in their favour covering the full value of the proposed exports;
* In case of usance bills, the relative letter of credit should cover full export value and also permit such drawings. Besides, the usance bills should also mature within prescribed realisation period reckoned from date of shipment.
* Except under the above mentioned conditions given in 2 (a) (i) and (ii), AD banks should not handle the shipping documents of caution listed exporters.
(b) AD Category – I banks should obtain prior approval of the Reserve Bank for issuing guarantees for caution-listed exporters.
C.29 [Omitted]39
C.30 Issuance of Electronic Bank Realisation Certificate (eBRC)
40AD Category-I banks are required to update the EDPMS with data of export proceeds on “as and when realised basis” and, with effect from October 16, 2017, they are required to generate Electronic Bank Realisation Certificate (eBRC) only from the data available in

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ndling these small-value export transactions, keeping in view the revised procedure/relaxations mentioned above and ensure that the same are commensurate with the services rendered. AD banks shall not levy any penal charges (penalty) for delays in adherence to any regulatory guidelines.
PART-D Remittances connected with Export
D.1 Agency commission on exports
(i) AD Category – I banks may allow payment of commission, either by remittance or by deduction from invoice value, on application submitted by the exporter. The remittance on agency commission may be allowed subject to conditions as under:
a) Amount of commission has been declared on EDF/SOFTEX form and accepted by the Customs authorities or Ministry of Information Technology, Government of India / EPZ authorities as the case may be. In cases where the commission has not been declared on EDF/SOFTEX form, remittance may be allowed after satisfying the reasons adduced by the exporter for not declaring commission on Export Decla

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Category – I banks, through whom the export proceeds were originally realised may consider requests for refund of export proceeds of goods exported from India and being re-imported into India on account of poor quality. While permitting such transactions, AD Category – I banks shall:
* Exercise due diligence regarding the track record of the exporter;
* Verify the bona-fides of the transactions;
* Obtain from the exporter a certificate issued by DGFT / Custom authorities that no export incentive has been availed by the exporter against the relevant export or the proportionate incentives availed, if any, have been surrendered;
* Not insist on the requirement of re-import of goods, where exported goods have been auctioned or destroyed by the Port / Customs / Health authorities/ any other accredited agency in the importing country subject to submission of satisfactory documentary evidence.
D.2.1. In all other cases AD banks shall ensure that procedures as applicable to normal im

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Returns
March 13, 2004
6
A.P. (DIR Series) Circular No.71
Data on Project Export Finance
June 8, 2007
7
A.P. (DIR Series) Circular No.30
Compilation of Bank-wide consolidated R-Return
February 25,2008
8
A.P (DIR Series) Circular No.43
Settlement system under ACU Mechanism
December 26, 2008
9
A.P. (DIR Series) Circular No.84
Compilation of R-Returns : Reporting under FETERS
February 29, 2012
10
A.P. (DIR Series) Circular No.46
Supply of Goods and Services by Special Economic Zones to Units in Domestic Tariff Areas
October 23, 2012
11
A.P. (DIR Series) Circular No.60
Export Outstanding Statement (XOS) Online Bank wide Submission
October 01, 2013
12
A.P. (DIR Series) Circular No.62
Closing of Old Outstanding Bills : Export – Follow-up – XOS Statements
October 14, 2013
13
A.P. (DIR Series) Circular No.63
Memorandum of Procedure for Channeling Transactions through Asian Clearing Union (ACU)
October 18, 2013
14
A.P.(DIR Series) Circular No.146
Export & Imp

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Series) Circular No. 10
Re-export of unsold rough diamonds from Special Notified Zone of Customs without Export Declaration Form (EDF) formality
November 22, 2019
22
A.P. (DIR Series) Circular No. 22
Settlement system under Asian Clearing Union (ACU) Mechanism
March 17, 2020
23
A.P. (DIR Series) Circular No. 27
Export of Goods and Services- Realisation and Repatriation of Export Proceeds-Relaxation
April 01, 2020
24
A.P. (DIR Series) Circular No. 03
Export Data Processing and Monitoring System (EDPMS) Module for 'Caution/De-caution Listing of Exporters' – Review
October 09, 2020
25
A.P. (DIR Series) Circular No. 08
External Trade – Facilitation – Export of Goods and Services
December 04, 2020
26
A.P. (DIR Series) Circular No. 13
Use of any Alternative reference rate in place of LIBOR for interest payable in respect of export / import transactions
September 28, 2021
27
A.P. (DIR Series) Circular No. 09
Asian Clearing Union (ACU) Mechanism – Indo-Sri Lanka trade

