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FORM OF LEGAL AGREEMENT FOR EOU/EHTP/STP/BTP

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.....__________dated __________. AND WHEREAS the unit has been permitted to import/purchase indigenously Plant and Machinery, raw materials, components, spares and consumables with or without payment of duties and / or taxes as provided in Para 6.01(d) (ii) & (iii)of FTP 2015-20, details given at ANNEXURE-I. And whereas a license has been granted to the unit by the Government, subject to the achievement of positive NFE as provided for in EOU Scheme. NOW THIS AGREEMENT WITNESSETH AS FOLLOWS: 1. The unit shall achieve positive NFE as per Para 6.04 of FTP. 2. Such performance shall be subject to annual monitoring by the Development Commissioner (DC) having jurisdiction over its activities under the guidelines issued by the Ministry of Commerce, Government of India from time to time and the unit shall be liable for penalty under the Foreign Trade (D&R) Act, 1992 as amended from time to time for failure to fulfill such obligation. For the purpose of counting NFE under the EOU scheme, exports to Nepal or Bhutan shall qualify, if payment is made in Foreign Exchange. 3. The unit shall intimate the date of commencement of the production for export within one month of such date....

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....w & order, proclamation, regulation/ordinance of the Government or the shortfall in fulfillment of NFE is within the permissible norms specified in the monitoring guidelines given at APPENDIX-6F of the EOU Scheme, the unit would be liable for penal action under the provisions of Foreign Trade (Development & Regulation )Act, 1992, as amended and the Rules & Orders made thereunder. 8. The unit shall also be subject to the conditions stipulated and required for availing exemption, if any available, from duty of Customs and Excise; Integrated Tax, GST Compensation Cess under the relevant Customs & Excise and GST Notifications. Any customs duties/Excise duties; GST taxes and compensation cess and interest payable to / leviable by the Government for failure to fulfill such conditions shall also, without prejudice to any other mode of recovery be recoverable in accordance with the provisions of Section 142 of the Customs Act, 1962/Section II of the Central Excise Act, 1944, relevant provisions under GST law and rules made thereunder and/or from any payment due to the Unit from the Government. 9. Any order issued by the Government in this regard shall be final and binding and the Uni....

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....nit : (b) IEC No. : 2. Location of the Factory & Full Address: a. Address : b. Phone No. : c. Fax No. : 3. Regd.Office a. Address : b. Phone No. c. Fax No. : d. Permanent E-Mail Address: e. Web-Site : 4. Approval No. and date : 5. Item of manufacture/service - Annual Capacity (Details of all items to be provided) a) b) 6. Green Card No. and date and the period of validity : 7. Present position in regard to setting up of the unit (Tick whichever is applicable) a. Acquisition of land : Yes No b. Erection of Building : To Start/ Started Over/Building purchased c. Electricity : Not applied Applied on Available d. Water : Not applied Applied on Available e. Telephone/Fax : Not applied Applied on Available 8. Employment: a) No. of Men Workers employed in the unit Managerial Skilled Unskilled b) No. of Women workers employed in the unit Managerial Skilled Unskilled c) TOTAL:         9. Imports during the quarter (Rupees in Lakhs) Cumulative During the Quarter   a. Value of Capital Goods imp....

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....en separately for each Letter of Permission. 2. QPRs must be submitted electronically only if the zones have provided online facilities. 3. The signature of the authorised signatory of the unit must be sent to the zone electronically.   ANNEXURE-IV FORMAT FOR ANNUAL PROGRESS REPORT FOR THE WORKING UNITS PERIOD OF REPORTING: ANNUAL (APRIL-MARCH) 1. Details of the Unit   a) Name of the Unit b) IEC. No.   2. PERIOD OF REPORTING 3 Approval No. & Date 4. Item of manufacture/service - Annual Capacity (Details of all items to be provided) a) b) 5. Factory Location/Address/Telephone No. 6. Regd.Office Address/Tel/Fax No 7. (a) Permanent E-mail Address (Compulsory)     (b) Web Site 8. Date of commencement of production Details of production figures Quantity(MT/pieces) Value(Rs. in lakhs) 9. Details of Foreign Exchange Inflow/Outflow EXPORT(INFLOW) (Rs. in Lakhs) $ in Million 10. FOB value of exports for the Year a) GCA exports b) RPA exports c) Total: 11. Goods sold in DTA in terms of Para 6.09 of Chapter 6 of the Foreign Trade Policy 2015-20 12. Cumulati....

