Thursday, July 31, 2008

COSTING OF WINDMILL STEEL TOWER

C O S T I N G O F W I N D M I L L S T E E L T O WE R
Procedure
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Costing for manufacturing process of Windmill Tower of Steel contains following Steps and procedures: -
Direct Raw Material Consumed.
Apportionment of Other Costs: -
a. Power and Fuel
b. Labour Cost- Contractor and Departmental
c. Other Processing Charges: - e.g. Galvanizing, Machining, Radiography, Fabrication of internals etc.
d. Overheads: - Indirect Expenses attributable to manufacturing of Tower like shop overheads, repair and maintenance cost, depreciation, finance charges, administrative overheads, etc.

Consumption of Raw Material – Calculation of Costing.
Following Raw Materials are used to manufacture Windmill Steel Tower: -
Steel: - Main Raw Material- about 65% of total cost.
Bought out and Subcontract items.
Fasteners
Paint and
Consumables: - Electrodes, SAW Wire and Flex, Grinding Wheel, Gases, Chemicals etc.
Steel Plates of different sizes, length and thickness are used based on use, specification and drawing.
In fact about, 5 % of total issued Steel becomes Scrap and 2 % of total Steel issued faces Burning Loss during cutting process.
Basis of valuation: - Cost is assessed on Weighted Average Costing method.
While scrap is returned back to Stores, which is disposed off in due course.
Cost of other raw materials and consumables are valued on actual cost basis and Weighted Average Method used.

Other Processing Charges
Other Processing Charges includes, galvanizing, radiography, machining of stub shell and fabrication of internals.
Above jobs are mostly done by outside parties and are treated on actual cost basis. To some extent machining of stub shell, radiography test and fabrication of internals are done at the shop floor itself and respective costs are included in raw material costs, labour cost, power charges and overhead costs.

Apportionment of Other Costs: -
Power and Fuel: - Best method of apportionment of electricity is on the basis of HP of machinery used for production of tower.
At present energy meters are not attached with the machinery and also it is very expensive to install separate energy meter with each machine.
Cost of electricity is apportioned on the basis of actual tonnage of production during the month and actual bill of electricity.
Consumption of power and fuel for each tower is calculated on finished weight of tower.
Shop Overheads: - Shop Overhead includes consumption of materials, which cannot be directly related, with the production of particular tower.
Quantum of such overheads is to be assessed per annum and some percentage may be fixed on the basis of production for the month.
It is possible to calculate actual shop overhead per month and this can be apportioned to production during the month, but percentage is better option.
Fixed overhead: - Fixed overhead includes administrative charges, repair and maintenance costs, salary and wages of staff and other departmental workers etc.
Quantum of these costs may be assessed annually and a percentage based on monthly production should be ascertained.
Depreciation should be calculated annually and it should be allocated on the basis of monthly production.
Estimated financial charges based on working capital requirement for the year and planned capital expenses should be allocated on the basis of percentage of production for the month.
At present above costs are allocated to the particular job on the basis of percentage of manufacturing cost of each unit.

Direct Labour (Contractor and Departmental) is allocated on per month production basis.

Valuation of Semi Finished Stock: - Tower Number wise cost sheet to the extent of completion of work should be prepared and it should be carried forward till the completion of Tower.
Once the tower is completed and dispatched cost of particular tower should be removed from semi-finished stock.

Costing Profit and Loss Account: - Monthly-Costing Profit and Loss Account are to be prepared and it is to be reconciled with Monthly Financial Profit and Loss Account. For preparation of costing profit and loss account consolidated cost sheet is required.

Other Reports: - In addition to cost of each tower under mentioned reports are also to be generated from the costing system: -
Machining cost of each unit of in house machining is done.
Idle time of each machine installed with reason.
Idle time cost to reduce the idle time.
System for comparison of actual consumption with norms for the purpose of cost control.
Cost center wise expenditure.
Contractor wise expenditure.

Costing system must be linked to our existing system (MAARSMAN) and data for generating above reports should be extracted from existing system to avoid repetition of work.

Dated: - 08-12-2007.C O S T I N G O F W I N D M I L L S T E E L T O WE R

New Rule 8D of Income Tax

Note on New Rule 8D issued by CBDT vide Notification No. 45/2008 dated 24-03-2008 which prescribes the method for determining amount of expenditure in relation to income not includible in total income. The said circular can be analyzed in brief as follows:
· Rule 8D(1) provides that where the A.O. is not satisfied with regard to the correctness of the claim of expenditure by the assessee or with regard to the claim that no expenditure has been incurred in relation to income which does not form part of the total income under the Act, he shall determine the amount of expenditure in relation to such income in accordance with sub-rule (2).

· Sub-rule (2) provides an artificial formula as the aggregate of the following :-
(i) Amount of expenditure directly relating to income which does not form part of total income.
(ii) Where the assessee has incurred interest expenditure which is not directly attributable to any particular income, in the ratio of average investment on the first day & last day of the previous year income from which does not or shall not form part of total income to the average of total assets as appearing on the first day & last day of the previous year.
(iii) 0.5% of the average value of investment on the 1st day & last day of previous year.

After detailed study, the following conclusions may arise on the above rule:-



Query
Reply
From which assessment year is the above rule applicable

From A.Y. 2007-08
Can it be applied prior to A.Y. 2007-08 in pending appeals/ assessment done for earlier years

Department may apply but as per the strict interpretation it has no applicability prior to A.Y. 2007-08 since it is a procedural amendment
Whether the above Rule is applicable in all cases
A.O. can go to the above Rule only if on the basis of the accounts he is not satisfied with the correctness of the claim of the assessee. Hence, it is suggested that at least some disallowance may be offered by the assessee in its return of income, which compels the A.O. to prove that the said amount offered is not correct and give reasons for the said belief.

Is the Rule applicable for Charitable Institution or in computing Book Profit u/s 115JB
No. Since Section 14A has been specified in relation to Chapter-IV of the Act the said rule is not applicable in computing Total Income under Chapter-III or in computing Book Profit u/s 115JB, which falls under Chapter-XII-B.

Will the investment shown as Stock in trade needs to be included in computing above disallowance
The department shall consider such stock in trade as investment only and consider the same for disallowance. The matter needs to be adjudicated before appeal forum.

Whether current liability needs to be reduced in computing Total Assets
No. Since in the Horizontal Balance Sheet, total assets are shown separately and current liability is shown on the liability side. Hence, the same is not required to be reduced in computing Total assets.

Whether all the assets i.e. intangible, deferred revenue expenditure not written off etc. needs to be included in total assets

Yes. Since there is no specific mention of their non-exclusion.
What are the other clarifications required from CBDT with regard to above Rule & why
· According to the above Rule, there is no limit on disallowance. Even if no exempted income has been earned during the year, there still can be disallowance on the basis of above rule.
· The meaning of the word “shall not” used in the rule on the basis of which the A.O. may consider those investment from which income has actually not been received but which may have generated exempted income.

Rate of Depreciation- The Companies Act


RATES OF DEPRECIATION UNDER COMPANIES ACT
SCHEDULE XIV
[See sections 250 and 350]

RATES OF DEPRECIATION
__________________________________________________________________________
Single Shift Double Shift Triple Shift Nature of Assets ------------ ------------ ------------
WDV SLM WDV SLM WDV SLM
___________________________________________________________________________

I BUILDINGS
(a) Buildings(Other than 5.00 1.63
factory Buildings) [NSED]
(b) FACTORY BUILDINGS 10.00 3.34
(c) Purely Temporary Erections 100 100
such as wooden structures.

II PLANT AND MACHINERY
(i) General rate applicable to
(a) plant & machinery (not 13.91 4.75 20.87 7.42 27.82 10.34
being a ship) other than
continuous process plant
for which no special rate
has been prescribed under
(ii) below
(b) continuous process plant, 15.33 5.28
2[***] for which no special
rate has been prescribed
under (ii) below [NSED]

(ii)Special Rate
A. 1. Cinematography films- 20.00 7.07
Machinery Used in the
production and Exhibition
of cinematography Films[NSED]
a. Recording equipment,
reproducing Equipment,
developing machines Printing
machines, editing Machines,
synchronisers and Studio
lights excepts bulb
b. Projecting equipment of
Film exhibiting concerns
2 Cycles [NSED] 20.00 7.07
3 Electrical machinery, X-ray 20.00 7.07
and electro-therapeutic
apparatus and accessories
thereto medical, diagnostic
equipment, namely cat-scan,
ultrasound machines, ECG
monitors, etc.[NSED]
4 Juice boiling pans (karhais) 20.00 7.07
[NSED]
5 Motor-cars, motor-cycles, 25.89 9.5
scooters & other mopeds[NSED]
6 Electrically operated 20.00 7.07
vehicles including battery
powered vehicles [NSED]
7 Sugarcane crushers(indigen- 20.00 7.07
Ous kolhus & beans) [NSED]
8 Glass manufacturing concerns 20.00 7.07 30.00 11.31 40.00 16.21
except direct fire glass
melting furnaces-
Recuperative and regenerative
glass melting furnaces
9 Machinery used in the 15.62 5.38 23.42 8.46 31.23 11.87
manufacture of electronic
goods and components

B.1 [Aeroplanes, aero engines, 16.2 5.6
simulators, Visual System
and quick engine change
Equipment [NSED]
2 Concrete pipes manufacture- 30.00 11.31
Moulds [NSED]
3 Drum containers manufacture- 30.00 11.31
Moulds [NSED]
4 Earth-moving machinery 30.00 11.31
employed in heavy construction
works, such as dams, tunnels,
canals, etc. [NSED]
5 Glass manufacturing concerns 30.00 11.31
except direct fire glass
melting furnaces-Moulds 30.00 11.31
[NSED]
6 Moulds in iron foundries 30.00 11.31
[NSED]
7 Mineral oil concerns-Field 30.00 11.31
operations(above ground)-
Portable boilers, drilling
tools, well-head tanks,
rigs, etc.[NSED]
8 Mines and quarries-Portable 30.00 11.31
underground machinery and
earth-moving machinery used
in open caste mining[NSED]
9 Motor buses and motor 30.00 11.31
lorries other than those
used in a business of
running them on hire[NSED]
9A Motor tractors, harvesting 30.00 11.31
combines[NSED]
10 Patterns, dies and 30.00 11.31
templates[NSED]
11 Ropeway structures-Ropeways, 30.00 11.31
ropes and trestle sheaves
and connected parts[NSED]
12 Shoe and other leather goods 30.00 11.31 45.00 18.96 60.00 29.05
fabrics-Wooden lasts used in
the manufacture of shoes

C. 1. [** ** **] 40.00 16.21
2. Motor buses, motor lorries 40.00 16.21
and motor taxis used in
a business of running
them on hire [NESD]
3. Rubber and plastic goods 40.00 16.21
factories-Moulds[NESD]
4. Data processing machines
including computers[NESD]
5. Gas cylinders including 40.00 16.21
valves and regulators[NESD]

D. 1.Artificial silk 100 100
manufacturing machinery
with Wooden parts
2. Cinematograph films-Bulbs 100 100
of studio lights
3. Flour mills-Rollers 100 100
4. Glass manufacturing 100 100
concerns-Direct fire glass
Melting Furnaces
4A. Flot Glass Melting Furnaces 27.00 10.00
(NESD)
5. Iron and Steel industries- 100 100
Rolling mill rolls
6. Match factories-Wooden 100 100
match frames
7. Mineral oil concerns- (a) 100 100
Plant used in field operations
(below ground)-Distribution
returnable packages; (b)Plant
used in field operations
(below ground)but not including
assets used in field operation
distribution) Kerbsides pumps
including underground tanks
& fittings
8. Mines And Querries 100 100
9. a. Tubs, winding ropes, 100 100
haulage ropes and sand
Stowing pipes
b Safety Lamps
10. Salt works-Salt pans, 100 100
reservoirs and condensers
Etc. made of earthy, sandy
or clay material or Any
other similar material
11. Sugar works-Rollers 100 100

III FURNITURE AND FITTINGS
1 General Rates [NESD] 18.1 6.33
2 Rate for furniture & fittings
used in hotels, restaurants
and boarding houses; schools,
colleges and other educational
institutions, libraries; welfare
centers meeting halls, cinema
houses, theatres and circuses;
and for furniture and fittings
let out on hire for use on
occasion of marriages and
similar functions [NESD] 25.88 9.5


IV SHIPS
1. Ocean-going ships 27.05 10.00
i) Fishing vessels with
wooden hull [NESD]
ii) Dredgers, tugs, barges, 19.8 7.00
survey launches and Other
similar ships used mainly
for dredging Purposes [NESD]
iii)Other ships [NESD] 14.6 5.00
2. Vessels ordinarily operating
on inland waters-
i) Speed boats [NSED] 20.00 7.07
ii) Other vessels [NESD] 10.00 3.34

___________________________________________________________________________

NOTES
1. “Buildings” include roads, bridges, culverts,wells and tube-wells
2. “Factory buildings” does not include offices, godowns, officers’ and
employees’ quarters, roads, bridges, culverts.
3. “Speed boat” means a motor boat driven by a high speed internal combustion engine capable of propelling the boat at a speed exceeding 24 Kilo meters per hour in still water and so designed that when running at a speed it will plane, i.e., its bow will rise from the water.
4. Where, during any financial year, any addition has been made to any asset, or where any asset has been sold, discarded, demolished or destroyed, the depreciation on such assets shall be calculated on a pro rata basis from the date of such addition or, as the case may be, up to the date on which such assets has been sold, discarded, demolished or destroyed.
5. The following information should also be disclosed in the accounts:-
i. depreciation method used; and
ii. depreciation rates or the useful lives of the assets, if they are different from the principal rates specified in the Schedule.
6. The calculations of the extra depreciation for double shift working and for triple shift working shall be made separately in the proportion while the number of days for which the concerned worked double shift or triple shift, number of working days during the year shall be deemed to be-
(a) in the case of a seasonal factory or concern, the number of days on which the factory or concern actually worked during the year or 180 days, whichever is greater;
(b) in any other case, the number of days on which the factory or concern actually worked during the year or 240 days, whichever is greater.

The extra shift depreciation shall not be charged in respect of any item of machinery or plant which has been specifically, excepted by the inscription of the letters “NESD” (meaning “no extra shift depreciation”) against it an sub-items above and also in respect of the following items of machinery and plant to which general rate of depreciation of 7[13.91] per cent applies-

1. Accounting machines.
2. Air-conditioning machinery including room air-conditioners.
3. Building contractor’s machinery.
4. Calculating machines.
5. Electrical machinery-switchgear and instruments, transformers and other stationary plant and wiring and fitting of electric light and fans installation.
6. Hydraulic works pipelines and sluices.
7. Locomotives, rolling stocks, tramways and railways used by concerns.
8. Mineral oil concerns- field operations:
(a) 8[***]
(b) Prime movers
(c) 8[***]
(d) Storage tanks (above ground)
(e) Pipelines (above ground)
(f) Jetties & dry docks
9. Mineral oil concerns-field operations (distribution)-kerbside pumps, including underground tanks and fittings.
10. Mineral oil concerns-refineries:
a) 9[***]
b) Prime Movers
c) 9[***]
d) LPG Plant
11. Mines and querries:
a) Surface and underground machinery (other than electrical machinery and portable underground machinery)
b) Head-gears
c) 9[***]
d) Shafts and inclines
e) Tramway on surface
11. Neo post franking machine
12. Office machinery
13. Overhead cables and wires.
14. Railway sidings.
15. Refrigeration plant container, etc (other than racks).
16. Ropeway structure:
a) Trestle and station steel work.
b) Driving and tention gearing.
17. Salt works-Reservoirs, condensers, salt pans, delivery channels and piers if constructed of masonry, concrete, cement, asphalt or similar materials; barges and floating plant; piers, quays and jetties; and pipelines for conveying brine if constructed of masonry, concrete cement, asphalt or similar materials.
18. Surgical instruments.
19. Tramways electric and Tramways run by internal combustion engines-permanent ways: cars-car trucks, car bodies, electrical equipment and motors; tram cars including engines and gears.
20. Typewriters.
21. Weighing machines
22. Wireless apparatus and gear, wireless appliances and accessories.
23. [***]

7. Continuous process plant means a plant which is required and designed to operate
24 hours a day.
8. Notwithstanding anything mentioned in this Schedule, depreciation on assets, whose actual cost does not exceed five thousand rupees, shall be provided at the rate of hundred percent:

Provided that where the aggregate actual cost of individual items of plant and machinery costing Rs. 5,000 less constitutes more than 10 per cent of the total actual cost of plant and machinery, rates of depreciation applicable to such items shall be the rates as specified in Item II of the schedule.

