Import under EPCG licence

[Narendra Soni]

Dear Experts,

We have placed an order to import machinery to 'X', which was cleared under EPCG licence. All shipping documents like invoice/BL/Bill of entry have been prepared in the name of supplier as 'X' and it has customs cleared and installed in factory.

At the time of physical verification by central excise authority for issuing installation certificate, it is found that Name of 'Y' company was mentioned on machinery instead of 'X'. No any model number was mentioned as mentioned in shipping documents and EPCG licence.

We have taken the matter with 'X', as per him 'X' is the representative of 'Y' and selling goods manufactured by 'Y'. However this fact is not mentioned in any shipping documents.

Now the excise authority is denied to give positive installation certificate.

Kindly suggest, Is the transaction is not valid for import under EPCG licence.

[Suryanarayana Sathineni]

In that situation, though the name of the manufacturer is different from the name shown in the documents ( purchase Order and proforma invoice) to DGFT along with the application, you can now submit a letter from X confirming that his principals are Y and he is agent of Y and submit the same to CEX and DGFT based on which , they will issue the installation certificate since there is no change in the description of the equipment mentioned in the EPCG Authorization where the name of the supplier generally not mentioned in the licence and hence, CEX have generally no reason to raise such objection once the details of equipment and other details like model No. make etc are matching.

Best Regards

Suryanarayana

[Guest]

Agreed with Shri Surya Narayana ji,

The nexus has to be established between capital goods ( machinery etc. ) applied under EPCG scheme and actually imported and installed by the importer. No way excise authority should raise query about the source of the machinery. Rather they should check the nexus and not the source. Ask excise officer the CBEC Notification / circular / Public Notice etc. in support of their refusal of issuance of installation certificate.

AI Summary

EPCG import compliance: agency confirmation and equipment-description nexus can support issuance of installation certificate by customs. The core issue is whether EPCG authorization is affected when the manufacturer's name on imported machinery differs from the supplier named in documents. The operative position is that the authority must verify nexus between the capital goods described in the EPCG authorization and the goods imported; supplier name alone does not defeat compliance if description, model and make match. Submission of a letter confirming agency/representation and matching technical particulars should enable issuance of the installation certificate.