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....of Waste/Scrap/Remnant Quantity Value d) Sale of by product     (e)Total Quantity Value 36. DTA sale on full duty Quantity Value 37. Items of manufacture/service Annual capacity (at the end of financial year) 38. Foreign/NRI/Indian investment (to be submitted annually) Foreign/NRI Indian i) Authorised capital     ii) Paid up capital     iii) Foreign Direct Investment - (I) Approved     (II) Actual Inflow during the year     (III) Cumulative balance for the year   iv) NRI capital (I) Approved     (II) Actual Inflow during the year     (III) Cumulative balance for the year     39. Employment:         a) No. of Male Workers employed in the unit Total Managerial Skilled Unskilled b) No. of Women workers employed in the unit Total Managerial Skilled Unskilled c) TOTAL: (a + b)         40. OTHER INFORMATION : a Overseas investment     Overseas investment mad....

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....ification Code   Sl. No. Service Code Description 1. 99541 Construction services of buildings 2. 99542 General construction services of civil engineering works 3. 99543 Site preparation services 4. 99544 Assembly and erection of prefabricated constructions 5. 99545 Special trade construction services like Pile driving and foundation services, Building framing & Roof Framing services, Roofing and waterproofing services, Concrete services, Structural steel erection services etc. 6. 99546 Installation services 7. 99547 Building completion and finishing services 8. 99611 Wholesale trade services provided for a fee/commission or contract basis 9. 99621 Retail trade services provided for a fee/commission or contract basis 10. 99631 Accommodation services for visitors by Hotels, INN, Guest House, Club etc., Camp site services and Recreational and vacation camp services 11. 99632 Other accommodation services for students in student residences, accommodation services provided by Hostels, Camps, Paying Guest etc. or other room or unit accommodation services n.e.c....

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....eriodicals 44. 997335 Licensing services for the right to use R&D products 45. 997336 Licensing services for the right to use trademarks and franchises 46. 997337 Licensing services for the right to use minerals including its exploration and evaluation 47. 997338 Licensing services for right to use other natural resources including telecommunication spectrum 48. 997339 Licensing services for the right to use other intellectual property products and other resources n.e.c 49. 99811 Research and experimental development services in natural sciences and engineering 50. 99812 Research and experimental development services in social sciences and humanities 51. 99813 Interdisciplinary research services 52. 99814 Research and development originals  53. 99821 Legal services 54. 99822 Accounting, auditing and bookkeeping services 55. 99823 Tax consultancy and preparation services 56. 99824 Insolvency and receivership services 57. 998311 Management consulting and management services including financial, strategic, human resources, marketing, operations and supp....

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.... manufacturing services on physical inputs (goods) owned by others 92. 99884 Petroleum, chemical and pharmaceutical product manufacturing services on physical inputs (goods) owned by others 93. 99885 Rubber, plastic and other non-metallic mineral product manufacturing service on physical inputs (goods) owned by others 94. 99886 Basic metal manufacturing services on physical inputs (goods) owned by others 95. 99887 Fabricated metal product, machinery and equipment manufacturing services on physical inputs (goods) owned by others 96. 99888 Transport equipment manufacturing services on physical inputs (goods) owned by others 97. 99889 Other manufacturing services on physical inputs (goods) owned by others 98. 99891 Publishing, printing and reproduction services 99. 99892 Moulding, pressing, stamping, extruding and similar plastic manufacturing services 100. 99893 Casting, forging, stamping and similar metal manufacturing services 101. 99894 Materials recovery (recycling) services, on a fee or contract basis 102. 99911 Administrative services of the government 103. 99912 ....

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.... ID                         Name  &  Address  of Exporter (SEZ/STPI unit)   IEC Code   GSTIN   LOA Number   LOA Date   SEZ  Name/STPI Directorate   Location & Port Code for SEZ   Date of submission   Reporting Month   Part B: Service Exports (IT & IT enabled Services) B1: Software Exports (Offsite) Sr. No. Client Name Client Address Country Contract/ Agreement No. & Date  Software Type* Invoice No. Invoice Date Currency Value of Software Exports Deduction (if any) Net Realizable Value                                                 B2: Software Exports (Onsite) Sr. No. Client Name Client Address Country Contract/ Agreement No.  & Date  Software Type* Invoice N....