AS-15 Employee Benefits - Guidance Note


ASB Guidance on Implementing
AS 15, Employee Benefits (revised 2005)
This Guidance on Implementing Accounting Standard (AS) 15, Employee Benefits (revised 2005), issued by the Accounting Standards Board of the Institute of Chartered Accountants of India, does not form part of the Standard. The purpose of this Guidance is to illustrate and to assist in clarifying the application of the Standard.
1. What are the kinds of employees covered in the revised AS 15 and whether a formal employer-employee relationship is necessary or not, for benefits to be covered under the Standard?
The Standard does not define the term “employee”. Paragraph 6 of the Standard states that ‘an employee may provide services to an enterprise on a full-time, parttime, permanent, casual or temporary basis and the term would also include the whole-time directors and other management personnel. The Standard is applicable to all forms of employer-employee relationships. There is no requirement for a formal employer-employee relationship. Several factors need to be considered to determine the nature of relationship.
Generally ‘outsourcing contracts’ may not meet the definition of employer employee relationship. However, such contracts need to be carefully examined to distinguish between a “contract of service” and a “contract for services”. A ‘contract for services’ implies a contract for rendering services, e.g., professional or technical services which is subject to limited direction and control whereas a ‘contract of service’ implies a relationship of an employer and employee and the person is obliged to obey orders in the work to be performed and as to its mode and manner of performance.
2. Whether an enterprise is required to provide for employee benefits arising from informal practices.
Paragraph 3(c) of the Standard defines employee benefits to include those informal practices that give rise to an obligation where the enterprise has no realistic alternative but to pay employee benefits. The historical pattern of granting such benefits, the expectation created and the impact on the relationship with employees in the event such benefit is withdrawn should be considered in determining whether the informal practice gives rise to a benefit covered by the Standard. For example, where an employer has a practice of making a lumpsum payment on the occasion of a festival or regularly grants advances against informal benefits to employees it would be necessary to provide for such benefits.
Careful judgement should be applied in assessing whether an obligation has arisen particularly in instances where an enterprise's practice is to provide improvements only during the collective bargaining process and not during any informal process.
If the employer has not set a pattern of benefits that can be projected reliably to give rise to an obligation there is no requirement to provide for the benefits.
However, if the practice established by an employer was that of a consistent benefit granted either as part of union negotiations or otherwise that clearly established a pattern (e.g., a cost of living adjustment or fixed rupee increase), it could be concluded that an obligation exists and that those additional benefits should be included in the measurement of the benefit obligation.
3. Whether an entitlement to earned leave which can be carried forward to future periods is a short-term employee benefit or a long-term employee benefit.
Paragraph 7.2 of the Standard defines ‘Short-term’ benefits as employee benefits (other than termination benefits) which fall due wholly within twelve months after the end of the period in which the employees render the related service.
Paragraph 8(b) of the Standard illustrates the term ‘Short-term benefits’ to include “short term compensated absences (such as paid annual leave) where the absences are expected to occur within twelve months after the end of the period in which the employees render the related employee service”. Paragraph 7.2 of the Standard uses “falls due” as the basis, paragraph 8(b) of the Standard uses “expected to occur” as the basis to illustrate classification of short term compensated absences. A reading of paragraph 8(b) together with paragraph 7.2 would imply that the classification of short-term compensated absences should be only when absences have “fallen due” and are also “expected to occur”. In other words, where employees are entitled to earned leave which can be carried forward to future periods the benefit would be a ‘short-term benefit’ provided the employee is entitled to either encash/utilise the benefit during the twelve months after the end of the period when he became entitled to the leave and is also expected to do so. Where there are restrictions on encashment/availment, clearly the compensated absence has not fallen due and the benefit of compensated absences is more likely to be a long term benefit. For example, where an employee has 100 days of earned leave which he is entitled to an unlimited carry forward but the rules of the enterprise allow him to encash/utilise only 30 days during the next twelve months, the benefit would be considered as a ‘long-term’ benefit. In some situations where there is no restriction but the absence is not expected to wholly occur in the next twelve months, the benefit should be considered as ‘long-term’. For example, where an employee has 400 days carry
forward earned leave and the past pattern indicates that the employees are
unlikely to avail/encash the entire carry forward during the next twelve months,
the benefit would not be ‘short term’. Whilst it is necessary to consider the
earned leave which “falls due”, the pattern of actual utilisation/encashment by
employees, although reflective of the behavioural pattern of employees, does
determine the status of the benefit, i.e., whether ‘short term’ or ‘long term’. The
value of short-term benefits should be determined without discounting and if the
benefit is determined as long term, it would be recognised and measured as
“Other long term benefits” in accordance with paragraph 129 of the Standard.
The categorisation in ‘short-term’ or ‘long-term’ employee benefits should be
done on the basis of the overall behavioural pattern of all the employees of the
enterprise and not on individual basis.
4. What is an appropriate measure of cost of compensated absences which can be
carried forward for their availment and/or encashment in future period(s)?
The cost of compensated absences should be measured as the additional amount
the enterprise expects to pay as a result of the unused entitlement. When an
employee avails the leave at a future date the cost of such leave would be the
compensation and other benefits which the employee would be paid for the period
of his absence. In some enterprises the amount payable to an employee on
encashment would not be the same as the compensation and other benefits the
employee would be paid in case the leave is availed. For instance, an enterprise
could have a practice of paying only basic wage when leave is encashed whereas
the employee would be entitled to basic wage, allowances and other benefits
when the leave is availed. Such situations would require estimation of the
additional amount the enterprise expects to pay. This may involve considering
the pattern of relative proportion of encashment and availment in order to
estimate the likely amounts payable in the future periods. For example, where the
past pattern indicates that 97% of leave is encashed and only 3% is availed, it
would be necessary to consider the relative proportion and the amounts payable in
each condition while estimating the additional amount the enterprise expects to
pay in future. The additional amount the enterprise expects to pay would also
include payments as a consequence of the settlement of the benefit even though
such payments are not directly to the employee. For instance, in cases where
leave is encashable, the cost of compensated absences would include the
applicable employer’s contribution to provident fund. This is because it is a
directly related inherent cost of receiving services from employees and as a result
of the consideration paid in order to be able to receive the services.
5. What would happen in a case where the rules of an enterprise allow sick leave
to be carried forward up to the time of retirement?
Sick leave is one of the types of compensated absences. Sick leave is conditional
on the future event of an employee reporting sick. An obligation arises as the
employee renders service which increases the employee’s entitlement (conditional
or unconditional) to future compensated absences. Accumulating paid sick leave
creates an obligation because any unused entitlement increases the employee’s
entitlement to sick leave in future periods. The probability that the employee will
be sick in those future periods affects the measurement of that obligation, but does
not determine whether that obligation exists. The example illustrating paragraphs
14 and 15 contained in AS 15 is merely to illustrate the individual LIFO
approach as the appropriate approach instead of the group LIFO approach or the
FIFO approach. Where the rules of an enterprise allow such leave to be carried
forward up to the time of retirement, a liability should be recorded for the cost of
the entitlement which should be estimated having regard to the probability of the
employee availing the sick leave in future periods. In case the rules of the
enterprise permit encashment of accumulated unutilised sick leave the liability
should be recorded in the manner explained in response to question 4 above.
6. In case an enterprise allows unutilised employee benefits, e.g., medical care,
leave travel, etc., to be carried forward, whether it is required to recognise a
provision in respect of carried forward benefits.
A provision should be recognised for all benefits (conditional or unconditional)
which an employee becomes entitled to as a result of rendering of the service and
should be recorded as part of the cost of service rendered during the period in
which the service was rendered which resulted the entitlement. In estimating the
cost of such benefit the probability of the employee availing such benefit should
be considered.
7. How are short-term employee benefits determined for interim reporting periods,
i.e., whether employee benefits payable within twelve months from the end of
the interim reporting period are considered to be short-term or employee
benefits payable within twelve months from the end of the financial year are
considered to be short-term?
The principles for recognising assets, liabilities, income and expenses for interim
periods are the same as in annual financial statements. However, the frequency of
reporting should not affect the measurement of annual results. Therefore, shortterm
employee benefits in the interim periods should be reckoned as benefits
payable within twelve months from the end of the financial year.
8. Whether concessional loan provided by an enterprise to its employees is an
employee benefit and how should such concessional loan be treated in the
financial statements of the enterprise?
The granting of a loan by an enterprise to an employee at a concessional rate of
interest results in a benefit to an employee. At present the value of such benefit is
recognised over the period of the loan by accounting for the interest income at the
stipulated rate instead of at the market rate. ICAI has issued a draft Accounting
Standard (AS) 30, Financial Instruments: Recognition and Measurement. This
proposed Standard requires such loans (which are financial assets) to be initially
recorded at fair value and the difference between the fair value and the amount of
loan disbursed would be “employee benefit” to be recorded in accordance with
AS 15. Till such time the Standard is finalised and is applicable, loans at
concessional rate of interest would continue to be recorded at face value and the
interest income recognised at the stipulated rate. There would be no recording of
the embedded employee benefit in the granting of such loans.
9. Whether a provident fund which guarantees a specified rate of return is a
defined benefit plan or a defined contribution plan.
Section 17 of the Employees Provident Funds (EPF) Act, 1952 empowers the
Government to exempt any establishment from the provisions of the Employees’
Provident Scheme, 1952 provided that the rules of the provident fund set up by
the establishment are not less favourable than those specified in section 6 of the
EPF Act and the employees are also in enjoyment of other provident fund benefits
which on the whole are not less favourable to the employees than the benefits
provided under the Act. The rules of the provident funds set up by such
establishments (referred to as exempt provident funds) generally provide for the
deficiency in the rate of interest on the contributions based on its return on
investment as compared to the rate declared for Employees’ Provident Fund by
the Government under paragraph 60 of the Employees’ Provident Fund Scheme,
1952 to be met by the employer. Such provision in the rules of the provident fund
would tantamount to a guarantee of a specified rate of return. As per AS 15,
where in terms of any plan the enterprise’s obligation is to provide the agreed
benefits to current and former employees and the actuarial risk (that benefits will
cost more than expected) and investment risk fall, in substance, on the enterprise,
the plan would be a defined benefit plan. Accordingly, provident funds set up by
employers which require interest shortfall to be met by the employer would be in
effect defined benefit plans in accordance with the requirements of paragraph
26(b) of AS 15.
10. What is the nature of a gratuity benefit scheme covered under a Group Gratuity
Scheme with an Insurance Company? Whether it is a defined benefit plan or a
defined contribution plan and whether or not the assets and liabilities of the
scheme held by the Insurance Company are required to be disclosed in the
financial statements of the concerned enterprise.
A key distinction between defined contribution plans and defined benefit plans is
that in the case of defined benefit plans the actuarial risk (that benefits will cost
more than expected) and investment risk fall, in substance, on the enterprise. If
actuarial or investment experience are worse than expected, the enterprise’s
obligation may be increased. Where a gratuity scheme is covered under an
insurance policy, the payments to the insurance company under the policy would
not be considered as defined contributions if the actuarial risk and investment risk
is borne by the enterprise. In the case of the Group Gratuity Scheme, the
employer makes the funding through a Gratuity Trust, to an account maintained at
an Insurance Company. The Insurance Company takes care of the investment of
the funds in accordance with the pattern prescribed by the Income-tax Act. The
return on such funds is passed on as interest from time to time. The gratuity
claims as per the Rules of the Employer are withdrawn from the fund and paid to
the employees through the Gratuity Trust. An actuarial valuation is generally
conducted by the Insurance Company as on the date of commencement and also
at yearly intervals to assess the present value of the gratuity liability and to
indicate the fund required to meet the liability. The gratuity benefit scheme
covered under such a scheme with an Insurance Company would, consequently,
be a defined benefit plan. The assets held by the Insurance Company would be
required to be considered by the enterprise while recognising the amount of
defined benefit liability in the Balance Sheet.
11. In case an enterprise has created a separate trust to administer a defined benefit
plan, whether or not the assets and liabilities of the trust would appear in the
financial statements of the enterprise.
Where an enterprise has created a separate trust to administer a defined benefit
plan, the fair value of the trust assets (net of liabilities) out of which the
obligations are to be settled directly would be deducted from the present value of
the defined benefit obligation and the net total would be recognised in the Balance
Sheet. The assets and liabilities of the trust individually would not appear in the
separate financial statements of the enterprise.
12. In case of defined benefit schemes covered under a Group Gratuity or other
defined benefit scheme with an insurance company, where the actuarial risk
and investment risk have not been transferred from the enterprise, whether an
enterprise can rely upon actuarial valuation certificate provided by the
insurance company or a separate certificate from a qualified actuary is required
to be obtained for determination of actuarial liability.
In the case of defined benefit schemes covered under a Group Gratuity or other
defined benefit scheme with an insurance company where the actuarial risk and
investment risk have not been transferred from the enterprise, the actuarial
valuation certificate provided by the insurance company can be relied upon by the
enterprise. However, the enterprise should ensure that such actuarial valuation
has been carried out by a qualified actuary in accordance with AS 15 (revised
2005), the underlying data is accurate, the assumptions are appropriate and the
information required for compliance with the disclosure requirements of the
Standard have been provided by the insurance company. A separate certificate
from another qualified actuary is not necessary.
13. What is the meaning of the phrase ‘market yields at the balance sheet date on
government bonds’ used in paragraph 78 of AS 15 (revised 2005) in the context
of the discount rate?
The discount rate reflects the time value of money. It does not reflect the
company’s own credit rating. The term ‘market yields at the balance sheet date
on government bonds’ means the market yields at the balance sheet date on
government bonds of appropriate currency and term consistent with the currency
and estimated term of the post-employment benefit obligations. The market
yields on government bonds vary from time to time and are affected by a number
of factors including prevalent interest. The purpose of using the words ‘market
yields at the balance sheet date’ is to ensure that the yields prevalent on that date
are considered instead of a long-term average rate, based on past experience over
a number of years or any other rate during the financial year.
14. In case the rules of an enterprise provide that no gratuity would be payable if
an employee leaves during the first five years of service, whether the enterprise
is required to create a provision in respect of gratuity payable during the first
five years of service of an employee.
In this case, the employee’s right to receive the benefit is conditional on future
employment for a period of five years. Although there is a possibility that the
benefit may not vest, there is also a probability that the employee would serve for
the minimum period of five years and become eligible for gratuity. An obligation
exists even if a benefit is not vested. The obligation arises when the employee
renders the service though the benefit is not vested. The measurement of this
obligation at its present value takes into account the probability that the benefit
may not vest and this is appropriately factored in the calculation of the present
value of the defined benefit obligation. An enterprise should, therefore, create a
provision in respect of gratuity payable during the first five years of service of an
employee.
15. In case an enterprise was not creating full provision for retirement benefits,
such as, gratuity, pension, etc., as per the requirements of pre-revised AS 15,
how should the amount of under provisioning be treated?
Enterprises to which the pre-revised AS 15 was applicable, were required to
comply with the provisions of the Standard in the preparation and presentation of
the financial statements. In case an enterprise had not created a provision for
retirement benefits as per the earlier Standard, the amount of benefit as at the
commencement of the financial year when the revised Standard is first applied
would be a prior period item as it represents an omission in the preparation of the
financial statements of earlier periods. The amount of such benefit should be
charged to the profit and loss account in the period when it is first accounted for
and should be dealt with in accordance with AS 5. The enterprise would not be
entitled to use the transitional provisions of the revised AS 15 to account for such
under-provisioning.
16. In case an enterprise was not creating appropriate provision(s) for employee
benefits, such as, sick leave, etc., which are not covered in the pre-revised AS 15,
whether the transitional provisions of revised AS 15 can be applied to the entire
liability arising on the first application of the revised AS 15.
The transitional provisions of revised AS 15 can be applied only to those items
where the revised Standard requires recognition and measurement for the first
time and to changes in the principles of recognition and measurement in the
revised Standard as compared to the pre-revised Standard. As mentioned in
response to question 15 above, the transitional provisions cannot be utilised to
recognise or provide for errors in measurement based on the pre-revised Standard
for the periods in which that Standard was applicable. Such errors in
measurement based on the pre-revised Standard should be dealt with in
accordance with AS 5.
17. Is the application of the revised Standard a change in accounting policy and
what would be the disclosures required?
Accounting policies refer to the specific accounting principles and the methods of
applying those principles in the preparation and presentation of financial
statements. Accordingly, any change in the application of the principles of
accounting for employee benefits based on the revised AS 15 as compared to the
pre-revised Standard including the methods of applying those principles would be
a change in accounting policy and should be dealt with as per the requirements of
paragraph 32 of AS 5. Whether the application of the revised Standard would
result in a change in accounting policy or a change in accounting estimate should
be carefully examined and would depend on the facts and circumstances of each
case. For instance, where an enterprise measures post employment benefits using
the Projected Unit Credit Method as against the Aggregate Method in the past,
such a change would be a change in accounting policy. However, where the
enterprise has always been measuring such benefits based on the Projected Unit
Credit Method and there are changes in discount rate and other assumptions, this
would more likely be a change in estimate and should be dealt with in accordance
with paragraph 23 of AS 5 and disclosed in accordance with paragraph 27 of AS 5.
18. Where an enterprise does an early application of the revised Accounting
Standard 15, can it comply with the measurement principles of the Standard
prematurely without complying with the disclosure requirements of the
Standards?
No. The revised Standard has to be implemented in its entirety including
disclosure requirements specified in the Standard.
******

