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PN 15/2018 IN FORCE

PN 15/2018

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(To be published in the gazette of India extraordinary part-1 section-1 )

Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade

NewPublicDelhi,Noticedated:No.|2 578© June,ete2018

Subject: Revised ANF 3B for application under Services Exports From India Scheme (SEIS)

In exercise of powers conferred under paragraph 1.03 of the Foreign Trade Policy 2015-2020, the Director General of Foreign Trade hereby notifies a new ANF 3B for Services Exports From India Scheme (SEIS), under para 3.04 (b) of the Handbook of Procedures 201520.

  1. The new ANF 3B is annexed to this Public Notice.

Effect of Public Notice: A new application format for grant of duty credit scrips under Services Exports from India Scheme (SEIS) is notified, for all SEIS applications with immediate effect. Es

Es (Alok Vardh aturvedi) Director General Of Foreign Trade E-mail: dgft@nic.in

(Issued from File No. 01/61/180/39/AM19/PC-3)

Annexure to the Public Notice No. | § / 2015-20 Dated 2 8ThA flea e, 2010/8

ANF-3 B Application Form for Service Exports From India Scheme (SEIS) (Kindly read para 3.07 to 3.12 of FTP and Para 3.04 of HBP and other common procedural features applicable to SEIS before filing application)

Guidelines for Applicants:

Along with filling the ANF 3B as below, the Applicants shall upload the following documents online

  1. Documentary evidence of payments which are approved by RBI as deemed to be received in foreign exchange and deemed to be earned in foreign exchange for services in Appendix 3E.

  2. In case the description of the services as per the invoices is different from the Description of Services in the Appendix 3D/3E, then the copies of the sample invoices for each of the different service shall be uploaded by the Applicant.

(To be filled by the Applicant online in the SEIS E-com module for the relevant year)

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----- Start of picture text -----<br> iH. |Applicant Details:<br>& ic No. (10 Digit alphanumeric PAN from 01.07.2017) ee gee re Far<br>ii|Date of Issue of IEC:<br>please note para 3.08 (f) of FTP.<br>_iii|Name of the firm Bae one<br>DnBT ge ae eg ee aa<br>eM<br>| [vi[Email][ ID] Ra ard) PE rai<br>2. |RCMC Details :<br>|_iJRCMC Number pias<br>|_ii|Valid upto [dd-mm-yyyy] che et |<br>ees<br>iv.|Productsof business / Services for which registered - in terms of main line es eee<br>8 [__|Frequency] of Application<br>J ( Information for year/<br>: deri<br>Invoice-wise details of Net Foreign Exchange earned for :<br>eligible services: (please read Guidelines for filling the Table) heion Hiledeedin thctable -<br>below)<br>----- End of picture text -----<br>

a

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services: (please read Guidelines for filling the Table) heion Hiledeedin thctable -<br>below)<br>----- End of picture text -----<br>

a

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----- Start of picture text -----<br>

||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|SI||Descri|[Invoice||S] No.|of|[Rate|of|Gross|Total|Net|Entitlement|
|Nojption||noand|[Service|as||entitlement||Foreign|expenses/|Foreign|jin USS|
|of|date|per|as per|Exchange||payment/|=|_|Exchange|
|service|Appendix||Appendix|jearnedin|[remittances|oflearned|in|
|render|3D/3E and3D|(in|%)||US$/in|{Foreign|US|$|(1)|
|ed|as|description|INR for 3E||Exchange|in|
|per|US$|
|descrip|
|tion|in|
|Invoice|
|s|
|ce|ee|ee|ee|ee|Re|Be|Eo|
|o be filled for the|year of|Rendering|Service|Other|than|year 2017-18|_|Se|es|
|(oe|aE|Bet|es Bee|
|Moa|ees|
|Total|Totalas per|{Total NFE| Total|
|Annexure|C|Entitlement|
|in USD|(1)|

----- End of picture text -----<br>

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----- Start of picture text -----<br> ‘o be filled for the year ofrendering service 2017-18"<br>ae Seat, For Period 01.04.2017 to 31.10.2017 (Period 1)<br>hl Se BS SS, See Cee<br>2 Pe ee OS ee ee<br>————<br>Totalas per [Total NFE | Total<br>Annexure C Entitlement<br>in USD (1<br>he CRS For period 01.11.2017 to 31.03.2018 (Period 2)<br>2 Te een is<br>2 a ee Be Se aeTotalas per {Total NFE | Total<br>Annexure C ntitlement<br>in USD (1<br>Total<br>Entitlemen<br>in USD (2<br>----- End of picture text -----<br>

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Guidelines for filling the Table above:

    1. If the “Total NFE in USD” in Col. No. 7 of the Table above exceeds the minimum earnings criteria prescribed at para 3.08 (b) of FTP, the RA will issue scrip as per entitlement. In case amount in Col. No. 7 of the Table above is negative, entitlement for the period is zero, hence no scrip would be issued.
    1. For calculation of Entitlement under SEIS for the year of rendering service 2017-18, if the Net Foreign Exchange Earnings of a period 1 or period 2 is negative (as in Column 7 of the table above) the negative NFE would be added with the other period, as the case may be, for arriving at the NFE of the other period. The applicant would be granted a scrip, only if this NFE is positive. The entitlement would be based on the prescribed rates for the period in which positive NFE is achieved. The minimum NFE earnings criteria for the year 2017-18 period would need to be assessed as in para 3.08(b) separately for the whole year, irrespective of the calculation in this note.
    1. The Applicants have an option of uploading online, the Table as in Serial no. 4 in Excel format.
    1. In case, more than one service category is applied for under SEIS, the applicant may suitably calculate the entitlement as described in (1) and (2) above
  1. Write up of services rendered and justification of its eligibility as per the provisional Central PC code mentioned in Appendix 3D as notified from time to time

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es rendered and justification of its eligibility as per the provisional Central PC code mentioned in Appendix 3D as notified from time to time

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----- Start of picture text -----<br> Sl no Service Wherever there is a mismatch of between column (2) and (3) of the<br>Category as per| table as in SI n., 4 above, please provide justification as to how it is<br>Appendix covered under the relevant entry in the Appendix 3D/3E.<br>3D/3E<br>: oe aie<br>aS ae<br>_7 |aie.ear aie ie ei<br>table as in Sl no. 4 and 6 above, if positive NFE<br>|Entitlement for the period 01.04.2017 to 31.10.2017 in Rs based ona Saar<br>tableEntitlementas in SI for no the 4 and period6 above, 01.11.2017if positiveto 31.03.2018 NFE in Rs based oneae |<br>rearsTotal Entitlement 21596 16 (sumand of 71859 and fies 8, for year ine 2017-18)/ede Forein other fener ta<br>----- End of picture text -----<br>

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----- Start of picture text -----<br> eahE Cee eeeeeee eeee bolee a<br>1flateCutDeductionamountinRs TCS<br>12\Final13CdEntitlement 9-l1)inRs_<br>14 [Port of Registration (for purpose of imports); |<br>|Number of Certificates required, if any ,(in multiples of Rs.5.00<br>mumber of split is 1<br>lakhs each) - (please note that in case two scrips are required, theee<br>----- End of picture text -----<br>

Certificates required, if any ,(in multiples of Rs.5.00<br>mumber of split is 1<br>lakhs each) - (please note that in case two scrips are required, theee<br>----- End of picture text -----<br>

  • DECLARATION/UNDERTAKING 1 I/We hereby certify that : | A. the entity for whom the application has been made have not been penalized/ have been penalized (please cut across in applicable portion) under any of the following Acts (as amended from time to time) in the last. five years: (i) The Customs Act, 1962,

  • | (ii) The Central Excise Act 1944, | (iii) Foreign Trade (Development & Regulation) Act 1992,

    - | 
    
    • (iv) The Foreign Exchange Management Act,1999; and (v) The Conservation of Foreign Exchange, Prevention of. Smuggling Activities Act, 1974

    • (vi) The GST Acts

(vii) SEZ Acts and Rules

  • B. None of the Directors / Partners / Proprietor / Karta / Trustees of the company /firm /HUF/Trust, (as the case may be), is/are a Director(s) / Partner(s) / Proprietor / Karta / Trustee in any other Company/ firm / entity which is on the Denied Entity List (DEL) of DGFT.

  • C. neither the Registered Office of the company / Head Office of the firm /

  • | nor any of its Branch Office(s)/ Unit(s)/ Division(s) has been declared a. defaulter and has otherwise been made ineligible for undertaking import / export under any of the provisions of the Policy.

or any of its Branch Office(s)/ Unit(s)/ Division(s) has been declared a. defaulter and has otherwise been made ineligible for undertaking import / export under any of the provisions of the Policy.

  • 2 I hereby certify that foreign exchange earned on account of services rendered from India alone in terms of Para 9.51 (i) and Para 9.51 (ii) of FTP has been taken into account for this application under SEIS as per Para 3.08(a) of FTP 2015-20

|

  • |3 Iprovidedhereby declarein PolicythatCircular there No.1,is no supplydated 11.06.2015 of service by unit located in DTA to SEZ Unit as,

  • 4 I hereby declare that my main line of business is services and therefore SEPC RCMC is being submitted with this application.

O Ihereby declare that my main line of business is not services and therefore, the RCMC frOM ............4ss0+e00+++. has been submitted 4

4

  • 9 [hereby declare that foreign exchange earned against services are exclusive of taxes paid to Central/state government as per Trade notice 11 dt. 21.07.2016 of DGFT.

  • 6 hereby declare that I have perused the ineligible categories as present in the para 3.09 of the FTP 2015-20 and the Annexure to Appendix 3D updated from time to time, and I declare that no service for which a claim has been filed under this application is covered under any of these ineligible categories.

  • 7 Thereby declare that no claim under this SEIS pertains to Transfer of export performance, which not permitted under Para 3.17 of FTP, 2015-20.

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7 Thereby declare that no claim under this SEIS pertains to Transfer of export performance, which not permitted under Para 3.17 of FTP, 2015-20.

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  • 8 I have gone through the Appendix 3D and the Central Product Classification Provisional list (available in the downloads section of www.dgft.gov.in, and as updated from time to time) and the services for which SEIS claim is being made fall under the Codes as mentioned in the Appendix 3D

  • 9 I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, as amended from time to time, the Rules and Orders framed there under, the Foreign Trade Policy, the Handbook of Procedures

  • 10 I/We hereby certify that that particulars and statements made in this application are true and correct and nothing has been concealed or held there ANF 3B from. I/We fully, understand that any information furnished in the application if found incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted. In case of ineligible claim/ over claim, | shall be under obligation to refund the ineligible claim/ overclaim in electronic mode/ any other permitted mode of | payment with interest at the rate with interest at the rate prescribed under section 28 A A of the Customs Act 1962, from the date of issue of scrip in the relevant Head of Account of Customs within one month.

th interest at the rate with interest at the rate prescribed under section 28 A A of the Customs Act 1962, from the date of issue of scrip in the relevant Head of Account of Customs within one month. I understand that I shall also be under obligation to surrender the scrip whether partially utilized or fully unutilized, at any stage, if asked to do so by the DGFT. |

  • 11__I hereby certify that I am authorized to verify and sign this declaration as per Paragraph 9.06 of the Foreign Trade Policy.

    1. In case the entity for whom the application has been made have been penalized as per the Sl File no. Penalty Imposed Paid/ Not paid/ no. Appealed against
  • ESSA SSD Re aera es eee pe RSTO St PL ii ee ese ee Selene eis ae See S This box needs to be ticked while submitting the application online, in order to have accepted the declarations 1 to 12 to proceed with the submission of the application online.

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Signature of the Applicant

Enclosure to ANF 3B

  • Instruction for Chartered Accountant (CA) / Cost and Works Accountant (ICWA) / Company Secretary (CS) for filling up AnnexureA to C.
  1. It is mandatory to fill all columns in Annexure A to C, even if the amount is NIL. 2. Expenses for the purpose of Annexure C shall mean Total expenses / payment / remittances of Foreign Exchange by the IEC holder, relating to service sector in the relevant period/ FY

  2. If the IEC holder is a manufacturer of goods as well as service provider, then the foreign exchange earnings and Total expenses/payment /remittances shall be taken into account for service sector only.

  3. The certifying professional should ensure that the application in coherence with the UN Central Product Classification Provisional List and Descriptions therein, before filing this claim. In cases of mis-declaration, action shall be initiated as per existing laws, rules and regulations

  4. All pages of the Enclosure to ANF 3B needs to be attested by the CA/ Chartered Accountant (CA) / Cost and Works Accountant (ICWA) / Company Secretary (CS)

CERTIFICATE OF CHARTERED ACCOUNTANT (CA) / COST AND WORKS ACCOUNTANT (ICWA) / COMPANY SECRETARY (CS)

I have examined prescribed registers and also relevant records of

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and certify that:

  1. |Bills, Invoices, Forward Inward Remittance Certificates (FIRCs), Bank Realizatio Certificates, Certificate from international credit card companies, and evidences of foreig exchange earnings have been examined and verified by me.

2 Relevant records relating to Total expenses /payment/remittances of Foreign Exchange, by the IEC holder, relating to service sector in the Financial year have been examined and erified by me.

ervices for which benefit is claimed do not include ineligible services and remittances as per the FTP and HBP 2015-20, Policy circulars and Trade Notices as published from time to time.

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  • 4 Neither I, nor any of my / our partners is a partner, director, or an employee of aboveamed entity, its Group companies or its associated concerns.

