INTERNATIONAL TRADE The Chartered Accountant • February 2023 • Vol. 71 • No. 08 • pp. 62–66 (Journal pp. 890–894)

Framework for Export Promotion Capital Goods- EPCG

NA
CA. Neeraj Agarwal
Author is member of the Institute • Contact: agarwalneeraj22@gmail.com / eboard@icai.in

Core Statutory Purpose & Negative List Regulation

Govt of India, to increase export of services/goods from India to foreign countries, has started this scheme in which the custom duty to be paid on import of certain capital goods shall be charged at zero rate if the importer of such goods manages to fulfil certain export obligations. Directorate General of Foreign Trade (DGFT) vide Public Notice No. 47/2015-2020 issued on 6th December 2017 have put certain capital goods on the negative list i.e., these goods cannot be imported under the EPCG scheme. Examples being construction materials, airport ground handling equipment etc.

The importer of capital goods shall have to commit to a revenue generation in foreign currency at least 6 times of the Duty saved within a span of 6 years from the issue of the EPCG license. In case license holders are not able to fulfil their obligations (both Block Obligation (BO) or Export Obligation (EO)) then they have the option of applying of extension also.

❖ EPCG Scheme End-to-End Operational Lifecycle

The entire procedural flow from authorization, duty exemption, block monitoring, extension, to redemption or adjudication is illustrated in the structural diagram below:

Apply for EPCG scheme
↓
Authorisation given
Import Good on zero duty
Import not done:
Authorisation fails after 18 months / validity window
↓
Fulfill Block Obligation (BO) [50% of EO within 4 Years]
✔ YES
Inform local RA with requisite documents
Fulfill Export Obligation (EO) [100% within 6 Years]
EO Met: Submit requisite documents with RA & close the license (Redemption)
EO Not Met: Apply for EO extension
✖ NO
Apply for BO extension (Pay composite fees)
Complete BO and EO together by 6th year
Post Extension Outcomes:
EO fulfilled post extension:
Apply for formal closure of license
EO not fulfilled post extension:
• Pay Duty with 15% interest p.a.
• OR Apply to EPCG Committee (PRC)
Authorisation not given
↓
Pay Standard Import Duty at Customs

1. What is EPCG? Concept & Regulatory Aegis

As the name suggests, it’s a scheme to promote export, but what is the meaning of the next two words i.e. Capital Goods in relation to Export promotion? Well, the Government of India, to increase export of services and goods from India to foreign countries, has started this scheme in which the custom duty to be paid on import of certain capital goods shall be waived off if the importer of such goods manages to fulfil certain export obligations.

The scheme is formulated and maintained by the Directorate General of Foreign Trade (DGFT) under the aegis of the Union Ministry of Commerce & Industry.

Statutory Validity Period for Import:

EPCG authorization shall be valid for import for 24 months from the date of issue of authorization i.e., post the authorisation to import the goods under EPCG scheme, the applicant needs to purchase and import the same within 24 months of the authorisation date.

2. How Does the Scheme Work? Export Obligation & Block Obligation

The importer of capital goods shall have to commit to a revenue generation in foreign currency at least 6 times of the Duty saved within a span of 6 years from the issue of the EPCG license. This 6 times obligation is called Export Obligation (EO).

The importer also has to at least satisfy 50 percent of the EO by the end of 4th year. This first period of 4 years is designated as the first block and hence this 50 percent obligation is called Block Obligation (BO). The remaining two years are called the second block.

  • First Block (End of Year 4): The importer at the end of first block needs to submit necessary documents to the local Regional Authority (RA) to support his claim of fulfilling the BO (at least 50% of total EO).
  • Second Block (End of Year 6): Similarly, he has to submit necessary documentation for the complete 100% fulfilment of EO at the end of 6 years.
★ Special Concession for North Eastern States & UT of Jammu and Kashmir

The Central Government has in recent years provided many benefits to the North Eastern regions/states of India to promote and aid their economic development. In line with that vision, the requirement for fulfilment of specific EO has been reduced to 25 percent for all North Eastern States. The exact same benefit has also been made applicable for all eligible units situated in the Union Territory of Jammu and Kashmir.