Tax Saving Ideas

TAX SAVING IDEAS FOR SALARIED PERSON.
1. The salary (basic + DA) should be low. The rest should come by way of such allowances on which the employer pays FBT and you don't pay any tax thereon.
2. Interest paid on housing loan is deductible u/s 24 up to Rs 1.5 lakh (Rs 150,000) on self-occupied property and without any limit on a commercial or rented house.
3. The repayment of housing loan from specified sources is also deductible irrespective of whether the house is self-occupied or given on rent within the overall ceiling of Rs 1 lakh of Sec. 80C.
4. Where the accommodation provided to the employee is taken on lease by the employer, the perk value is the actual amount of lease rental or 20 per cent of the salary, whichever is lower. Understandably, if the house belongs to a family member who is at a low or nil tax zone the family benefits. Yes, the maximum benefit accrues when the rent is over 20 per cent of the salary.
5. A chauffeur driven motor car provided by the employer has no perk value. True, the company would pay FBT. It is @30 per cent on 20 per cent of the value thereby bringing down the effective rate to 6 per cent. Better still, the employee owns the car and the employer pays the cost of petrol and maintenance.
6. Contributions up to Rs 1 lakh (Rs 100,000) per annum to Superannuation Fund of the employee is not taxed either as fringe benefit in the hands of the employer or as perk in the hands of the employee.
7. Contributions to some specified schemes (Company PF, PPF, NSC, life insurance premia, etc.) qualify for a deduction u/s 80C from gross total income with an overall ceiling of Rs 1 lakh. PPF has a ceiling of Rs 70,000 to contributions made to the accounts of self and minor children whereas the contributions to accounts of self, wife and children (major or minor) attract the deductions.
8. Employer's contribution to Company PF in excess of 12 per cent of employee's salary is taxable. Employee contributes equal (or more) amount to his PF account. Again, any excess over 27 per cent of salary contributed by the employer to company Provident Fund and Superannuation Fund put together is to be treated as perks.
9. Any death-cum-retirement gratuity received up to Rs 3.5 lakh (Rs 350,000) -- subject to certain conditions -- is exempt.
10. Leave Travel Allowance given as reimbursement of expenses incurred by the employee and his family for traveling while on leave is exempt, once in two years.
11. Transport allowance for commuting between residence and place of duty is exempt up to Rs 800 per month.
12. Reimbursement, not exceeding Rs 15,000 in a year, for medical treatment from any doctor for himself and his family members is deductible.
13. Under section 80D, deduction up to Rs 15,000 paid as medical insurance premiums on the health of assessee himself, his spouse, parents (dependent or not) and dependent children is allowed. Where an individual has insured a senior citizen (parent or himself) a higher ceiling of Rs 20,000 is available. Additional deduction up to Rs 15,000 on premiums paid for parent/s of the assessee has been made available w.e.f. 1.4.08.
14. Professional tax paid by an employee is deductible u/s 16(iii).
15. ESOP was brought under the purview of FBT by Finance Act 07. The employer has a right to collect the FBT tax paid by him on ESOP from the employee. In that case, it will be treated as tax paid by the employee.
16. In respect of HRA, the least of the following is exempt from tax u/s 10(13A):
· (a) 40 per cent of salary (50 per cent for Mumbai, Kolkata, Delhi and Chennai).
· (b) HRA for the period the house is occupied by the employee.
· (c) The excess of rent paid over 10 per cent of salary. An employee living in his own house or where he does not pay any rent is not eligible for this exemption. If you are staying in a house belonging to your family members (preferably not your wife), start paying rent to the owner and ask for HRA from the employer.
17. A helper engaged for the performance of the duties of an office or employment of profit is not considered as a perk.
18. If the employer employs a gardener for the building premises belonging to the employer, it would not be treated as a perk. The possibility of it being extrapolated to other servants is logical.
19. Perk value of concessional loan to the employee for purchase of house or motor cars shall be the difference between the interest payable calculated at the rate of interest for similar loans, charged by SBI and the actual interest charged.
20. Loan for medical treatment specified in Rule-3A is exempt, provided it is not reimbursed under any medical insurance scheme. Where it is reimbursed, the perquisite value shall be charged from the date of reimbursement on the amount reimbursed but not repaid against the outstanding loan taken specifically for this purpose.
21. Small loans up to Rs 20,000 in the aggregate are exempt.
22. Expenses on meals provided to the employee during his hours of duty are not treated as perks. FA 08 has declared that expenditure on non-transferable pre-paid electronic meal cards is not a perk.
23. FA 08 has also declared that provision of creche facility for children of the employee and sponsoring of an employee sportsman is not a perk.
24. Employer pays FBT on the value of the gifts. Gifts up to Rs 50,000 received without consideration by an individual from any person are tax-free in the hands of the donee. However, the Department may claim that such gifts are in lieu of salary.
25. Employer pays FBT on the value of the facility of credit cards and expenses for the club.
26. Where a movable asset is transferred by an employer to his employee directly or indirectly, the perquisite value shall be the actual cost to the employer minus the cost of normal wear and tear @10 per cent for each completed year during which such asset was put to use. In the case of motor cars the normal wear and tear would be @20 per cent whereas in the case of computers, data storage and handling devices, digital diaries, printers, etc., it would be @60 per cent. These do not include household appliances (i.e., white goods) like washing machines, microwave ovens, mixers, hot plates, ovens etc.
27. Uniform allowance to meet the expenditure incurred on the purchase or maintenance of uniform for wear during the performance of the duties of an office or employment of profit is exempt.
28. Expenses for soft furnishings (table cloths, curtains, etc.) including maintenance at the residence for those officers entertaining guests at home for official purpose are also exempt.
29. Goods at concessional rates, membership of professional associations, subscriptions for technical and business journals and newspapers are not considered as taxable perks.
30. Payment or reimbursement by the employer towards bills on Telephones and cellular is not a perk.
Caution: If employer is exempt from FBT, employee pays the tax
Fringe Benefit Tax is not applicable to an employer who is an individual, HUF, any fund or trust or institution eligible for exemption u/s 10(23C), or registered u/s 12AA. Rule 3 has been amended so as to include valuation of perquisite in case of benefits provided by such employers to its employees w.e.f. FY 07-08 by Notification SO 1896(E) dt 7.11.07.



Compiled by :- C.A. AMIT KUMAR JAIN, RAIPUR. – 9826737731.

Useful Link of Income Tax

Useful Link of income tax
INCOME TAX DEPARTMENT (INDIA) : www.incometaxindia.gov.in
INCOME TAX DEPARTMENT (INDIA) Efiling division: http://incometaxindiaefiling.gov.in/portal/
TIN facilitation centers: http://tin.nsdl.com/TINFaciliCenter.asp
TIN NSDL: http://tin.nsdl.com/
NSDL: https://nsdl.co.in/
BSR CODE: http://tin.nsdl.com/OLTASListOfBSR.asp
PAN SEARCH: http://incometaxindiaefiling.gov.in/knowpan/knowpan.do
PAN STATUS INQUIRE :
UTI : https://tin.tin.nsdl.com/tan/StatusTrack.html
UTITSL : http://myutitsl.co.in/intra/web/pantrack.jsp
TAN SEARCH: http://incometaxindiaefiling.gov.in/knowtan/knowtan.jsp
TAN Status Inquiry (NSDL): https://tin.tin.nsdl.com/tan/StatusTrack.html
Challan Status Inquiry (Tax Payer Based): https://tin.tin.nsdl.com/oltas/servlet/QueryTaxpayer
Know your Assessing Officer: http://www.incometaxindia.gov.in/ao/Firstlevel.asp
PAN AO Codes: http://tin.nsdl.com/aocode.asp
TAN AO Codes: https://tin.tin.nsdl.com/tan/servlet/TanAOSearch?display=Y
Office of the Director General of Income Tax (Systems): http://incometaxindiaefiling.gov.in/portal/contact_info.do
Contributed by www.ITEfiling.com

AS30-Financial Instruments

Accounting Standard : 30
Financial Instruments –
Recognition and Measurement
Copyrights with ARC
Not to published, presented or used
in any form whatsoever without the prior
permission in written from ARC or the Author
Coverage
• Scope
• Initial Recognition and Classification
• Embedded Derivatives
• Derecognition
• Subsequent Measurement, Fair
Values and Impairment
• Hedge Accounting
Scope
• Applies to:
1. Debt & Equity investments (other than
investments in subsidiaries, associates and
JVs);
2. Loans and receivables;
3. Own Debt (except own equity, taxes, employee
benefits)
4. Cash & cash equivalents
5. Derivatives including embedded derivatives;
6. Loan Commitments
7. Financial Guarantees (except insurance
contracts, weather derivatives)
Initial Recognition and Classification
• Overview:
1. Financial assets and liabilities are initially measured at
FV;
2. An entity may designate a financial instrument
irrevocably on initial recognition as held at fair value
through profit & loss, provided certain criteria are met;
3. Loans purchased by the entity that would otherwise meet
the definition of loans and receivables are classified as
such;
4. Failure to comply with the rules for held to maturity
assets taints the whole category;
5. Transfers into and out of held for trading category after
initial recognition are prohibited
Embedded Derivatives
1. Embedded derivatives should be
accounted for separately if their
economies are not closely related
to those of the host contract
Derecognition – Removal of an Asset
or Liability from the Balance Sheet
• A financial asset (or a part of a financial asset) is
derecognised when:
1. The rights to the CFs from the asset expire;
2. The rights to the CFs from the asset and substantially all
the risks and rewards of the ownership of the asset are
transferred;
3. An obligation to transfer the CFs from the asset is
assumed and substantially all the risks and rewards are
transferred;
4. Substantially all the risks and rewards are neither
transferred nor retained but control of the asset is
transferred
Derecognition – Removal of an Asset or
Liability from the Balance Sheet…contd.
• If the entity retains control of the asset but
does not transfer substantially all the risks
and rewards, the asset is recognised to
the extent of the entity’s continuing
involvement;
• A financial liability is removed from the
B/S only when it is extinguished – i.e.
when the obligation specified in the
contract is discharged or cancelled or
expires
Subsequent Measurement, Fair Values
and Impairment
• Subsequent measurement of financial assets and
liabilities depends upon classification:
1. Trading assets and liabilities and available-for-sale
assets are carried at FV;
2. Loans and advances and held-to-maturity investments
are carried at amortised costs;
• The best evidence of FV is quoted market price in an
active market;
• If quoted market prices are not available, valuation
techniques are used;
• Impairment loss should also be considered while valuing
Financial Assets
Hedge Accounting
• In order to apply hedge accounting, strict criteria,
including, the existence of formal documentation
and the achievement of effectiveness test, must be
met;
• Hedge accounting can be applied to three types of
hedging relationships viz. fair value hedges, cash
flow hedges and hedges of net investment in a
foreign operation;
• Hedge accounting must be discontinued
prospectively if the hedging relationship comes to
an end, or one of the hedging accounting criteria is
not met or hedging relationship is revoked
Illustration – Cash Flow Hedges
ABC Co. is reviewing its maize purchases for the coming
season. They anticipate purchasing 1,000 tons of maize
after 2 months. Currently, the 2 month maize futures are
selling at a price of $600 per ton and they will be satisfied
with purchasing their maize inventory at this price by the
end of May.
As renewed drought is staring the farmers in the face, they
are afraid that the maize price might increase. They
therefore hedge their anticipated purchase against this
possible increase in the maize price by going long (i.e.
buying) on 2-months maize futures at $600 per ton for 1,000
tons. The transaction requires the ABC Co. to pay an initial
margin of $30,000 into its margin account. Margin accounts
are updated twice every month
Illustration – Cash Flow Hedges
The following market prices are applicable:
Date Future Price per ton
April 1 $600
April 15 $590
April 30 $585
May 15 $605
May 31 $620
The maize price in fact did undergo an increase because of
drought and the ABC Co. purchases the projected 1,000 tons
of maize at the market price of $620 per ton on May 31
Illustration – Cash Flow Hedges
Working Notes:
Calculation of variation margins:
April 15: (600-590) x 1,000 tons = $10,000 (payable loss);
April 30: (590-585) x 1,000 tons = $5,000 (payable loss);
May 15: (585-605) x 1,000 tons = $20,000 (receivable profit)
May 31: (605-620) x 1,000 tons = $15,000 (receivable profit)
Illustration – Cash Flow Hedges
Inventory A/c 6,20,000
To Cash 6,20,000
May 31
Cash Receivable 15,000
To Hedging Reserve 15,000
May 31
Cash Receivable 20,000
To Hedging Reserve 20,000
May 15
Hedging Reserve 5,000
To Cash Payable 5,000
April 30
Hedging Reserve 10,000
To Cash Payable 10,000
April 15
Initial Margin A/c (B/S) 30,000
To Cash 30,000
April 1
Illustration – Cash Flow Hedges
1. The gain or loss on the cash flow hedge should be
removed from equity and the value of the
underlying asset recognised should be adjusted;
2. If the futures contract did not expire or was not
closed on May 31st, the gains of losses calculated
on the futures contract thereafter would be
accounted for in the income statement, because the
cash flow hedge relationship no longer exists
Notes:
Hedging Reserve 20,000
To Inventory 20,000
May 31
Cash A/c 30,000
To Initial Margin A/c 30,000
May 31
Thank You

Export Procedure

EXPORT PROCEDURE
Index
How To Export
Preliminaries for Starting Export
Registration
Register with Export Promotion Council
Dispatching Samples
Appointing Agents
Specimen Copy of Agreement
Acquire an Export License
Acquire Export Credit Insurance
Arranging Finance
Rates of Interest
Understand Foreign Exchange Rates & Protect Against Their Adverse Movement
Forward Contracts
Procuring/Manufacturing Goods for Export & Their Inspection by Government
Authorities
Labeling, Packaging, Packing & Marking Goods
New Excise Procedure
How To Export
Golden Rule
Sell Experience
Selling in Export
On-time Deliveries
Communication
Testing Products
Approach
Golden Rule: In order to be successful in exporting one must fully research its markets. No one should ever try to tackle every market at once. Many enthusiastic persons bitten by the export bug, fail because they bite off more than they can chew. Overseas design and product requirements must be carefully considered.
Always sell as close to the market as possible. The fewer intermediaries one has the better, because every intermediary needs some percentage for his share in his business, which means less profit for the exporter and higher prices for the customer. All goods for export must be efficiently produced. They must be produced with due regard to the needs of export markets. It is no use trying to sell windows, which open outwards in a country where, traditionally, windows open inwards.
Sell Experience: If a person cannot easily export his goods, may be he can sell his experience. Alternatively, he can concentrate on supplying goods and materials to exporters' who already have established an export trade. He can concentrate on making what are termed 'own brand' products, much demanded by buyers in overseas markets which have the manufacturing know-how or facilities.
Selling in Export: In today's competitive world, everyone has to be sold. The customer always has a choice of suppliers. Selling is an honorable profession, and you have to be an expert salesman.
On-Time Deliveries: Late deliveries are not always an exporters fault. Dock strikes, go-slows, etc. occur almost everywhere in the world. If one enters into export for the first time, he must ensure of fast and efficient delivery of the promised consignment.
Communication: Communication internal and external must be comprehensive and immediate. Good communication is vital in export. When you are in doubt, pick up the phone or email for immediate clarification.
Testing Product: The risk of failure in export markets can be minimized by intelligent use of research. Before committing to a large-scale operation overseas, try out on a small scale. Use the sample test, and any mistakes can then be corrected without much harm having been done. While the test campaign may appear to cost more initially, remember that some of the cost will be repaid by sales, so that test marketing often turns out to be cheaper.
Approach: If possible some indication of the attitudes towards the product should be established, like any sales operation. Even if the product is successful, to obtain reactions from the customer.