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ification No. FEMA 10(R)(7)/2025-RB
Foreign Exchange Management (Foreign Currency Accounts by a person resident in India) (Seventh Amendment) Regulations, 2025
October 06, 2025
36
A.P (DIR Series) Circular No. 19
Foreign Exchange Management (Guarantee) Regulations, 2026
January 12, 2026
–
1 FEM (Export of Goods and Services) Regulations, 2000 was repealed and replaced by FEM (Export of Goods and Services) Regulations, 2015 with effect from January 12, 2016.
2 FEM (Export of Goods and Services) Regulations, 2000 was repealed and replaced by FEM (Export of Goods and Services) Regulations, 2015 with effect from January 12, 2016.
3 Substituted vide A.P. (DIR Series) Circular No. 19 dated January 12, 2026. Prior to substitution, Para A.1(iv) read as follows:
“(iv) In terms of Regulation 4 of the Foreign Exchange Management (Guarantees) Regulations, 2000, notified vide Notification No. FEMA 8/2000-RB dated May 3, 2000, AD Category – I banks have been permitted to issue guarantees

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ncy Accounts by a person Resident in India) Regulations, 2015 with effect from January 21, 2016. Prior to insertion it read as “Regulation 7(7) of the Foreign Exchange Management (Foreign Currency Accounts by a person Resident in India) Regulations, 2000 notified vide Notification No. FEMA 10/2000-RB dated May 3, 2000”
18 Inserted by FEM (Foreign Currency Accounts by a person Resident in India) Regulations, 2015 with effect from January 21, 2016. Prior to insertion it read as “Regulation 7 of Notification No. FEMA 10/2000-RB dated May 3, 2000”
19 Inserted by FEM (Foreign Currency Accounts by a person Resident in India) Regulations, 2015 with effect from January 21, 2016. Prior to insertion it read as “Regulation 6 (A) of Notification No. FEMA 10/2000-RB dated May 3, 2000”
20 Substituted vide Notification No. FEMA 10(R)(7)/2025-RB dated October 06, 2025. Prior to substitution it read as 'A person resident in India, being an exporter, may open, hold and maintain a Foreign Currency Acc

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

ulations, 2015 with effect from January 21, 2016
23 Inserted by FEM (Foreign Currency Accounts by a person Resident in India) Regulations, 2015 with effect from January 21, 2016. Prior to insertion it read as “Regulation 4 of the Foreign Exchange Management (Foreign Currency Accounts by a person Resident in India) Regulations, 2000 notified vide Notification No. FEMA 10/2000-RB dated May 3, 2000″
24 FEM (Export of Goods and Services) Regulations, 2000 was repealed and replaced by FEM (Export of Goods and Services) Regulations, 2015 with effect from January 12, 2016
25 Inserted vide Gazette Notification No. 28.2015-2020 dated August 27, 2018. Prior to deletion it read as:” AD Category – I banks may consider requests for grant of EDF waiver from exporters as under: Status holders shall be entitled to export freely exportable items (excluding Gems and Jewellery, Articles of Gold and precious metals) on free of cost basis for export promotion subject to an annual limit of Rupees One Cro

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

2016
29 Substituted vide Notification No. FEMA 23 (R)(7)/2025-RB dated November 13, 2025
30 Inserted vide AP(DIR Series) Circular No.10 dated November 22, 2019
31 Inserted vide AP(DIR Series) Circular No.08 dated December 04, 2020
32 Inserted by AP (Dir) Series Circular 74 dated May 26, 2016, to be effected from June 15, 2016. Prior to insertion it read as: “With operationalisation of EDPMS on March 01, 2014, realization of all export transaction for shipping documents after February 28, 2014 should be reported in EDPMS and old outstanding shipping bills prior to March 01, 2014 should continue to be reported in XOS till completion of the cycle.”
33 Omitted by AP (DIR) Series Circular 74 dated May 26, 2016 with effect from June 15, 2016. Prior to deletion it read as: “All the export bills outstanding beyond six months from the date of export may be reported in XOS statement. However, where extension of time has been granted by the AD Category – I banks, the date up to which extensi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

o years in EDPMS provided no extension is granted by AD Category -I bank / RBI. Date of shipment will be considered for reckoning the realisation period. (b) Once related bills are realised and closed or extension for realisation is granted, the exporter will automatically be de-caution listed. (c) The exporters can also be caution listed even before the expiry of two years period based on the recommendation of AD banks. The recommendation may be based on cases where exporter has come to adverse notice of the Enforcement Directorate (ED)/ Central Bureau of Investigation (CBI)/ Directorate of Revenue Intelligence (DRI)/ any such other law enforcement agency or the case where exporter is not traceable or not making any serious efforts for realisation of export proceeds. In such cases, AD may forward its findings to the concerned regional office of RBI recommending inclusion of the name of the exporter in the caution list. (d) Reserve Bank will caution / de-caution the exporters in such c

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =