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        Case ID :

        Concessions to Exporters

        August 12, 2013

        📋
        Contents
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        The details of amount released to each of the States//Union Territories under Assistance to States for Developing Export Infrastructure and Allied Activities (ASIDE) Scheme during last three years and the current year are enclosed as Annexure-I.

        Under the ASIDE scheme, a major portion of the fund allocation is provided to all the States / UTs on the basis of a formula of last 4 years’ export plus the population of the State. Funds are not released project-wise to State and it is left to the State Level Export Promotion Committee (SLEPC) Chaired by the Chief Secretary of the State to scrutinise and approve export linked projects out of this allocation given by Department of Commerce. A small proportion of the fund is earmarked for Central Government agencies undertaking export infrastructure projects in the States / UTs. A couple of proposals, complete in all respects with land documentation and duly vetted Detailed Projects Reports, are pending for consideration by the Department of Commerce subject to availability of funds (Annexure-II).

        The incentives provided under the EOU Scheme include duty free sourcing of inputs including capital goods, procurement of goods from DTA without payment of Central Excise Duty, reimbursement of Central Sales Tax, DTA sale (including advance DTA Sale) upto 50% of F.O.B. value of physical exports permitted on payment of concessional rate of duty. The income of EOUs was exempted from payment of Income Tax upto 31.3.2011. The State-wise break up of number of functional EOUs, as on 31.3.2011 are enclosed as Annexure-III.

        The Units are required to achieve positive Net Foreign Exchange (NFE) during a five years period and those Units who do not achieve the positive NFE have to pay/refund the tax benefits availed by them in addition to penal action which may be taken against them Government has taken steps to review the functioning of EOUs and ensuring that the export targets are achieved. These include joint monitoring of the performance of the EOUs by the Ministry of Commerce (represented by the Development Commissioner) and the Ministry of Finance (represented by the Commissioner, Central Excise, Customs & Service Tax). There is statutory framework to monitor and prevent misuse of the EOU scheme through legal provisions made under the provisions of Foreign Trade (Development & Regulation) Act 1992, Customs Act 1962, Central Excise Act 1944 and Rules made thereunder. In the event of any EOU found violating any norm such as non/short fulfillment of export obligation, excess and inadmissible imports irregular and unauthorized DTA sales, excess reimbursement of CST, drawback on DTA sales, non-realization of export proceeds, irregular de-bonding, non receipt of re-warehousing certificates, etc. duty exemptions are withdrawn and necessary recoveries are made after following due process of law in addition to imposition of penalties etc. as per provisions of Foreign Trade (Development & Regulation) Act, 1992, Customs Act 1962, Central Excise Act 1944 and Rules made there under.

        Annexure-I referred to in reply to Lok Sabha Provisional Starred Question No. 1002 for 12.08.2013

        State Component                                                                            (Rs. in crores)

        S.No.

        Name of the Stats/UT

        Released 2010-11

        Released 2011-12

        Released 2012-13

        Released 2013-14

        1

        Andaman & Nocobar

        0.00

        0.00

        0.00

        0.00

        2

        Andhra Pradesh

        31.21475

        40.82

        36.44

        19.545

        3

        Bihar

        0.00

        0.00

        3.915

        0.00

        4

        Chandigarh

        0.00

        0.00

        0.00

        0.00

        5

        Chhattisgarh

        5.22

        6.66

        5.84

        0.00

        6

        Dadar & Nagar Haveli

        0.00

        0.00

        0.00

        0.00

        7

        Daman & Diu

        2.42

        0.00

        0.00

        0.00

        8

        Delhi

        0.00

        0.00

        0.00

        0.00

        9

        Goa

        5.41

        7.13

        6.12

        2.535

        10

        Gujarat

        59.57

        55.28

        64.00

        32.00

        11

        Haryana

        34.68

        20.85

        21.10

        10.63

        12

        Himachal Pradesh

        5.70

        5.10

        5.27

        1.095

        13

        Jammu & Kashmir

        5.51

        0.00

        0.00

        0.00

        14

        Jharkhand

        0

        0.00

        3.145

        0.00

        15

        Karnataka

        70.34475

        52.39

        45.77

        19.28

        16

        Kerala

        9.26

        18.52

        16.62

        10.47

        17

        Lakshadweep

        1.02

        0.00

        0.00

        0.00

        18

        Madhya Pradesh

        14.06

        22.16

        19.40

        8.505

        19

        Maharashtra

        81.22

        68.00

        64.00

        32.00

        20

        Orissa

        14.14

        17.90

        18.00

        7.30

        21

        Pondichery

         0.00

        0.00

        0.00

        0.00

        22

        Punjab

        12.73

        16.26

        14.28

        7.10

        23

        Rajasthan

        29.3907

        24.42

        21.58

        10.70

        24

        Tamil Nadu

        49.10

        67.27

        59.77

        30.33

        25

        Uttar Pradesh

        20.99

        34.13

        18.95

        0.00

        26

        Uttranachal

        5.51

        6.02

        2.54

        0.00

        27

        West Bengal

        29.89475

        35.91

        31.530

        14.195

         