Preliminaries for Starting Export Business
Setting up an appropriate business organization.
Choosing appropriate mode of operations
Naming the Business
Selecting the company
Making effective business correspondence
Selecting the markets
Selecting prospective buyers
Selecting channels of distribution
Negotiating with prospective buyers
Processing an export order
Entering into export contract
Export pricing and costing
Understanding risks in international trade
Setting up an appropriate business organization
The first and the foremost question you as a prospective exporter has to decide is about the kind of business organization needed for the purpose. You have to take a crucial decision as to whether a business will be run as a sole proprietary concern or a partnership firm or a company. The proper selection of organization will depend upon:
Your ability to raise finance
Your capacity to bear the risk
Your desire to exercise control over the business
Nature of regulatory framework applicable to you
If the size of the business is small, it would be advantageous to form a sole proprietary business organization. It can be set up easily without much expenses and legal formalities. It is subject to only a few governmental regulations. However, the biggest disadvantage of #138;sole proprietary business is limited liability to raise funds which restricts its growth. Besides, the owner has unlimited personal liability. In order to avoid this disadvantage, it is advisable to form a partnership firm. The partnership firm can also be set up with ease and economy. Business can take benefit of the varied experiences and expertise of the partners. The liability of the partner though joint and several, is practically distributed amongst the various partners, despite the fact that the personal liability of the partner is unlimited. The major disadvantage of partnership form of business organization is that conflict amongst the partners is a potential threat to the business. It will not be out of place to mention here that partnership firms are governed by the Indian Partnership Act,1932 and, therefore they should be form within the parameters laid down by the Act.
Exporters Manual and Documentation
Company is another form of business organization, which has the advantage of distinct legal identity and limited liability to the shareholders. It can be a private limited company or a public limited company. A private limited company can be formed by just two persons subscribing to its share capital. However, the number of its shareholders cannot exceed fifty, public cannot be invited to subscribe to its capital and the member's right to transfer shares is restricted. On the other hand, a public limited company has a minimum of seven members. There is no limit to maximum number of its members. It can invite the public to subscribe to its capital and permit the transfer of shares. A public limited company offers enormous potential for growth because of access to substantial funds. The liquidity of investment is high because of easiness of transfer of shares. However, its formation can be recommended only when the size of the business is large. For small business, a sole proprietary concern or a partnership firm will be the most suitable form of business organization. In case it is decided to incorporate a private limited company, the same is to be registered with the Registrar of Companies.
Choosing appropriate mode of operation
You can chose any of the following modes of operations:
Merchant Exporter i.e. buying the goods from the market or from a manufacturer and then selling them to foreign buyers. Manufacturer Exporter i.e. manufacturing the goods yourself for export Sales Agent/Commission Agent/Indenting Agent i.e. acting on behalf of the seller and charging commission Buying Agent i.e. acting on behalf of the buyer and charging commission
Naming the Business
Whatever form of business organization has been finally decided, naming the business is an essential task for every exporter. The name and style should be attractive, short and meaningful. Simple and attractive name indicating the nature of business is ideal. The office should be located preferably in a commercial complex, in clean and workable surroundings. The letter head should be simple and superb providing information concerning H.O., branches, cable address, telephone number, fax number, banker's name and address etc. Pick up a beautiful trade name and logo which reinforces your organization's name and image.
Open a current account in the name of the organization in whose name you intend to export. It is advisable to open the account with a bank which is authorised to deal in Foreign Exchange.
Selecting the Company
Carefully select the product to be exported. For proper selection of product, study the trends of export of different items from India. The selected product must be in demand in the countries where it is to be exported. It should be possible to procure or manufacture the selected product at most economic cost so that it can be competitively priced. It should also be available in sufficient quantity and it should be possible to supply it repeatedly and regularly. Besides, while selecting the product, it has to be ensured that you are conversant with government policy and regulations in respect of product selected for export. You should also know import regulations in respect of such commodities by the importing countries. It would be preferable if you have previous knowledge and experience of commodities selected by you for export. A non-technical person should avoid in dealing in high tech products.
Making effective Business Correspondence
You should recognise the importance of business correspondence as it is an introduction with the buyer in proxy which may clinch his response according to the impression created by the correspondence. For creating a very favorable and excellent impression, you must use a beautiful letter head on airmail paper and a good envelope, nicely printed, giving fully particulars of your firm's name, telephone, telex and fax number etc. Your language should be polite, soft, brief and to the point, giving a very clear picture of the subject to be put before the customer. Letters should be typed/ computer typed set, preferably in the language of the importing country. Also make sure that the full and correct address is written and the envelope is duly stamped. It should also be borne in mind that the aim of your business correspondence is not only to clinch the buyer's order but also to obtain the information on the following:
The specifications of the products already in use in the importing country. Whether your product meets the above specifications. If not, Whether your specifications offer any distinct advantages in terms of prices, quality, after-sales service, etc. The import policy prevailing in the buyer's country (e.g. whether there is any import licensing, any restrictions on remittances, any pre-qualification for product/supplier, etc.)
The trade practices in the buyers' country with special reference to your product, information like whether importers import and distribute the product/high sea sales, whether agent is required to book orders from actual users etc. In case your item requires after sales service, the manner in which it can be offered. The prices at which your product sells in the retail/wholesale market, the duty structure and any other cost element to arrive at the landed cost. Information on the margins at which the product is sold.
This information will help you in evolving a pricing strategy. Study of various market segments viz. Importers, Supermarkets, Government Suppliers, Institutional Sales, Tenders, Suppliers, etc.
The various factors that rule the market viz. Quality, Price, Delivery, Brand Name, Credit Terms, etc. Role of advertising and publicity and reference to the product and the country.
A specimen export letter is given below :
Specimen of Introductory Letter to International Importers
Ref: TIL/NYK2001/ 14th Novl,2000
The Manager (Purchase)
M/s. TIL Ltd.
.........................
.........................
(U.S.A.)
Dear Sir,
We are exporters of a wide variety of items including .......... for the last ten years. Our major buyers are ......... in .......... We are one of the registered export houses in India. We represent .......... the leading manufacturers of these items in India. These items are produced in collaboration with .........., the world famous company. We follow the ISI specifications. We believe that your company imports the items we export. We are enclosing herewith
A copy of our brochure and price list for your perusal. We shall be glad to send you detailed literature/ samples of items that may be of interests to you.
Yours sincerely,
For NYK Ltd.
Manager (Marketing)
Encl: As above.
Comments :
The text can be suitably amended with reference to the manufacturing activity or/items dealt in by the exporter.
Where the manufacturing is not in collaboration with a foreign company, it need not be referred to.
Product literature (of the buyer's interest) and price list should invariably be sent along with the letter.
The price list should categorically indicate whether the prices are f.o.b., & C & f or c.i.f. etc. However, discount need not be indicated in the price list.
The profile about your company should generally include the following matters:
Company's name and address /Telex /Telephone /Cable /Fax/Email/ Date of establishment
Export Executives
Status: Partnership/ Company (Pvt. Ltd./Pub. Ltd) Govt.(Semi-Govt.)
Bank Reference
Exporting Since
Value of Assets
No. of Employees/ Manufacturing/ Sales/ Administration
Foreign Offices/Representatives, if any
Exporter/ Manufacturer/ Agent
Main Line
Technical Collaboration
Standards/Specification followed
Major Buyers- In India; Abroad
Selecting the markets
Target markets should be selected after careful consideration of various factors like political embargo, scope of exporter's selected product, demand stability, preferential treatment to products from developing countries, market penetration by competitive countries and products, distance of potential market, transport problems, language problems, tariff and non-tariff barriers, distribution infrastructure, size of demand in the market, expected life span of market and product requirements, sales and distribution channels. For this purpose you should collect adequate market information before selecting one or more target markets. The information can be collected from various sources like Export Promotion Council (EPCs)/Commodity Boards, Federation of Indian Export Organization, (FIEO), Indian Institute of Foreign Trade (IIFT), Indian Trade Promotion Organization (ITPO), Indian Embassies Abroad, Foreign Embassies in India, Import Promotion Institutions Abroad, Overseas Chambers of Commerce and Industries, Various Directories, Journals, Market Survey Reports.
Selecting prospective Buyers
You can collect addresses of the prospective buyers of the commodity from the following sources:
Enquiries from friends and relatives or other acquaintances residing in foreign countries.
Visiting/ participating in International Trade Fairs and Exhibitions in India and abroad. Contact with the Export Promotion Councils, Commodity Boards and other Government Agencies. List given in Appendix 4 of this book). Consulting International Yellow Pages (A Publication from New York by Dun & Bradstreet, USA or other Yellow Pages of different countries like Japan, Dubai Etc.)
Collecting addresses from various Private Indian Publications Directories available on cost at Jain Book Agency,C-9, Connaught Place, New Delhi-1. (PH. 3355686, Fax.3731117).
Collecting information from International Trade Directories/ Journals / periodicals available in the libraries of Directorate General of Commercial Intelligence and Statistics, IIFT, EPCs, ITPO etc. A list of selected trade directories published abroad is given in Appendix 5 of this book.
Making contacts with Trade Representatives of Overseas Govt. in India and Indian Trade and Other Representatives/ International Trade Development Authorities abroad. A list of international trade development authorities abroad like Foreign Chambers of Commerce etc. is given in Nabhi's EXPORTERS MANUAL AND DOCUMENTATION.
Reading biweekly, fortnightly, monthly bulletins such as Indian Trade Journal, Export Service Bulletin, Bulletins and Magazines issued and published by Federation of Exporters' Organizations, ITPO, EPCs, Commodity Boards and other allied agencies. A list of Indian Trade Periodicals containing names and addresses of importers is given in Appendix 6 of this book. Visiting Embassies, Consulates etc. of other countries and taking note of addresses of importers for products proposed to be exported. Advertising in newspapers having overseas editions and other foreign newspapers and magazines etc.
Consulting ITPO, IIFT, etc.
Contacting authorised dealers in foreign exchange with whom exporter is maintaining bank account.
Overseas importers can be contacted or informed about the products by the following methods:
By corresponding and sending brochures and product literature to prospective overseas buyers.
By undertaking trips to foreign markets and establishing personal rapport with overseas buyers. The number of trips will depend on your budget and resources. But it is essential for long-term success in international marketing to establish personal rapport. Foreign trip will provide first-hand information regarding the market, overseas customers, their requirement, taste, preference and better out communication of the merits of exporters' products.
Participation in buyer-seller meets and meeting the members of foreign delegation invited by Export Promotion Councils concerned. Participation in international trade fairs, seminars.
Advertisement and publicity in overseas reputed newspapers and magazines. Facilities of free publicity can be availed from Import Development Center.
Selecting channels of distribution
The following channels of distribution are generally utilized while exporting to overseas markets :
Exports through Export Consortia
Export through Canalizing Agencies
Export through Other Established Merchant Exporters or Export Houses, or Trading Houses
Direct Exports
Export through Overseas Sales Agencies
Negotiating with Prospective Buyers
Whatever the channel of distribution for exporting to the overseas countries is proposed to be is utilized, it is essential that the exporters should possess the necessary skill for negotiating with the overseas channels of distribution. The ability to negotiate effectively is needed for discussion with importers or trade agents. While conducting business negotiations, the prospective exporter should avoid conflict, controversy and criticism vis-a-vis the other party. During conversation the attitude should be to communicate effectively. There should be coherence, creativity, compromise, concessions, commonality, consensus, commitment and compensation in business negotiations. The general problem you may face is about pricing. The buyer's contention is that prices are too high. It should be noted that though the price is only one of the many issues that are discussed during business negotiations, it influences the entire negotiating process.
Since this is the most sensitive issue in business negotiations, it should be tactfully postponed until all the issues have been discussed and mutually agreed upon. As far as the price is concerned, you should try to determine the buyer's real interest in the product from the outset, only then a suitable counter proposal should be presented. It should also be remembered that the buyer may request modifications in presentation of the product. You should show the willingness to meet such request, if possible, provided that it will result in profitable export business. Price being the most important sales tool, it has to be properly developed and presented.
Therefore, in order to create a favorable impression, minimize costly errors and generate repeated business. The following points should be kept in mind while preparing the price list:
Submit a typewritten list, printed on the regular bond paper and laid out simply and clearly (with at least an inch between columns and between groupings) Prominently indicate the name of your company, its full address, telephone and fax numbers, including the country and city codes. Fully describe the items being quoted. Group the items logically( i.e. all the fabrics together, all the made-up together etc.).
Specify whether shipped by sea or by air, f.o.b. or c.i.f. and to what port. Quote exact amount and not rounded-off figures. Mention the dates up to which the prices quoted will remain valid. Where there is an internal reference number which must be quoted, to keep it short (the buyer has no interest in this detail and the more complex it is, the greater is the risk of error). As regards the factors determining your price, please refer to 'EXPORT PRICING AND COSTING'
One main point regarding export pricing is that while negotiating with overseas buyer, you may not remember the cost of a product. It may also be difficult for you to remember the profit margin built in various prices quoted by you. A clear jotting of this information is not free from the risk of being leaked out to the competitors or to the overseas buyers. Some coding is, therefore, essential for the prices quoted by you so that at any stage/point of time, you can always utilize the information, enabling you to profitably negotiate with the overseas buyer. This can be done by assigning codes to the cost price. For assigning codes to the cost price, you may select an English password consisting of 10 separate letters, each letter to represent a numerical figure.
For example: 'CRAZY MOUTH' is the password selected by you, where C=1, R=2, A=3, Z=4, Y=5, M=6, O=7, U=8, T=9, H=0. This password can be successfully used for recognizing various items of exports and their varieties.
Thus, a brass candle stand which is being quoted at Rs. 100(sale price) but whose cost price to you is Rs 25.50 will be coded as item number 'RYYH' and then assigned with a running serial number to make it more fascinating. You can decode the word 'RYYH' to write as Rs 25.50 so as to get an idea of difference between the Sale Price and the Cost Price, which will provide you the range within which you can negotiate with overseas buyers.
Processing an Export order
You should not be happy merely on receiving an export order. You should first acknowledge the export order, and then proceed to examine carefully in respect of items, specification, pre-shipment inspection, payment conditions, special packaging, labeling and marketing requirements, shipment and delivery date, marine insurance, documentation etc. if you are satisfied on these aspects, a formal confirmation should be sent to the buyer, otherwise clarification should be sought from the buyer before confirming the order. After confirmation of the export order immediate steps should be taken for procurement/manufacture of the export goods. In the meanwhile, you should proceed to enter into a formal export contract with the overseas buyer.
Entering into an Export contract
In order to avoid disputes, it is necessary to enter into an export contract with the overseas buyer. For this purpose, export contract should be carefully drafted incorporating comprehensive but in precise terms, all relevant and important conditions of the trade deal. There should not be any ambiguity regarding the exact specifications of goods and terms of sale including export price, mode of payment, storage and distribution methods, type of packaging, port of shipment, delivery schedule etc. The different aspects of an export contract are enumerated as under :
Product, Standards and Specifications
Quantity
Inspection
Total Value of Contract
Terms of Delivery
Taxes, Duties and Charges
Period of Delivery/Shipment
Packing, Labeling and Marking
Terms of Payment-- Amount/Mode & Currency
Discounts and Commissions
Licenses and Permits
Insurance
Documentary Requirements
Guarantee
Force Majeure of Excuse for Non-performance of contract