    1. [Details of Foreign Exchange Earned for Supply of Service From India to outside India or in India, and Total expenses /payment/remittances of Foreign Exchange by the IEC holder, relating to service sector in the Financial year is as under the Table 1 below.
  • I have verified the information in the SI no. 6 to 12 of the ANF 3B, filled by the applicant and have found them to be correct

ervice sector in the Financial year is as under the Table 1 below.

  • I have verified the information in the SI no. 6 to 12 of the ANF 3B, filled by the applicant and have found them to be correct

  • 7 I hereby declare that I have correlated all the Invoices mentioned in Annexure B of this certificate with the corresponding proof of remittance and found them to be correct. I hereby declare that I have correlated the description of these invoices with the corresponding service category as per Appendix 3D and have filled the table 1 of this certificate and the provisional CPC code in Annexure B accordingly.

Table 1.

CATEGORY WISE details of Net Foreign Exchange earned for eligible services (please read the Guidelines to the table in S1 no. 4 of the ANF 3B)

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----- Start of picture text -----<br> 1 |Description|Sl No. offRate ofiGross Foreign/Total Net ForeigniEntitlemen<br>No of serviceService _ jentitlement |Exchange expenses / Exchange jin US$<br>rendered [Category Jas perjearned injpayment/ earned in U<br>as perjas per|Appendix |US$/ in INR\remittances of|$<br>Invoices of/Appendix3D (in %) {for 3E oreign<br>the D/3E Exchange i<br>relevant US$<br>categor<br>le ee ee eae a<br>o be filled for the year of Rendering Service Other than year 2017-18 _ one = &<br>| 2 aE Se EE Peri SO le: BS GMCote away<br>Total NFE | Total<br>Entitlemen<br>in USD<br>0be filled for the year of Rendering Service 2017-18 i : : ae<br>| For Period [01.04.2017] [to][ 31.10.2017 (Period] [1)]<br>ea el a cee aati iti ales Paes Renee. Sete<br>----- End of picture text -----<br>

¥

e year of Rendering Service 2017-18 i : : ae<br>| For Period [01.04.2017] [to][ 31.10.2017 (Period] [1)]<br>ea el a cee aati iti ales Paes Renee. Sete<br>----- End of picture text -----<br>

¥

7 SES Eee Ee ee |__|Foroie2)period 01.11.2017Bsneto31.03.2018 (Period Tota l NFE A[Total= ee 723 Rae Soa) Meas Gaaes Reee eyee a RD a Total NFE Botal ee et ol = in USD OOM Gia ae eeeSe,otal render me liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted. CA/ICWA/CS eee| Nae teeSiete eeSee eee eeaee kris ae ee RROfficial Ea a ar lie ee, Address pniee eee ene et Se 2 es peat) Bawa /lame =F eee ea IND oleae A aE SG Se she[aurea] aaaee badewae er a ENSie BRS ee = Cai A DEE i TS Ae ee Ee eeee ee eee ee SAISONRESET et oe ea a NTP AN er SSS(Ee ia a er

Annexure-A

a

A write up of services rendered and justification of its eligibility as per the provisional Central PC code mentioned in Appendix 3D as updated from time to time

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----- Start of picture text -----<br> Sl no Service Wherever there is a mismatch of between column (2) and (3) of the<br>Category as per | table as in Table 1 above, please provide justification as to how it<br>Appendix is covered under the relevant entry in the Appendix 3D/3E.<br>3D/3E<br>fe ed eh ere Gee eee ae tg<br>eS a eaeee<br>----- End of picture text -----<br>

Annexure B

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----- Start of picture text -----<br> Sl | Invoice | Date of | Provisional CPC Corresponding FIRC/ e | Value in USD/ INR<br>no | No. Invoice | Code as per FIRC No./ Bank as per Invoice<br>Appendix 3D Certificate<br>be CREE ES, aleeeach coe | eT<br>Pees er ee ee ee<br>----- End of picture text -----<br>

Annexure-C

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----- Start of picture text -----<br> Calculation of Total expenses / payment/ remittances in the financial year:<br>Sl [Invoice |Date of transaction of Amount of Exchange rate on Equivalent<br>Noj|no and _|jexpenses/ payment expenses in Date of Transaction jin US$<br>date / remittances currency of toconvertinUS$ __|(i.e. 4X5)<br>transaction<br>2 i ee SES SN eT<br>Total expenses / payments/ remittances in the period 01.11.2017 to 31.03.2018 (to)<br>be filled for SEIS Claim for 17-18 onl<br>Total expenses /payments/ remittances in the period 01.04.2017 to 31.10.2017 (to<br>be filled for SEIS Claim for 17-18 onl<br>Total expenses /payments/ remittances in the period for other Financial Nears<br>----- End of picture text -----<br>

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