Export of group company - fulfillment of Average Export Export Obligation

[PRAVIN BHANDARI]

We are mfg. Exporter and issued Certain EPCG Licence by D.G.F.T., endorsed with Average Export Obligation of Rs. 129 crore per year. We would like to draw your attention towards Custom Notification No. 64/2008. The extract of said notificatin is as under: 'Provided further that in respect of Group Company as defined in paragraph 9.28 of the Foreign Trade policy where license has been issued to any one of such Group Company, the export obligation may also be fulfilled by export of manufactured goods by any other company(s) belonging to such Group Company' It is clear that specific export obligation of EPCG licence (i.e. 8 times of duty saved amount) can be fulfilled by Group Company. Let us know, whether the Export of Group company can be count in fulfillment of Average Export Export Obligation.

[Guest]

Refer para 5.5 of the Chapter 5 of the FTP 'EXPORT PROMOTION CAPITAL GOODS (EPCG) SCHEME'

[Rama Krishana]

Please check your query again. The paragraph you mentioned is from notification no. 97/2004 (before amendment) and not from 64/2008. Anyway, the intention of the notification is not to allow the export by other group companies to be counted as export obligation of the group company in question. The group company in question is allowed to export the goods manufactured by the group companies to achieve the export obligation. Moreover such other group company must have the EPCG authorization as per the new FTP.

AI Summary

Group company exports may satisfy EPCG average export obligation when compliant with FTP provisions and scheme conditions. The EPCG scheme permits fulfilment of an Average Export Obligation through exports by companies within the group, governed by para 5.5 of Chapter 5 of the Foreign Trade Policy and by the applicable notification; other group companies' participation is subject to the FTP conditions and, under the updated framework, may require their own EPCG authorization or compliance with scheme provisions.