Remedies
Arbitration It will not be out of place to mention here the importance of arbitration clause in an export contract Court proceedings do not offer a satisfactory method for settlement of commercial disputes, as they involve inevitable delays, costs and technicalities. On the other hand, arbitration provides an economic, expeditious and informal remedy for settlement of commercial disputes. Arbitration proceedings are conducted in privacy and the awards are kept confidential. The Arbitrator is usually an expert in the subject matter of the dispute. The dates for arbitration meetings are fixed with the convenience of all concerned. Thus, arbitration is the most suitable way for settlements of commercial disputes and it may invariably be used by businessmen in their commercial dealings.
The Indian Council of Arbitration Federation House, Tansen Marg, New Delhi. (Ph. 3319251 Fax:3320714) is a specialized arbitration institution providing arbitration facilities for all types of domestic or international commercial disputes. You should use their services as far a possible.
BRIEF SPECIMEN CONTRACT FORM FOR SALE PURCHASE TRANSACTIONS
EXPORTS AND IMPORTS
Name and address of the parties.......(state correct appellation and complete address of the parties)
We, the above named parties have entered into this contract for the sale/purchase, etc. ....... (state briefly the purpose of the contract) on this ........(date) at ........(place)..... subject to the following terms and conditions:
Goods ................ Quantity ...............Quality................. (Describe the quantity, quality and the other specifications of the goods precisely as per the agreement. An agency for inspection/certification of quality and/or quantity may also be stipulated).
Price................ Mode of payment ...................(Quote the price, terms, i.e. ex-works/FOB(free on board) CIF(Cost, Insurance & Freight) etc. in the currency agreed upon and describe the mode of payment i.e. payment against L/C(letter of credit)/DA (document against acceptance)
/D/P(document against payment)etc. It is also desirable to mention the exchange rate.)
Shipment...............(Specify date of delivery and the maximum period up to which delivery could be delayed and for which reasons, port of shipment and delivery should be mentioned).
Packing and marking...............(Requirements to be specified precisely)
Insurance .................(State the type of insurance cover required, i.e. FPA (free from particular average)/WA (with average)/ All Risks, etc.
State also the party responsible for insurance)
Brokerage/Commission ........(if any payable may be mentioned)
Passing of the property and of risk. The property or ownership of the goods and the risk shall finally pass to the buyer at such stage as the parties may agree, i.e. when the goods are delivered at the seller's place of work/pass the ship's rails/are covered by insurance etc. as per agreed terms).
Arbitration
Arbitration clause recommended by the Indian Council of Arbitration: "All disputes or differences whatsoever arising between the parties out of relating to the construction, meaning and operation or effect of this contract or the breach thereof shall be settled by arbitration in accordance with the rules of the arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties."(or any other arbitration clause that may be agreed upon between the parties). 3.Any other special condition, prevalent in or relevant to the particular line of trade or transaction, may also be specified.
Sd/-Seller
Sd/-Buyer
Notes: The above specimen contract form, drawn up in brief essentials, is meant for simple small scale transactions and is intended to draw the attention of the parties to important aspects of the trade deal in drafting the contract. The parties are free to add to or modify the terms as per the peculiar nature of their trade transaction. They may also consult with advantage, experienced commercial or arbitration bodies for the purpose or study published literature on the subject. The use of the arbitration clauses in commercial contracts is becoming increasingly common, particularly in export-import transactions, with a view to promoting smooth and swift flow of business. The Indian Council of Arbitration (ICA) which is partly founded by the Government of India, provides comprehensive institutional arbitration service to all government departments and public undertakings as well as private traders, exporters and importers in India for amicable and quick settlement of all types of commercial disputes. It has been suggested by the Ministry of Commerce that all commercial organizations should make use of the arbitration clause of the Council in their commercial contracts with Indian and foreign parties.
Export Pricing and Costing
Export pricing should be differentiated from export costing. Price is what we offer to the customer. Cost is the price that we pay/incur for the product. Price includes our profit margin, cost includes only expenses we have incurred. Export pricing is the most important tool for promoting sales and facing international competition. The price has to be realistically worked out taking into consideration all export benefits and expenses. However, there is no fixed formula for successful export pricing. It will differ from exporter to exporter depending upon whether the exporter is a merchant exporter or a manufacturer exporter or exporting through a canalizing agency. You should also assess the strength of your competitor and anticipate the move of the competitor in the market. Pricing strategies will depend on various circumstantial situations. You can still be competitive with higher prices but with better delivery package or other advantages. Your prices will be determined by the following factors:
Range of products offered
Prompt deliveries and continuity in supply
After-sales service in products like machine tools, consumer durables
Product differentiation and brand image
Frequency of purchase
Presumed relationship between quality and price
Specialty value goods and gift items
Credit offered
Preference or prejudice for products originating from a particular source
Aggressive marketing and sales promotion
Prompt acceptance and settlement of claims
Unique value goods and gift items
Export Costing is basically Cost Accountant's job. It consists of fixed cost and variable cost comprising various elements. It is advisable to prepare an export costing sheet for every export product. For the format of the export costing sheet and other relevant details refer to Nabhi's EXPORTERS MANUAL AND DOCUMENTATION. As regards quoting the prices to the overseas buyer, the same are quoted in the following internationally accepted terms:
Ex-Works: 'Ex-works' means that your responsibility is to make goods available to the buyer at works or factory. The full cost and risk involved in bringing the goods from this place to the desired destination will be borne by the buyer. This term thus represents the minimum obligation for you. It is mostly used for sale of plantation commodities such as tea, coffee and cocoa.
Free on Rail(FOR): Free on Truck(FOT):These terms are used when the goods are to be carried by rail, but they are also used for road transport. Your obligations are fulfilled when the goods are delivered to the carrier.
Free Alongside Ship (FAS): Once the goods have been placed alongside the ship, your obligations are fulfilled and the buyer notified. The buyer has to contract with the sea carrier for the carriage of the goods to the destination and pay the freight. The buyer has to bear all costs and risks of loss or damage to the goods hereafter.
Free on Board (FOB): Your responsibility ends the moment the contracted goods are placed on board the ship, free of cost to the buyer at a port of shipment named in the sales contract. 'On board' means that a 'Received for Shipment'
B/L (Bill of Lading) is not sufficient. Such B/L if issued must be converted into 'Shipped on Board B/L' by using the stamp 'Shipped on Board' and must bear signature of the carrier or his authorised representative together with date on which the goods were 'boarded'.
Cost and Freight (C&F): You must on your own risk and not as an agent of the buyer, contract for the carriage of the goods to the port of destination named in the sale contract and pay the freight. This being a shipment contract, the point of delivery is fixed to the ship's rail and the risk of loss or of damage to the goods is transferred from the seller to the buyer at that very point. As will be seen though you bear the cost of carriage to the named destination, the risk is already transferred to the buyer at the port of shipment itself.
Cost Insurance Freight (CIF): The term is basically the same as C&F, but with the addition that you have to obtain insurance at your cost against the risks of loss or damage to the goods during the carriage.
Freight or Carriage Paid (DCP): While C&F is used for goods which are to be carried by sea, the term "DCP" is used for land transport only, including national and international transport by road, rail and inland waterways. You have to contract for the carriage of the goods to the agreed destination named in the contract of the sale and pay freight. Your obligations are fulfilled when the goods are delivered to the first carrier and not beyond. In case the buyer desires you to insure the goods till the destination, he would add 'including insurance' before the word 'Paid in Freight' or 'Carriage Paid to'.
EXS/EX-Ship: This is an arrival contract and means that you make the goods available to the buyer in the ship at the named port of destination as per sales contract. You have to bear the full cost and risk involved in bringing the goods there. Your obligation is fulfilled before the customs border of the foreign country and it is for the buyer to obtain necessary import license at his own risk and expense.
EXQ/Ex-Quay: Ex-Quay means that you make the goods available to the buyer at a named quay. As in the term 'Ex-Ship' the points of division of costs and risks coincide, but they have now been moved one step further -- from the ship into the quay or wharf i.e. after crossing the customs border at destination. Therefore, in addition to arranging for carriage and paying freight and insurance you have to bear the cost of unloading the goods from the ship.
Delivered at Frontier (DAF): The term is primarily intended to be used when the goods are to be carried by rail or road. Your obligations are fulfilled when the goods have arrived at the frontier, but before the 'Customs border' of the country named in the sales contract.
Delivery Duty Paid (DDP): This term may be used irrespective of the type of transport involved and denotes your maximum obligation as opposed to 'Ex-Works'. You have not fulfilled his obligation till such time that the goods are made available at his risk and cost to the buyer at his premises or any other named destination. In the latter case necessary documents (e.g. transport document or Warehouse Warrant) will have to be made available to the buyer to enable him to take delivery of goods. The term 'duty' includes taxes, fees and charges. Therefore, the obligation to pay VAT (Value Added Tax) levied upon importation will fall upon you. It is, therefore, advisable to use 'exclusive of VAT' after the words 'duty paid'.
FAO/FOB Airport: 'FOB Airport' is based on the same main principle as the ordinary FOB term. You fulfill your obligation by delivering the goods to the air carrier at the airport of departure. Without the buyer's approval delivery at a town terminal outside the airport is not sufficient, your obligations with respect to costs and risks do not extend to the arrival of the goods at the destination.
Free Carrier (Named Point) FRC: The term has been designed particularly to meet the requirements of modern transport like 'multi-modal' transport as container or 'roll-on-roll-off' traffic by trailers and ferries. The principles on which the term is based is same as applicable to FOB except that the seller or the exporter fulfills his obligations when he delivers the goods into the custody of the carrier at the named point.
Freight Carriage and Insurance Paid (CIP): The term is similar to 'Freight or Carriage Paid to'. However, in case of CIP you have additionally to procure transport insurance against the risk of loss or damage to the goods during the carriage. You contract with the insurer and pay the insurance premium.
Understanding risks in International trade
While selling abroad, you may undergo the following risks:
Credit risk
Currency risk
Carriage risk
Country risk
These risks can be insured to a great extent by taking appropriate steps. Credit risk against the buyer can be covered by insisting upon an irrevocable letter of credit from the overseas buyer. An appropriate policy from Export Credit and Guarantee Corporation of India Ltd. can also be obtained for this purpose. Country risks are also covered by the ECGC. As regards currency risk, i.e. possible loss due to adverse fluctuation in exchange rate, You should obtain forward cover from your bank authorised to deal in foreign exchange. Alternatively, you should obtain export order in Indian rupee. Carriage risk, i.e. possible loss of cargo in transit can be covered by taking a marine insurance policy from the general insurance companies.
Registration
Registration with Reserve Bank Of India: No longer required. Prior to 1.1.1997 it was compulsory for every exporter to obtain an exporters' code number from the Reserve Bank of India before engaging in export. This has since been dispensed with and registration with the licensing authorities is sufficient before commencing export or import. Registration with Regional Licensing: Authorities (obtaining IEC Code Number) The Customs Authorities will not allow you to import or export goods into or from India unless you hold a valid IEC number. For obtaining IEC number you should apply to Regional Licensing Authority (list given in Appendix 2) in duplicate in the prescribed form given in Appendix 1. Before applying for IEC number it is necessary to open a bank account in the name of your company / firm with any commercial bank authorised to deal in foreign exchange. The duly signed application form should be supported by the following documents:
Bank Receipt (in duplicates)/Demand Draft for payment of the fee of Rs. 1,000/-.
Certificate from the Banker of the applicant firm as per Annexure 1 to the form given in Appendix 1 of this Book.
Two copies of Passport size photographs of the applicant duly attested by the banker to the applicants.
A copy of Permanent Account Number issued by Income Tax Authorities. If PAN has not been allotted, a copy of application of PAN submitted to Income Tax Authorities.
In case the application is signed by an authorised signatory, a copy of the letter of legal authority may be furnished.
If there is any non-resident interest in the firm and NRI investment is to be made with repatriation benefits, a simple declaration indicating whether it is held with the general/specific permission of the RBI on the letter head of the firm should be furnished. In case of specific approval, a copy may also be furnished.
Declaration by the applicant that the proprietors/partners/directors of the applicant firm/company, as the case may be, are not associated as proprietor/partners/directors with any other firm/company which has been caution-listed by the RBI. Where the applicant is so associated with a caution-listed firm/company the IEC No. is allotted with a condition that he can export only with the prior approval of the RBI. Exporter's Profile as per form attached to Appendix 1 of this book (See Appendix 1A of this Book). The Regional Licensing Authority concerned will on merits grant an IEC number to the applicant. The number should normally be given within 3 days provided the application is complete in all respects and is accompanied by the prescribed documents. An IEC number allotted to an applicant shall be valid for all its branches/divisions as indicated on the IEC number.
Register With Export Promotion Council
In order to enable you to obtain benefits/concession under the export-import policy, you are required to register yourself with an appropriate export promotion agency by obtaining registration-cum- membership certificate.
For this purpose you should apply in the prescribed form, given at Appendix 3 of this Book to the Export Promotion Council relating to your main line of business.
For list of Registering Agencies, please refer to Appendix 4 of this Book.
However, if the export is such that it is not covered by any EPC, RCMC in respect thereof may be obtained from the Regional Licensing Authority concerned. An application for registration should be accompanied by a self certified copy of the Importer-Exporter code number issued by the Regional Licensing Authority concerned and bank certificate in support of the applicant's financial soundness. In case an exporter desires to get registration as a manufacturer exporter, he should furnish evidence to that effect. In the case of a manufacturer exporter the licensing authority may seek copy of registration with SSI/any other sponsoring authority in addition to the application in the prescribed form for the Import Export Code Number.
If the application for registration is granted, the EPC or FIEO shall issue the RCMC indicating the status of the applicant as merchant exporter or manufacturer exporter. The RCMC shall be valid for five years ending 31st March of the licensing year. The certificate shall be deemed to be valid from 1st April of the licensing year in which it was issued.
Registration With Sales Tax Authorities: Goods which are to be shipped out of the country for export are eligible for exemption from both Sales Tax and Central Sales Tax. For this purpose, you should get yourself registered with the Sales Tax Authority of your state after following the procedure prescribed under the Sales Tax Act applicable to your State.
Dispatching Samples
As the overseas buyers generally insist for the samples before placing confirmed orders, it is essential that the samples are attractive, informative and have retention and reminder value. Besides, the exporter should know the Government policy and procedures for export of samples from India. He should also be aware about the cheapest modes of sending samples.
In this connection, it is advised that the postal channel is comparatively cheaper than sending samples by air. While sending samples through postal channel due regard should be given to weight and dimension of the post parcels as postal authorities have prescribed maximum weight and dimension for the post parcels handled by them. Where it is not possible to send the samples by post parcels, the same may be sent by air. So far as the Government policy regarding export of samples is concerned, distinction has been made between export of commercial samples and gift parcels. In terms of Para 11.4 of the Import Export Policy as modified up to 31.3.1999, goods including edible items of value not exceeding Rs.1,00,000 in a licensing year may be exported as a gift. Items mentioned as restricted for exports in the ITC (HS) Classifications of Export & Import Items shall not be exported as a gift without a license except in the case of edible items. Export of bonafide trade and technical samples having indelible marking as "sample not for sale" is allowed freely without any limit. However, in such cases where indelible marking is not available, the samples may be allowed for a value not exceeding US $ 10,000, per consignment. In addition the exporter has the option to avail the facility of free samples up to US $ 5,000 or 1% of the preceding year's exports, whichever is higher. An application for export of gifts/samples in excess of the limits specified above may be made to the DGFT.