        Total

        487.38225

        498.82

        458.27

        205.685

        North East Region

         

         

         

         

        1

        Arunanchal Pradesh

        1.38

        0.00

        0.00

        0.00

        2

        Assam

        13.83

        27.66

        29.41

        24.42

        3

        Manipur

        2.27

        4.54

        4.56

        2.00

        4

        Meghalaya

        9.17

        9.44

        11.61

        2.75

        5

        Mizoram

        3.56

        3.50

        4.30

        0.00

        6

        Nagaland

        2.20

        3.63

        3.63

        1.815

        7

        Sikkim

        2.20

        2.69

        2.70

        0.70

        8

        Tripura

        8.01

        10.04

        10.25

        2.54

         

        Total

        42.62

        61.50

        66.46

        34.225

         

        Grand Total

        530.00

        560.32

        524.73

        239.91

        Central Component

        S.No.

        Name of the Stats/UT

        Released 2010-11

        Released 2011-12

        Released 2012-13

        Released 2013-14

        1.

        Manipur

        19.54

         

         

         

        2.

        Meghalaya

        0.79

         

        4.50

        4.56

        3.

        Tripura

         

         

        5.10

         

        4.

        West Bengal

        2.71

         

         

         

        5.

        Gujarat

         

         

         

        8.50

        6.

        Himachal Pradesh

         

         

         

        6.50

        7.

        Madhya Pradesh

        1.50

        2.50

         

         

        8.

        Punjab

         

         

         

        5.00

        9.

        Sikkim

        3.95

        1.96

        9.06

         

        Annexure-II

        Central Component

        Sl.No.

        State

        Name of the Project

        Assistance sought under ASIDE

        Reasons for pendency

        1.            

        Tamil Nadu (Chennai Port Trust)

        (a)   Construction of EXIM godown in

        CPT

         

        (b) Procurement of 15,25 and 30T   capacity   diesel fork lift trucks in CPT

        14.50

         

         

        14.35

        To be considered by the Empowered Committee after Additional Secretary, DoC to visits Chennai Port and makes a report   based on need of exporters and financial strengths of CPT.

        (Rs. in crores)

        Annexure-III

        The State-wise break up of number of functional EOUs, as on 31.3.2011 is as under:-

        States / UTs

        Units

        States / UTs

        Units

        Andhra Pradesh

        258

        Tamil Nadu

        427

        Chhattisgarh

        1

        Pondicherry

        26

        West Bengal

        63

        A&N Island

        4

        Bihar

        1

        Maharashtra

        395

        Jharkhand

        2

        Goa, Daman & Diu

        61

        Orissa

        20

        Dadra & Nagar Haveli

        23

        Assam

        -

        Delhi

        48

        Tripura

        -

        Haryana

        95

        Mizoram

        -

        Uttar Pradesh

        92

        Manipur

        -

        Punjab

        21

        Meghalaya

        1

        Rajasthan

        73

        Nagaland

        -

        Himachal Pradesh

        5

        Arunachal Pradesh

        -

        Jammu & Kashmir

        3

        Sikkim

        -

        Chandigarh

        3

        Gujarat

        266

        Uttarakhand

        3

        Kerala

        77

        Madhya Pradesh

        15

        Karnataka

        463

        Total

        2446

         The information was given by the Minister of State in the Ministry of Commerce and Industry Dr. D. Purandeswari in Lok Sabha today.

        Export infrastructure funding formula allocates ASIDE funds to states and requires state committees to approve export projects. Allocation under the ASIDE Scheme is formula based on four years' exports and population, with bulk funds released to States/UTs and project vetting/approval delegated to the State Level Export Promotion Committee; a central component funds select Central agency projects. EOUs obtain fiscal incentives but must meet a five year positive Net Foreign Exchange obligation, failing which tax benefits are recoverable and penalties may be imposed. Statutory monitoring under trade, customs and excise laws permits withdrawal of duty exemptions, recoveries and enforcement for non compliance; annexures provide state wise disbursements, pending central projects, and EOU counts.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Export infrastructure funding formula allocates ASIDE funds to states and requires state committees to approve export projects.

                              Allocation under the ASIDE Scheme is formula based on four years' exports and population, with bulk funds released to States/UTs and project vetting/approval delegated to the State Level Export Promotion Committee; a central component funds select Central agency projects. EOUs obtain fiscal incentives but must meet a five year positive Net Foreign Exchange obligation, failing which tax benefits are recoverable and penalties may be imposed. Statutory monitoring under trade, customs and excise laws permits withdrawal of duty exemptions, recoveries and enforcement for non compliance; annexures provide state wise disbursements, pending central projects, and EOU counts.





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