Is there any requirement that we must send payment against imported goods to our foreign supplier within a specified time? If you, can you please give me the reference?
Para B 5 of RBI Master Circular no. 13/2015-16 dated July 1, 2015 deals with the time limit for settlement of import payments. As per Para B 5.1 of that Circular, in terms of the extant regulations, remittances against imports should be completed not later than six months from the date of shipment, except in cases where amounts are withheld towards guarantee of performance, etc. AD Category-I banks may permit settlement of import dues delayed due to disputes, financial difficulties, etc. However, interest if any, on such delayed payments, usance bills or overdue interest is payable only for a period of up to three years from the date of shipment and may be permitted in terms of the directions in para C.2 of Section III below.
Are we required to pay service tax if we do wire-drawing as job-work on goods supplied by our customers?
As per note no. 10 to Section XV of the Customs Tariff, in relation to the products of this Section, the process of drawing or redrawing a rod, wire or any other similar article, into wire shall amount to ‘manufacture’. Services by way of carrying out any process amounting to manufacture or production of goods are covered under the negative list of services at 66 D (f) of the Finance Act, 1994. So, you are required to pay excise duty and not service tax.
We have been supplying goods manufactured in our Domestic Tariff Area (DTA) unit to units in Special Economic Zones (SEZ) in discharge of export obligation against advance authorisations. We have been receiving payments in rupees. Now, our authorisations are not being redeemed on the grounds that redemption will be possible only if the payment is received in foreign exchange or from the foreign currency account of a SEZ unit. Please give your opinion on whether the authorities are right.
As per Para 4.21 (iii) of the current 2015-20 Foreign Trade Policy (FTP), export to SEZ units shall be taken into account for discharge of export obligation provided payment is realised from the foreign currency of the SEZ unit. This condition will govern advance authorisation under the current Policy. Advance authorisations issued during the earlier 2009-14 FTP are governed by para 4.1.6 (a) of that FTP, which stated that exports to SEZ units/supplies to developers/co-developers, irrespective of the currency of realisation, would also be covered. Based on this provision, many DTA units have supplied their goods to SEZ units and obtained payment in rupees. In many cases, redemption of their advance authorisation is held up on the grounds that payment has not been made from the foreign currency account of the SEZ unit. That seems to be the position taken by the higher authorities. In my view, that stand is open to challenge. You can take the matter to the Courts.
Para B 5 of RBI Master Circular no. 13/2015-16 dated July 1, 2015 deals with the time limit for settlement of import payments. As per Para B 5.1 of that Circular, in terms of the extant regulations, remittances against imports should be completed not later than six months from the date of shipment, except in cases where amounts are withheld towards guarantee of performance, etc. AD Category-I banks may permit settlement of import dues delayed due to disputes, financial difficulties, etc. However, interest if any, on such delayed payments, usance bills or overdue interest is payable only for a period of up to three years from the date of shipment and may be permitted in terms of the directions in para C.2 of Section III below.
Are we required to pay service tax if we do wire-drawing as job-work on goods supplied by our customers?
As per note no. 10 to Section XV of the Customs Tariff, in relation to the products of this Section, the process of drawing or redrawing a rod, wire or any other similar article, into wire shall amount to ‘manufacture’. Services by way of carrying out any process amounting to manufacture or production of goods are covered under the negative list of services at 66 D (f) of the Finance Act, 1994. So, you are required to pay excise duty and not service tax.
We have been supplying goods manufactured in our Domestic Tariff Area (DTA) unit to units in Special Economic Zones (SEZ) in discharge of export obligation against advance authorisations. We have been receiving payments in rupees. Now, our authorisations are not being redeemed on the grounds that redemption will be possible only if the payment is received in foreign exchange or from the foreign currency account of a SEZ unit. Please give your opinion on whether the authorities are right.
As per Para 4.21 (iii) of the current 2015-20 Foreign Trade Policy (FTP), export to SEZ units shall be taken into account for discharge of export obligation provided payment is realised from the foreign currency of the SEZ unit. This condition will govern advance authorisation under the current Policy. Advance authorisations issued during the earlier 2009-14 FTP are governed by para 4.1.6 (a) of that FTP, which stated that exports to SEZ units/supplies to developers/co-developers, irrespective of the currency of realisation, would also be covered. Based on this provision, many DTA units have supplied their goods to SEZ units and obtained payment in rupees. In many cases, redemption of their advance authorisation is held up on the grounds that payment has not been made from the foreign currency account of the SEZ unit. That seems to be the position taken by the higher authorities. In my view, that stand is open to challenge. You can take the matter to the Courts.