Special provisions have been made for export of garment samples. Garment samples are allowed to be exported only by exporters who are registered with the Apparel Export Promotion Council (AEPC) or the Wool and Woolen Export Promotion Council for woolen Knitwear. Export of samples to be sent by post parcel or air freight are further divided into 3 categories, namely : 1.Samples of value up to Rs.10,000, 2.Samples of value less than Rs. 25,000, 3.Samples of value more than Rs. 25,000.Where the value of the articles is less than Rs. 10,000, the exporter should file a simple declaration that the sample does not involve foreign exchange and its value is less than Rs. 10,000.Where the value of samples is more than Rs. 10,000 but less than Rs. 25,000 you should obtain a value certificate from the authorised dealer in foreign exchange (i.e. your bank). For this purpose, you should submit a commercial invoice certifying thereon that the parcel does not involve foreign exchange and the aggregate value of the samples exported by you does not exceed Rs. 25,000 in the current calendar year. If the value of samples exceeds Rs. 25,000 you should obtain Gr/PP waiver from the Reserve Bank of India.
Export of trade samples is allowed by sea/air (as distinguished from sea/airmail) without any value restriction, provided the customs authorities are satisfied about the bona fide of the goods that they do not fall in the export control restrictions. However, customs authorities may ask for suitable documentary evidence in this regard viz. correspondence etc. with the overseas buyer. Trade samples against which the foreign buyer agrees to make payment can be exported in the same manner in which normal exports are effected. Samples can also be carried personally by you while traveling abroad provided these are otherwise permissible or cleared for export as explained earlier.
However, in case of precious jewelry/stone items, you should declare the same to the customs authorities while leaving the country and obtain necessary endorsement on export certificate issued by the Jewelry Appraiser of the Customs.
Appointing Agents
Selling through an overseas agent is an effective strategy. These agents serve as a source of market intelligence. Regularly sending the latest trends on the current fashion, taste and price in the market. Being a man on the spot, the agent is in a position to render his advice to exporter or new methods and strategy for pushing up sales of your products. He also provides you support in the matter of transportation, reservation of accommodation, appointment with the government as and when required by you. In some countries it is compulsory under their law to sell through local agents only. It is, therefore, essential that you should carefully select your overseas agent.
Consider the points listed below when appointing an Agent :
Size of the agent's company
Date of foundation of the agent's company
Company's ownership and control
Company's capital, funds, available and liabilities
Name, age and experience of the company's senior executives
Number, age and experience of the company's salesman
Other agencies that the company holds, including those of competing products and turn-over of each
Length of company's association with other principal
New agencies that the company obtained or lost during the past year
Company's total annual sales and the trends in its sales in recent years
Company's sales coverage, overall and by area
Number of sales calls per month and per salesman by company staff
Any major obstacles expected in the company's sales growth
Agent's capability to provide sales promotion and advertising services
Agent's transport facilities and warehousing capacity
Agent's rate of commission; payment terms required
References on the agents from banks, trade associations and major buyers
Some source of information on agents are:
Government Departments Trade Associations
Chambers of Commerce
Banks
Independent Consultants
Export Promotion Councils
Advertisement Abroad.
Specimen Copy of Agreement
An agreement made this the ....... day ....... of between .......(name and address) hereinafter called the exporters of the first part and ........ (name and address) hereinafter called the importers of the second part, wherein the exporters grant to the importers the importation and selling right in the territory of ..........(fill name of country) for .........(names and brief description of product) subject to the terms and conditions given below :
The exporter agrees that during the currency of the agreement he will not correspond or in any way deal with any part in the territory specified unless requested to do so by the importers.
The exporter agrees that any orders or enquiries relating to the specified territory received by him during the currency of this agreement will be passed on to the importers to deal with.
The exporter agrees that he will make shipment of all orders received from the importers by earliest shipping opportunity unless prevented from so doing by circumstances beyond the former's control.
The exporter agrees to charge the importers for all goods ordered during the currency of this agreement the prices detailed in Price List No. ......... appended to this agreement unless any order is received at least one month after notification of price changes by the exporter to the importer.
The exporter agrees to pay the importer commission on ......... (fill in the dates of each year during the currency of this agreement) at the rate of ...... per cent of ....... the F.O.B. value of all orders satisfactorily completed during the ...... months preceding the dates specified.
The exporter agrees that he will allow to the importers ........ per cent ....... of the value of all business satisfactorily completed with the importers during the currency of this agreement as contribution towards the importer's costs in publicizing the products covered by this agreement. This allowance is to be settled by deduction from the manufacturer's invoices to the importers.
The importers agree that during the currency of this agreement they will not sell, recommend or in any other way deal with any competing or rivaling lines in the territory specified.
The importers agree that they will use their best efforts and endeavors at all times during the currency of this agreement to promote the sales of products covered by this agreement.
The importers agree that they will make net and full payment for all goods ordered through confirmed and irrevocable letter of credit established in ........... (name of manufacturer's town or city). OR The importers agree that they will make net and full payment for all goods ordered against presentation of draft and shipping documents in ......... (name of importer's town or city). OR The importers agree that they will immediately upon presentation at ......... and retire such drafts net and in full upon maturity.
The importers agree that they will write to the manufacturer at least once each calendar month and will send to the manufacturer a full market report on the prospects for sale of the products covered by this agreement every six months.
The importer agrees that they will place regular and adequate order with the manufacturer amounting in total to not less than ........ during the first calendar year and not less than Rs. .......... in each and every subsequent year during the currency of this agreement.
This agreement shall become valid with effect from the date of shipment of the substantial order amounting in value of not less than Rs. ........ and remain in force for a period of twelve calendar months there from subject to either party being at liberty to terminate this agreement without notice in the event of the other party being in breach of any of the terms and conditions stated herein.
Notwithstanding anything herein aforesaid if during the first twelve calendar months the importers have placed satisfactory orders with the exporters amounting to not less than Rs. ....... this agreement shall be automatically renewed year after year provided that in the twelve calendar months immediately preceding the expiry date satisfactorily business amounting in total to not less than Rs. ....... has been placed by the importers with the manufacturer.
Any disputes arising under this agreement shall be settled in accordance with Indian Law in (.............)
Witness.............. (Exporter)
Witness.............. (Importer)
Acquire Export License
Exports free unless regulated: The current Export Licensing Policy of the Government of India is contained in the new Import Export Policy and Procedures, 1997-2002 as amended upto 31.3.1999. The Policy and Procedures are amended from time to time and for latest position kindly refer to. However, for the sake of information of the prospective exporters, it may be stated that all goods may be exported without any restriction except to the extent such exports are regulated by the ITC (HS) Classifications of Export and Import items or any other provisions of this policy or any other law for the time being in force. The Director General of Foreign Trade may, however, specify through a Public Notice such terms and conditions according to which any goods, not included in the ITC (HS) Classifications of Export and Import items may be exported without a license. Such terms and conditions may include Minimum Export Price (MEP), registration with specified authorities, quantitative ceilings and compliance with other laws, rules, regulations.
Application for an Export License: An application for grant of export license in respect of items mentioned in Schedule 2 of ITC (HS) Classifications of Export and Import items may be made in the form given in Appendix-18A or 18B or 18C, as the case may be, to the Director General of Foreign Trade and shall be accompanied by the documents prescribed therein. The Export Licensing Committee under the Chairmanship of Export Commissioner shall consider such applications on merits for issue of export licenses special High Powered Licensing Committee under the Chairmanship of Director General of Foreign Trade shall consider applications for export of dual purpose chemicals and for special materials, equipment and technologies, as specified in Schedule 2 Appendix 5 and Schedule 2 Appendix 6 respectively of the book p 7 3 titled ITC(HS) Classifications of Export and Import items on the basis of guidelines issued in this regard from time to time.
Export of Canalised Items: An application for export of canalised items mentioned in ITC (HS) Classifications of Export and Import items may be made to the Director General of Foreign Trade.
Trade Fairs/Exhibitions: Any Indian wishing to organise any Trade Fair/Exhibition in India or abroad, would be required to obtain a certificate from an officer of the rank not below that of an Under Secretary to the Government of India, in the Ministry of Commerce, or an Officer of India Trade Promotion Organisation, duly authorised by its chairman in this behalf, to the effect that such exhibition, fair or as the case may be, similar show or display, has been approved or sponsored by the Government of India in the Ministry of Commerce or the India Trade Promotion Organisation and the same is being held in public interest.
Gifts/Spares/Replacement Goods: For export of gifts, indigenous/imported spares and replacement goods in excess of the prescribed ceiling/period, an application may be made to the Director General of Foreign Trade.
Export through Courier Service: Import/Exports through a registered courier service is permitted as per the Notification issued by the Department of Revenue. However, importability/exportability of such items shall be regulated in accordance with the policy.
Acquire Export Credit Insurance
Export credit insurance protects you from the consequences of the payment risks, both political and commercial. It enables you to expand your overseas business without fear of loss. Further, it creates a favorable climate for you under which you can hope to get timely and liberal credit facilities from the banks at home.
You can obtain Export Credit Insurance from the Export Credit and Guarantee Corporation of India Limited. In order to provide you Export Credit Insurance, the following covers are issued by the ECGC :
Standard policies to protect you against the risk of not p 7 3 receiving payment while trading with overseas buyers on short-term credit.
Specific policies designed to protect you against the risk of not receiving payment in respect of:
exports on deferred payment terms
services rendered to foreign parties
construction work, including turnkey projects undertaken abroad
The policies are either:
Whole Turnover Policies in the form of 'Open Cover' in respect of shipments made during 24 months period. You have to obtain credit limit on each one of your buyers to enable ECGC to approve a limit on the basis of credit worthiness of the buyer. These policies are basically similar to whole turnover policies but only apply to specific contracts.
Specific Policies for exports of capital goods on medium or long-term credit, turnkey projects, civil construction works and technical services. These policies are basically similar to whole turnover policies but only apply to specific contracts.
Financial guarantees issued to banks against risk involved in providing credit or guarantee facilities to you, and
Special schemes viz. transfer guarantee issued to protect banks which add confirmation to letters of credit, Insurance cover for Buyers' Credit, Lines of Credit, Joint Ventures and Overseas Investment Insurance, and Exchange Fluctuation Risk Insurance. The other guarantees which banks can offer to you through ECGC schemes are :--- Bid Bonds,--- Advance Payments Guarantee,--- Bank guarantee for due performance of the contract by the exporter,---Bank guarantee for payment of retention money,--- Bank guarantee for loans in foreign currencies. Details of these schemes can be obtained from your own banker or local office of the Export Credit and Guarantee Corporation of India Ltd.
The Shipments (Comprehensive Risks) Policy is the one ideally suited to cover risks in respect of goods exported on short-term credit. Shipments to associates or to agents and those against letter of credit can be covered for only political risks by suitable endorsements to the shipments (comprehensive risks) Policy. Premium is charged on such shipments at lower rates.
For obtaining a policy you should apply to the nearest office of the ECGC in the prescribed Form no.121 (obtainable from ECGC) along with the following documents :
Bank Certificate about the financial position
Application form for fixing the credit limit
Name/address of foreign buyer fixing sub-limits
After examining the proposal, ECGC would send the exporter an offer letter stating the terms of its cover and premium rates. The policy will be issued after the exporter conveys his consent to the premium rate and pays a non-refundable policy fee of Rs. 100 for policies with maximum liability limit p 7 3 up to Rs. 5 lakhs; Rs. 200 between Rs. 5 lakhs and Rs. 20 lakhs and Rs. 100 for each additional Rs. 10 lakhs or part thereof subject to a ceiling of Rs. 2500.As commercial risks are not covered in the absence of a credit limit, you are advised to apply to ECGC for approval of credit limit on buyer in the prescribed Form No:144 (obtainable from ECGC) before making shipment. Credit limit is the limit up to which claim can be paid under the policy for losses on account of commercial risks. If no application for credit limit on a buyer has been made, ECGC accepts liability for commercial risks up to a maximum of Rs. 5,00,000 for D.P./C.A.D. transactions and Rs. 2,00,000 for D.A. transactions provided that at least three shipments have been effected to the buyer during the preceding two years on similar terms, at least one of them was not less than the discretionary limit availed of by the exporter and the buyer had made payment on the due dates.
Arranging Finance
Financial assistance to the exporters are generally provided by Commercial Banks, before shipment as well as after shipment of the said goods. The assistance provided before shipment of goods is known as per-shipment finance and that provided after the shipment of goods is known as post-shipment finance. Pre-shipment finance is given for working capital for purchase of raw-material, processing, packing, transportation, ware-housing etc. of the goods meant for export. Post-shipment finance is provided for bridging the gap between the shipment of goods and realization of export proceeds. The later is done by the Banks by purchasing or negotiating the export documents or by extending advance against export bills accepted on collection basis. While doing so, the Banks adjust the pre-shipment advance, if any, already granted to the exporter.
Pre-Shipment Finance
An application for pre-shipment advance should be made by you to your banker along with the following documents:
Confirmed export order/contract or L/C etc. in original. Where it is not available, an undertaking to the effect that the same will be produced to the bank within a reasonable time for verification and endorsement should be given. An undertaking that the advance will be utilised for the specific purpose of procuring/manufacturing/shipping etc., of the goods meant for export only, as stated in the relative confirmed export order or the L/C. If you are a sub-supplier and want to supply the goods to the Export/Trading/Star Trading House or Merchant Exporter, an undertaking from the Merchant
Exporter or Export/Trading/Star Trading House stating that they have not/will p 7 3 not avail themselves of packing credit facility against the same transaction for the same purpose till the original packing credit is liquidated. Copies of Income Tax/Wealth Tax assessment Order for the last 2-3 years in the case of sole proprietary and partnership firm. Copy of Exporter's Code Number (CNX). Copy of a valid RCMC (Registration-cum-Membership Certificate) held by you and/or the Export/Trading/Star Trading House Certificate. Appropriate policy/guarantee of the ECGC.
Any other document required by the Bank. For encouraging exports, R.B.I. has instructed the banks to grant pre-shipment advance at a concessional rate of interest. The present rate of interest is 10% p.a. for preshipment advance upto an initial period of 180 days. Preshipment advance for a further period of 90 days is given at the concessional rate of 13% p.a. Banks are free to determine the interest rate for advances beyond 270 days and upto 360 days.
Following special schemes are also available in respect of pre-shipment finance:
Exim Bank's scheme for grant of foreign currency pre-shipment credit to exporters for financing cost of imported inputs for manufacture of export products.
Scheme of export packing credit to sub-suppliers from export order.
Packing credit for deemed exports.
Pre-shipment Credit in Foreign Currency (PCFC). For further details refer to Nabhi's "How to Borrow from Financial and Banking Institutions".
Post Shipment Finance
Post-shipment finance is the finance provided against shipping documents. It is also provided against duty drawback claims. It is provided in the following forms:
Purchase of Export Documents drawn under Export Order: Purchase or discount facilities in respect of export bills drawn under confirmed export order are generally granted to the customers who are enjoying Bill Purchase/Discounting limits from the Bank. As in case of purchase or discounting of export documents drawn under export order, the security offered under L/C by way of substitution of credit-worthiness of the buyer by the issuing bank is not available, the bank financing is totally dependent upon the credit worthiness of the buyer, i.e. the importer, as well as that of the exporter or the beneficiary. The documents dawn on DP basis are parted with through foreign correspondent only when payment is received while in case of DA bills documents (including that of title to the goods) are passed on to the overseas importer against the acceptance of the draft to make payment on maturity. DA bills are thus unsecured. The bank financing against export bills is open to the risk of non-payment. Banks, in order to enhance security, generally opt for ECGC policies and guarantees which are issued in favor of the exporter/banks to protect their interest on percentage basis in case of non-payment or delayed payment which is not on account of mischief, mistake or negligence on the part of exporter. Within the total limit of policy issued to the customer, drawee-wise limits are generally fixed for individual customers. At the time of purchasing the bill bank has to ascertain that this drawee limit is not exceeded so as to make the bank ineligible for claim in case of non-payment.