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....f "yes" date on which warehousing licence issued b. if "no" date on which customs/excise approached." 2. Inserted & renumbered vide Public Notice No. 45/2015-2020, dated 30-11-2016 3. Inserted vide Public Notice No. 45/2015-2020, dated 30-11-2016 4. Substituted vide PUBLIC NOTICE No. 36/2015-2020 dated 04-09-2018 before it was read as "APPENDIX-6E FORM OF LEGAL AGREEMENT FOR EOU/EHTP/STP/BTP (Please see Paras 6.02 (a), 6.03 (a) and 6.11 (a) of HBP) An agreement made this _____________day of ___________201_____between M/s. _________________________________(indicate legal status i.e. a company or firm) an Export Oriented Unit / having its registered office at ___________________ and factory/service unit at ___________ (hereinafter referred to as "the unit" which expression shall include its successors and assigns) of the one part and the President of India acting through Development Commissioner (DC) of .................SEZ (hereinafter referred to as "Government" which expression shall include his successors in office and assigns) of the other part. Whereas the Government has communicated vide Letter No. ___________dated _________to the Unit the term....

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....y a Chartered Accountant/Cost Accountant. In case of wrong submission of such information or failure to submit such information within the stipulated time, DC may withdraw the permission granted to the unit for operation. 7. In the event of the Unit failing to fulfill the terms & conditions of Letter of Permission(LOP) / Letter of Intent (LOI) and NFE as prescribed in the EOU Scheme, except when the fulfillment of such conditions is prevented or delayed because of any law & order, proclamation, regulation/ordinance of the Government or the shortfall in fulfillment of NFE is within the permissible norms specified in the monitoring guidelines given at APPENDIX-6F of the EOU Scheme, the unit would be liable for penal action under the provisions of Foreign Trade (Development & Regulation )Act, 1992, as amended and the Rules & Orders made thereunder. 8. The unit shall also be subject to the conditions stipulated and required for availing exemption from duty of Customs and Excise under the relevant Customs & Excise Notifications and any customs duties/Excise duties and interest payable to / leviable by the Government for failure to fulfill such conditions shall also, without prejud....

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....out payment of Central Excise Duties. No. Description of material     ANNEXURE-II PERIOD OF REPORTING: (APRIL-JUNE) (JULY-SEPTEMBER) (OCTOBER-DECEMBER) (JANUARY-MARCH) QUARTERLY PROGRESS REPORT FOR THE EOU/UNITS WHICH ARE UNDER IMPLEMENTATION 1. Details of the unit                                       : (a) Name of the unit                                       : (b) IEC No.                                                          : 2. Location of the Factory & Full Address: a. Address  &n....

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....nbsp;                                : 4. Approval No. and date                              : 5. Item of manufacture/service - Annual Capacity (Details of all items to be provided) a) b) 6. Green Card No. and date and the period of validity : 7. Present position in regard to setting up of the unit (Tick whichever is applicable) a. Acquisition of land : Yes No   b. Erection of Building : To Start/ Started Over/Building purchased c. Electricity : Not applied Applied on Available           d. Water : Not applied Applied on Available e. Telephone/Fax : Not applied Applied on Available 8. Employment: a) No. of Men Workers employed in the unit Managerial Skilled Unskilled b) No. of Women workers employed in the unit Managerial Skilled....

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.... last quarter/ financial year Date of export : Name of Importer: Address : Amount (SIGNATURE) With Seal of Co. Notes : 1. The above information should be given separately for each Letter of Permission. 2. QPRs must be submitted electronically only if the zones have provided online facilities. 3. The signature of the authorised signatory of the unit must be sent to the zone electronically. ANNEXURE-IV FORMAT FOR ANNUAL PROGRESS REPORT FOR THE WORKING UNITS PERIOD OF REPORTING: ANNUAL (APRIL-MARCH) 1.            Details of the Unit a)            Name of the Unit b)            IEC. No. 2.            PERIOD OF REPORTING 3              Approval No. & Date 4.            Item of manufacture/service - Annual Capacity (Details of all items to be provided) a)            ....

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.... Column 26]     27. Other FE Outflow (Royalty/technological know-how/investment /Dividend payment/Travel/Commission etc.) during the year     TOTAL OUTFLOW [Column No. 20 + 26 +27]     28. Net foreign exchange earning Achieved     29. Opening balance of indigenous capital goods including spares during the year     30. Purchase of indigenous capital goods during the year     31. Cumulative balance of indigenous capital goods purchased during the year     32. Opening balance of indigenous RM/Consumables etc., during the year     33. Purchase of indigenous RM/Consumables etc during the year     34. Cumulative balance of indigenous RM/consumables purchased during the year     34(A) Imported RM/consumables etc. not utilized beyond five years.     DTA SALE     35. (a)Sales of goods effected in DTA if Quantity Value any Quantity Value (b)Sales of rejects in DTA if any: Quantity Value (c)Sale of Waste....