Advances against Export Bills Sent on Collection: It may sometimes be possible to avail advance against export bills sent on collection. In such cases the export bills are sent by the bank on collection basis as against their purchase/discounting by the bank. Advance against such bills is granted by way of a 'separate loan' usually termed as 'post-shipment loan'. This facility is, in fact, another form of post- shipment advance and is sanctioned by the bank on the same terms and conditions as applicable to the facility of Negotiation/Purchase/Discount of export bills. A margin of 10 to 25% is, however, stipulated in such cases. The rates of interest etc., chargeable on this facility are also governed by the same rules. This type of facility is, however, not very popular and most of the advances against export bills are made by the bank by way of negotiation/purchase/discount.
Advance against Goods Sent on Consignment Basis: When the goods are exported on consignment basis at the risk of the exporter for sale and eventual remittance of sale proceeds to him by the agent/consignee, bank may finance against such transaction subject to the customer enjoying specific limit to that effect. However, the bank should ensure while forwarding shipping documents to its overseas branch/correspondent to instruct the latter to deliver the document only against Trust Receipt/Undertaking to deliver the sale proceeds by specified date, which should be within the prescribed date even if according to the practice in certain trades a bill for part of the estimated value is drawn in advance against the exports.
Advance against Undrawn Balance: In certain lines of export it is the trade practice that bills are not to be drawn for the full invoice value of the goods but to leave small part undrawn for payment after adjustment due to difference in rates, weight, quality etc. to be ascertained after approval and inspection of the goods. Banks do finance against the undrawn balance if undrawn balance is in conformity with the normal level of balance left undrawn in the particular line of export subject to a maximum of 10% of the value of export and an undertaking is obtained from the exporter that he will, within 6 months from due date of payment or the date of shipment of the goods, whichever is earlier surrender balance proceeds of the shipment. Against the specific prior approval from Reserve Bank of India the percentage of undrawn balance can be enhanced by the exporter and the finance can be made available accordingly at higher rate. Since the actual amount to be realised out of the undrawn balance, may be less than the undrawn balance, it is necessary to keep a margin on such advance.
Advance against Retention Money: Banks also grant advances against retention money, which is payable within one year from the date of shipment, at a concessional rate of interest up to 90 days. If such advances extend beyond one year, they are treated as deferred payment advances which are also eligible for concessional rate of interest.
Advances against Claims of Duty Drawback: Duty Drawback is permitted against exports of different categories of goods under the 'Customs and Central Excise Duty Drawback Rules, 1995'. Drawback in relation to goods manufactured in India and exported means a rebate of duties chargeable on any imported materials or excisable materials used in manufacture of such goods in India or rebate on excise duty chargeable under Central Excises Act, 1944 on certain specified goods. The Duty Drawback Scheme is administered by Directorate of Duty Drawback in the Ministry of Finance. The claims of duty drawback are settled by Custom House at the rates determined and notified by the Directorate. As per the present procedure, no separate claim of duty drawback is to be filed by the exporter. A copy of the shipping bill presented by the exporter at the time of making shipment of goods serves the purpose of claim of duty drawback as well. This claim is provisionally accepted by the customs at the time of shipment and the shipping bill is duly verified. The claim is settled by customs office later. As a further incentive to exporters, Customs Houses at Delhi, Mumbai, Calcutta, Chennai, Chandigarh, Hyderabad have evolved a simplified procedure under which claims of duty drawback are settled immediately after shipment and no funds of exporter are blocked.
However, where settlement is not possible under the simplified procedure exporters may obtain advances against claims of duty drawback as provisionally certified by customs.
Negotiation of Export documents Drawn under L/C: This aspect has been discussed in the chapter on Special Care for negotiation of Export Documents under Letter of Credit.
Rates of Interest
The rate of interest depends on the nature of the Bills, i.e., whether it is a demand bill or usance bill. Like pre-shipment, post-shipment finance is also available at concessional rate of interest. Present Rates of interest are as under:
Demand Bills for transit period Not exceeding ( as specified by FEDAI) 10% p.a.
Usance Bills (for total period comprising usance period of ex-port bills, transit period as specified by FEDAI and grace period, wherever applicable:
Upto 90 days 10% p.a.
Beyond 90 days and upto six 12% p.a.months from the date of shipment.
Beyond six months from the 20% date of Shipment (Minimum)
Against duty drawback etc., receive- Not exce-vable from Government covered by adding 10%ECGC guarantees (upto 90 days) p.a. 4. Against undrawn balance (upto 90 days) -- do -- 5.Against retention money (for suppl- -- do -- ies portion only) payable within one year from the date of shipment (upto90 days)
Normal Transit Period: Foreign Exchange Dealers Association of India (FEDAI) has fixed transit period for export bills drawn on different countries in the world. The concept of this transit period is that an export bill should normally be realised within that period. The transit period so fixed by FEDAI is known as 'Normal Transit Period' and mainly depends on geographical location of a particular country.
Direct and Indirect Bill: If the currency of the bill is the same as the currency of the country on which it is drawn, it is termed as direct bill, e.g. an export bill in US $ drawn on a place in U.S.A. However, if the currency of the bill in which it is drawn is different than the currency of the country on which it is drawn, it is termed as indirect bill, e.g. an export bill in US $ drawn on a place in Japan. The normal transit period fixed for indirect bill is on higher side as compared to transit period fixed for direct bills.
Notional Due Date: To determine the due date of an export bill we have to consider the following 3 components: (1) Normal transit period as fixed by FEDAI (2) Usance period of the bill (3) Grace period if applicable in the country on which the bill is drawn. Grace period is applicable only in the case of usance bills. The notional due date of an export bill may thus be calculated after adding all the above 3 components The concessional rate of interest is chargeable upto the notional due date subject to a maximum of 90 days.
FORFAITING FINANCE BY AUTHORISED DEALERS: Reserve Bank has now permitted the authorised dealers (Banks) to arrange forfeiting of medium term export receivables p 7 3 on the same lines as per the scheme of EXIM Bank and many International forfeiting agencies have now become active in Indian market. Forfeiting may be usefully employed as an additional window of export finance particularly for exports to those countries for which normal exports credit is not intended by the commercial banks.It must be noted that charges of forfaiting are eventually to be passed on to the ultimate buyer and should, therefore, be so declared on relative export declaration forms.
EXTERNAL COMMERCIAL BORROWINGS: Proposals for raising foreign currency loans/credits viz., Buyer's Credits, Supplier's Credits or Lines of Credits by firms/companies/lending institutions, banks, etc. for financing cost of import of goods, technology or for any other purposes, other than short-term loans/credits maturing within one year should first be submitted to government of India, Ministry of Finance (Department Economic Affairs), ECB Division, New Delhi for necessary clearance. The proposals are considered by the government on merits of each case and in the light of prevailing Government policy. For details refer to (1) NABHI'S FOREIGN EXCHANGE MANUAL & (2) NABHI'S MANUAL OF SEBI GUIDELINES ON CAPITAL ISSUES, EURO ISSUES, MERCHANT BANKNG & MUTUAL FUNDS
EXIM BANK FINANCE: Besides commercial banks,export finance is also made available by the EXIM bank. The EXIM bank provides financial assistance to promote Indian exports through direct financial assistance , overseas investment finance, term finance for export production and export development, pre-shipment credit, lines of credit, re-lending facility, export bills re-discounting, refinance to commercial banks, finance for computer software exports, finance for export marketing and bulk import finance to commercial banks. The EXIM Bank also extends non-funded facility to Indian exports in the form of guarantees. The diversified lending programme of the EXIM Bank now covers various stages of exports, i.e. from the development export markets to expansion of production capacity for exports, production for export and post shipment financing. The EXIM Bank's focus is on export of manufactured goods, project exports, exports of technology, services and export of computer software.
Forfaiting Finance from EXIM Bank: A new financing option for the Indian exporters is available under the forfaiting finance Scheme recently introduced by the EXIM Bank. Forfaiting is a form of trade finance involving discounting of medium-term export receivables with or without recourse to the exporter. The arrangement envisages discounting by Indian exporters of bill of exchange/promissory notes relating to export transactions which are "avalised" or guaranteed by the buyer's bankers with overseas forfaiting agencies on "without recourse" basis.Briefly, the procedure involved in the scheme of for p 7 3 faiting finance by the Exim Bank is as follows:
Exporter initiates negotiations with the prospective overseas buyer with regard to the basic contract price, period of credit, rate of interest, etc., After successful negotiations, he furnishes the relevant particulars such as name and country of overseas buyer, contract value, nature of goods, tenure of credit, name and country of guaranteeing bankers to the Exim Bank and requests for an indicative discounting quote. Exim Bank obtains the indicative quote of forfaiting discount together with commitment fee and other charges, if any, to be paid by the exporter, from an overseas forfaiting agency.
On receipt of the indicative quote from the Exim Bank, the exporter finalises the terms of the contract, loading the discount and other charges in the value and approaches Exim Bank for obtaining a firm quote. Exim Bank arranges to get the same from an appropriate overseas forfaiting agency and furnishes the same to the exporter. At this stage, exporter would be required to confirm acceptance of the arrangement to Exim Bank within a specific period as stipulated by that Bank.
The export contract clearly indicates that the overseas buyer shall prepare a series of avalised Promissory Notes in favour of the exporter and hand them over against the shipping documents to his banker. The Prommissory Notes will be endorsed with the words without recourse by the exporter and handed over to his banker in India for onward transmission to the Exim Bank.
Alternatively, the export contract may provide for exporter to draw a series of Bills of exchange on the overseas buyer which will be sent with the shipping documents through latter's banker for acceptance by the overseas buyer. Overseas buyer's banker will handover the documents against acceptance of Bills of Exchange by the buyer and signature of 'aval' or the guaranteeing bank. Avalised and accepted bills of exchange will be returned to the exporter through his banker. Exporter will endorse avalised Bills of Exchange with the words 'without recourse' and return them to his banker for onward transmission to the Exim Bank.
Exim Bank will forward the Bills of Exchange/Promissory Notes after verification to the forfaiting agency for discounting by the latter.
Exim Bank will arrange to collect the discounted proceeds of Promissory Notes/Bills of Exchange from the overseas forfaiting agency and effect payment to the nostro account of the exporter's bank as per the latter's instruction.
Understand Foreign Exchange Rates & Protect Against their Adverse Movement
Exchange Rates: Export contracts are concluded either in Indian rupee or in foreign currency. Where the contracts are in Indian rupee, the related documents are also prepared in Indian rupees and no conversion is involved. However, where the bill is drawn in foreign currency, like US $, , DM etc., you will get Indian rupees only after the conversion of foreign currency at the appropriate exchange rate. Thus the exchange rates become very important to determine the Indian rupees payable. A favorable exchange rate will fetch you more rupees and vice-versa. It, therefore, becomes essential for you to gain some basic knowledge about exchange rate, the working out of its quotation by the banks, the factors determining the exchange rates in the market and the precautions you should take so as to avoid possible losses in future, due to adverse movement of the exchange rates. In the following paragraphs we shall endeavor to explain these issues. The rates applied by the banks for converting foreign currency into Indian rupees and vice versa are known as exchange rates. In other words, exchange rate is the rate at which one currency can be exchanged for another. There are two systems of quoting exchange rates :
Direct Quotation: Where the price of foreign currency is quoted in terms of home or local currency. In this system variable units of home currency equivalent to a fixed unit of foreign currency is quoted. For example : US $ 1 = Rs. 40.00
Indirect Quotation: Where exchange rates are quoted in terms of variable units of foreign currency as equivalent to a fixed number of units of home currency. For example : US $ 2,500 = Rs. 40.00 Till 1.8.1993 banks were required to quote all the rates on indirect basis as foreign currency equivalent to Rs. 100 except in case of sale/purchase of foreign currency notes and traveller cheques where exchange rates on direct quotation basis were quoted.
From 2.8.1993 banks are quoting rates on direct basis only.There is distinction between inter-bank exchange rates and merchant rates. Merchant rates are the exchange rates applied by the bankers for transactions with their customers for various purposes, such as import, export, travel, remittances etc. These rates are calculated by the banks as per the guidelines issued by the Foreign Exchange Dealers Association of India (FEDAI). On the other hand inter-bank rates are the rates for transactions amongst the authorised dealers in foreign exchange. These rates depend on the market conditions. It is not in out of place to mention here that exchange rates are volatile and, therefore, you should make sincere efforts to choose appropriate time for tendering your export documents to the bank for purchase/negotiation. Therefore, plan your affairs in such a way that the documents are delivered to the bank when exchange rates are favorable enabling you to get more Indian rupees after conversion of foreign currency amount of the bill into Indian rupees. A distinction is also made between spot rates and forward rates. Spot rates are applicable on the day of transact p 7 3 tion , i.e, the same day, whereas forward rates are the rates fixed in advance for a transaction which will mature at a specified date or during a specified period in future. Quotations for spot rates only are generally available and the customers have to enter into specific contracts for forward rates. Foreign exchange rates are always quoted as two way price i.e., a rate at which the bank is willing to buy foreign currency (buying rate) and a rate at which the bank sells foreign currency (selling rate). Banks do expect some profit in exchange operations and there is always some difference in buying and selling rates. However, the maximum spread available to banks is restricted in terms of ceiling imposed by Reserve Bank of India. All exchange rates by authorised dealers are quoted in terms of their capacity as buyer or seller. Different sets of exchange rates are applied for various types of foreign exchange transactions as under :
TT Selling Rate: This rate is applied for all clean remittances outside India i.e., for selling foreign currency to its customer by the bank such as for issuance of bank drafts, mail/telegraphic transfers etc. Bill Selling Rate: This rate is applied for all foreign remittances outside India as proceeds of import bills payable in India. This rate is a little worse than TT selling rate.
TT Buying Rate: This rate is appled for purchase of foreign currency by banks where cover is already obtained by banks in India. Thus all foreign inward remittances which are made payable in India are converted by applying this rate. A mail transfer issued by a bank in Dubai for US $ 10,000 drawn on (say) Oriental Bank of Commerce in New York.
Bills Rate: This rate is applied for purchase of sight export bills which will result in foreign remittance to India after realisation. This rate is worsen than TT buying rate and, in addition, interest will also be recovered by the bank for the period for which the bank is out of funds.
Forward Contracts
Elimination of exchange risk due to movement in the exchange rat can be avoided by the following options:
By invoicing in Indian Rupees.
By fixing the Foreign Exchange Contract.
First alternative is possible only when the buyer agrees to it. He may have his own reasons for not agreeing to invoice in Indian rupees. The second alternative is commonly resorted to. This alternative involves booking of forward exchange contract with your bank.
This means that pending submission of documents to the bank for purchase/negotiation, you have made firm commitment with the bank under which you agree to sell to the bank foreign exchange at a future date/period and the bank agrees to purchase at the firm rate the foreign exchange to be tendered by you on that date / during the agreed period.
Thus you are in a position to know in advance the exchange rate you are going to get on submission of your export documents. Thus, though you have to pay some charge for booking a forward contract, you are certain about the rupee amount of the bill on conversion of foreign currency at a future date. For booking a forward contract, you should approach your bank with whom you are enjoying a credit limit.
The bank will book a forward contract only against a firm export order showing description and quantity of the goods to be supplied, aggregate price and approximate date of shipment. The bank can accept telex, cable order/fax in this regard, provided you give an undertaking to produce the original one. Where shipment has already been completed, forward contract will be booked on the basis of export bill tendered by you. It can also be booked against an irrevocable Letter of Credit provided L/C is complete in all respects and you give a declaration to the bank that you have not booked any forward contract against the underlying sale contract covering shipments under the L/C.You must ensure delivery of the related documents within the agreed period of the contract. In case you fail to deliver the documents within the specified period, the forward contract needs to be cancelled and fresh contract booked for which your bank will levy cancellation charges as per the FEDAI Rules.
In case the documents are delivered before the stipulated period, it will involve early delivery and bank will levy charges for the early delivery, as per FEDAI Rules. Where the documents are not delivered at all, contract has to be cancelled either at your request or by the bank itself under certain circumstances, and this will entail cancellation charges as per the FEDAI Rules.
It, therefore becomes extremely important that the period of delivery of the export documents is carefully chosen and strictly adhered to, so as to avoid unnecessary charges on account of early delivery or cancellation of forward contracts. However, facility for substitution of export order is permitted by RBI on specific request if the unfulfilled export order and the substituted order is for the same commodity.
Procuring/Manufacturing Goods for Export & their Inspection by Government Authorities
Procuring / Manufacturing Goods
Once you are ready with the infrastructure for exporting goods and have obtained necessary finance, you should proceed to procure the goods for export. Procuring the goods should be done with extreme care and caution as to the quality and cost. However, procuring the raw materials etc. and manufacturing the goods for export will need extra efforts on your part. If you are an established exporter, you can have the facility of procuring raw materials under the Duty Exemption Scheme.
Compulsory Quality Control & Preshipment Inspection
An important aspect about the goods to be exported is compulsory quality control and pre-shipment inspection. Under the Export(Quality Control and Inspection) Act, 1963, about 1000 commodities under the major groups of Food and Agriculture, Fishery, Minerals, Organic and Inorganic Chemicals, Rubber Products, Refractoriness, Ceramic Products, Pesticides, Light Engineering, Steel Products, Jute Products, Coir and Coir Products, Footwear and Footwear Products / Components are subject to compulsory pre-shipment inspection.
At times, foreign buyers lay down their own standards / specifications which may or may not be in consonance with the Indian standards. They may also insist upon inspection by their own nominated agencies. These issues should be sorted out before confirmation of order. Specific provisions have also been made for compulsory inspection of textile goods.
Products having ISI Certification mark or Agmark are not required to be inspected by any agency. These products do not fall within the purview of the export inspection agencies network. The Customs Authorities allow export of such goods even if not accompanied by any pre-shipment inspection certificate, provided they are otherwise satisfied that the goods carry ISI Certification or the Agmark.
Depending upon the nature of products, goods meant for export are inspected for quality in the following manner: Consignment to Consignment Inspection Each individual consignment is inspected by the Export Inspection Agency, Commodity Board and certificate of inspection is issued. The application for inspection for goods has to be submitted well in advance before the expected date of shipment of the consignment. Inspection of the consignment is generally carried out either at the premises of the exporter, provided adequate facilities exist therein for inspection, or at the port of shipment. The export inspection agency has a right to exercise supervision of inspected consignment(s) at any place or time.
The application should be made in duplicate in the new prescribed form 'Intimation for Inspection' as per standardised pre-shipment export documents to the nearest office of the respective Export Inspection Agency along with the following documents :
Particulars of the consignment intended to be exported. A crossed cheque/draft for the amount of requisite inspection fees or an Indian Postal Order.
Copy of the Commercial Invoice.
Copy of letter of credit.
Details of packing specifications.
Copy of the export order/contract, indicating inter alia the buyer's requirement that goods are strictly according to the prescribed specifications, or as per samples etc.
After satisfying itself that the consignment of exportable goods meets the requirements stipulated in the export contract/order, the inspection agency issues, generally within four days of receipt of intimation for inspection, the necessary certificate of inspection to the exporter in the prescribed proforma in five copies.
The certificate is issued in the standardised form which is aligned pre-shipment export document. (Three copies for exporter, original copy for customs use, the second copy for the use of the foreign buyer and the third copy for the exporter's use, fourth copy for Data Bank, Export Inspection Council, New Delhi and the fifth copy is retained with the agency for their own office record).
In-Process Quality Control (IPQC)
Certain products like chemicals or engineering goods are subject to this control. The inspection is done at various stages of production. The exporter has to get his unit registered as "Export Worthy" and keep record of processing and production. Inspection by the officers of Export Inspection Agency is done from time to time. The certification of inspection on the end-products is then given without in-depth study at the shipment stage. Under this system, export is allowed on the basis of adequacy of in-process quality control and inspection measures exercised by the manufacturing units themselves. The certificates of inspection in favor of the units approved under the scheme are issued by the Export Inspection Agencies (EIAs) in the normal course. However, these units are kept under surveillance by the EIAs and random spot checks of the consignments are carried out by them. Units approved under this system of in-process quality control may themselves issue the certificate of inspection, but only for the products for which they have been granted IPQC facilities. However, these units have the option either to get the certificate from the Export Inspection Agencies (EIAs) or issue the same themselves. Consequently, the manufacturer exporters of products approved under the IPQC have been recognised as an agency for pre-shipment inspection for export of engineering products for which they have been approved by the Export Inspection Agencies at Bombay, Calcutta, Cochin, Delhi and Madras.
Self Certification Scheme
Large manufacturers/exporters, export houses/tradingp 7 3 houses are allowed the facility of Self-Certification on the theory that the exporter himself is the best judge of the quality of his products and will not allow his reputation to be spoiled in the international market by compromising on quality. The industrial units having proven reputation and adequate testing facilities have to apply to the Director (Inspection and Quality Control), Export Inspection Council of India, 11th Floor, Pragati Tower, 26 Rajendra Place, New Delhi-110008. They are granted a certificate valid for a period of one year, allowing them self-certification facility. The facility is available to manufacturers of engineering products, chemical and allied products and marine products. During this period the exporter can issue a certificate signed by himself or by a person authorised by him. The certificate has to indicate the number and date of EIA's reference for registration under Self-Certification Scheme. It has to be issued in the aligned format as per new standardised pre-shipment documents. The approval of an industrial unit under this scheme is notified in the Gazette of India and the exporter has to pay a lump sum fee to the export inspection agencies depending upon his export turnover.
Minimum Quality Norms prescribed by the Export Inspection Council should be maintained and achieved for the grant of facility under Self-Certification Scheme.
ISO 9000
The discussion on quality control and preshipment inspection will be incomplete without saying a few words about ISO 9000.The ISO-9000 Series of Standards evolved by the International Standards Organisation has been accepted worldwide as the norm assuring high quality of goods. The ISO-9000 is also the hallmark of a good quality- oriented system for suppliers and manufacturers. It identifies the basic principles underlying quality, and specifies the procedures and criteria to be followed to ensure that what leaves the manufacturer / supplier's premises fully meets the customers requirements. The ISO-9000 series of standards are basically quality assurance standards and not product standards.ISO-9000 spells out how a company can establish, document and maintain an effective and economic quality control system which will demonstrate to the customer that the company is committed to quality. The series of Standards aims the following:
Increased customer confidence in the company
Shift from a system of inspection, to one of quality management
Removing the need for multiple assessments of suppliers
Gaining management commitment
Linking quality to cost-effectiveness
Giving customers what they need
The implementation of ISO-9000 Standards involves:
Management education
Writing quality policy
Nominating a quality representative
Identifying responsibilities
Identifying business processes
Writing a quality manual
Writing procedures
Writing work instructions
It is thus clear that the ISO-9000 series of standards constitute of concept of Total Quality Management (TQM).
Labeling, Packaging, Packing and Marking Goods
An important stage after manufacturing of goods or their procurement is their preparation for shipment. This involves labeling, packaging, packing and marking of export consignments. Labeling requirements differ from country to country and the same should be ascertained well in advance from the buyer. The label should indicate quality, quantity, method of use etc. Special international care labels have been specified for the textile items by GINITEX, and the same should be scrupulously adhered to. Packaging fulfills a vital role in helping to get your export products to the market in top condition, as well as in presenting your goods to the overseas buyer in an attractive way. While packaging, quality should not be compromised merely to cut down costs, packaging should also be in conformity with the instructions issued by the importer. Packing refers to the external containers used for transportation . The shape of packing cases play a very important role in packing the cargo, and the nature of packing material to be used will depend upon the items exported As regard specification for the size, weight and strength care must be taken to ensure that the weight of standard case does not exceed 50 Kg. for easy handling of the cargo. Before packing and sealing the goods, it should be ensured that all the contents are properly placed in the case and the list of contents of packing notes should be prepared so that the buyer, the Customs authorities and the Insurance authorities can easily check the contents of each and every case.
The consolidated statement of contents for a number of case is called the Packing List, which should be prepared in the prescribed standardised format.
Marking means to mark the address, number of packages etc. on the packets. It is essential for identification purpose and should provide information on exporters' mark, port of destination, place of destination, order number and date, gross, net and tare weight and handling instructions. It should also be ensured that while putting marks, the law of buyer's country is duly compiled with.
All shipping cases should be marked a number with special symbols selected by the exporters or the importers, so that the competitors cannot find out the details of the customers and the country of destination or supplier's country of despatch. Care should also be taken to ensure that the marking conforms to those written in the invoice, insurance certificate, bill of lading and other documents. The International Cargo Handling Co-ordination, Association has set out for the use of exporters a number of recommendations for the marking of goods carried by ocean-going vessels. They are equally useful for sending goods by other modes of transportation.
Suggestions:
The marks should appear in certain order. Essential data should be placed in oblong frames with lines 1.5 centimeters thick, and subsidiary information should be placed in another type of frame.
Declaration on large packages should be placed on two continuous sides, and for consignments bound together on a pallet, also on the top.
Handling instructions should be placed on all four sides. Similar packages, such as goods in sacks, should be marked on two opposite sides.
Lettering should be at least 7.5 centimeters high for essential data, and at least 3.5 centimeters for subsidiary data. If the package is too small for such letter, other sizes may be used, but in the same ratio. The sizes of the symbols should also be in proportion to the size of the package and of the other markings.
Only fast dyes should be used for lettering. Essential data should be in black and subsidiary data in a less conspicuous colour; red and orange lettering should be reversed for dangerous goods only. For food packed in sacks, only harmless dyes should be employed, and the dye should not come through the packing in such a way as to affect the goods.
Stick-on labels should only be used on individual package or parcel and all old labels should be removed. Marking should be made by stencil or by branding or by pencil or brush without a stencil. If stencils are used, care should be taken that the letters and figures are perfectly legible to prevent confusion. This is especially true of the letters and figures --- B.R.P, O, G-G-D-C, H.N; 3-8 : 6-9 and 1-7.
The surface to be marked should be smooth and clean. If packages are to be bonded, they can be marked before this is done; the hoops should not however, cover the markings.
The figure should indicate the total number of packages making up the consignment and the consecutive number of the individual package. For example :1520/15/1 identifies the first package of a total number of 15 packets and 1520/15/15 the last one.
The name of the ship and the bill of lading number should be shown when this is possible. Handling instructions must appear in the language of the exporter and importer, and also, if possible, in the language of the countries where goods are to be handled en route or trans shipped.
New Excise Procedure
All excisable goods exported out of India are exempt from payment of Central Excise Duties, for which two different procedures have been approved
Rebate of Duty on Goods Export Procedure
Under the first procedure, known as 'Rebate of duty on Goods Export. The manufacturer has first to pay the excise duty on goods meant for export and then claim refund of the same after exportation of such goods to countries except Nepal and Bhutan. This is done under Rule 12 of Central Excise Rules. Under this rule, rebate of duty is granted for the finished stage as well as input stage. Rebate of duty in respect of the excisable materials used in the manufacture of the exported goods shall not be allowed if the exporter avails of the drawback allowed under the Customs and Central Excise Duties Drawback Rules, 1995 or Modvat. The following procedure should be followed while exporting under the rebate of duty. Removal of goods under claim of rebate from a factory or warehouse without examination by the Central Excise Officers. The exporters are allowed to remove the goods for export on their own without getting the goods examined by the Central Excise Officers. Form AR4 in such cases should be prepared in sixtuplicate, giving all particulars and declarations. The exporter shall deliver triplicate, and quadruplicate, quintuplicateand sixtuplicate copies of AR4 to the Superintendent of Central Excise having jurisdiction over the factory or the warehouse, within 24 hours of the removal of the consignment and would retain the original and duplicate copies for presenting along with the consignment to the Customs Officer at the point of export. The jurisdictional superintendent of Central Excise examines the information contained in AR4 and verifies the facts of payment of duty and other certificates/declarations made by the exporter. After he is satisfied that the information contained in the AR4 is true, he signs at appropriate places in the four copies of AR4 submitted to him and plus his stamp with his name and designation below his signature. He would then dispose of the triplicate, quadruplicate, quintuplicate and sixtuplicate copies of AR4 as under:-
Triplicate: To there bate sanctioning authority viz. Maritime Commissioner of Central Excise or the assistant commissioner of Central Excise declared by the exporter on the AR4. This copy on the request of exporter may be sealed and handed over to the exporter / his authorized agent for presenting to the rebate sanctioning authority.
Quadruplicate: To the Chief Accounts Officer in the Commissionerate Headquarters.
Quintuplicate: Office copy to be retained by the Central Excise Officer.
Sixtuplicate: To be given to the exporter.
Procedure for exports under Central Excise Seal Where the exporter desires the sealing of the goods by the Central Excise Officers so that the export goods may not be examined by the Customs Officers at the Port/Airport of shipment, he should present an AR4 application in sixtuplicate to the Superintendent of Central Excise having jurisdiction over the factory/warehouse at least 24 hours before the intended removal of the export goods from the factory/warehouse. The Superintendent of Central Excise may depute an Inspector of Central Excise or may himself go for sealing and examination of the export consignment. Where the AR4 indicates that the export is in discharge of an export obligation under a Quantity-based advance License or a Value-based Advance License issued under the Duty Exemption Scheme, in such cases the consignment is invariably examined and sealed by the Superintendent of Central Excise himself. The Central Excise Officer examining the consignment would draw samples wherever necessary in triplicate. He would hand over two sets of samples, duly sealed, to the exporter or his authorized agent, for delivering to the Customs Officers at the point of export. He would retain the third set for his records. The export consignment is carefully examined vis-`-vis the description of goods, their value and other particulars/declarations on the AR4. The Central Excise Officer verifies the facts of payment of duty and other certificates/declarations made by the exporter. After he is satisfied that the information contained in the AR4 is true he would allow the clearances and also sign all the six copies of the AR4 at appropriate places and put his stamp with his name and designation below his signature. The copies of AR4 are disposed of as under:
Original and Duplicate: To the exporter for presenting to Customs Officer at the point of export along with the export consignment.
Triplicate: To the rebate sanctioning authority i.e. Maritime Commissioner of Central Excise or the jurisdictional Assistant Commissioner of Central Excise, as declared by the exporter on the AR4. The Central Excise officer may handover this copy under the sealed cover on exporter's request.
Quadruplicate: To the Chief Accounts Officer at his Commissionerate Headquarters.
Quintuplicate: To be retained for records.
Export under Bond Procedure
Under the second procedure known as "Exports Under Bond" goods can be exported out of India except to Nepal or Bhutan without prior payment of duty subject to the execution of the Bond with security / security for a sum equivalent to the duty chargeable on the goods to be exported. This is done under Rule 13 of Central Excise Rules which deals with export of goods in Bond as well as utilisation of raw materials etc. without payment of duty for manufacture and export of excisable goods. The following procedure has been prescribed in this regard.