3. Pre-Requisites and Process for Applying EPCG

The primary document requirement for applying for EPCG licenses is the holding of an Import Export Code (IEC) issued by the DGFT to the importer. After the issuance of the IEC to an importer, his digital profile is created on the DGFT portal through which he can submit applications for EPCG licenses.

All submissions must be made via the official DGFT portal (https://www.dgft.gov.in) using the login credentials created during the IEC application. The application is examined and processed by the local Regional Authorities (RA).

Key Document Checklist for E-Filing:

• Permanent Account Number (PAN) Card: Self-certified copy
• Digital Authentication: Digital Signature Certificate (DSC) or Aadhaar OTP
• Import Export Code (IEC)
• GST Registration Certificate
• Registration cum Membership Certificate (RCMC)
• Proforma Invoice of the capital goods to be imported
• Company Brochure & operational profile
• Chartered Accountant Certificate: Along with original copy for verification
• Chartered Engineer Certificate: Along with original copy for verification
Statutory Application E-Form: Submission of the formal application shall be executed online via E-Form Ayat Niryat Form 5B (ANF 5B).

4. Dual Economic Value: Benefits to Importers vs. Indian Government

How the Scheme Benefits the Importer

EPCG is a boon for businesses requiring heavy or large numbers of capital goods that are unavailable in the domestic market or more feasible to import from outside India (chiefly manufacturing industries, but also trading and service industries relying on heavy machinery) where a large volume of sales is targeted for export.

Most businesses require capital goods at the inception of their lives—precisely when they are shortest of liquid funds and dependent on promoter capital infusions. Waiving customs duty preserves substantial cash, allowing it to be channeled immediately to meet vital working capital requirements.

How the Scheme Benefits the Indian Government

The Indian Government requires massive inflows of foreign currencies to finance critical national imports, such as crude oil and defence equipment. By offering complete customs duty waivers, the government leverages importers to generate 6 times the duty saved in foreign currency revenues, creating a powerful multiplier for foreign currency reserves.

Furthermore, if an importer fails to meet the Export Obligation, the entire duty saved must be paid back with statutory penal interest. Therefore, the exchequer is fully safeguarded against loss of revenue.

5. Methods Through Which Foreign Income is Realised

Under EPCG regulations, export obligations can only be satisfied through validly documented international payment inflows against exporter invoices. The 4 principal routes and their acceptability are:

1) Direct Bank Credit (Most Preferred Route)

This is the most desired way to receive funds, as it entails obtaining Foreign Inward Remittance Certificates (FIRC) or Bank Realisation Certificates (BRC / E-BRC) and corresponding documentation directly from the banking channel. These provide ironclad verification to produce to the DGFT / RA during license closure.

2) Forex Credit Card (Common in Medical Tourism)

Where foreign recipients are in India (e.g., international patients travelling to India for medical tourism) and swipe foreign credit cards at the entity’s terminal. While a direct Forex Realisation Certificate is not issued, entities can procure a specific certificate from their acquiring bank proving that an inward foreign exchange transaction occurred. This is accepted by DGFT / Local RA to approve the EO claim.

3) Payment via Cash / INR (Highly Discouraged / Complex)

If foreign buyers pay in INR, documentation is required proving that the INR was officially converted through an Authorised Dealer (AD) before disbursement. Proving this to authorities is exceptionally difficult because ADs frequently claim benefits under other DGFT incentive licenses, and DGFT prohibits double benefit claims on the same transaction. Importers should avoid accepting direct cash under EPCG.

4) Transfers via Local Agents / Relatives / Acquaintances (Strictly Ineligible)

Domestic receipts transferred through local agents or relatives must be strictly avoided. It is nearly impossible to substantiate a legitimate inward foreign exchange remittance against the commercial invoice, and such transactions will not be counted toward EO fulfilment.

Strategic Recommendation: Full Fledged Money Changer (FFMC) License

For units handling substantial volumes of walk-in foreign clients who prefer cash or local currency exchange (such as multispeciality hospitals treating international medical tourists), the business should secure an FFMC License from the Reserve Bank of India (RBI).

An FFMC is authorized by the RBI to purchase foreign exchange from NRIs and foreign nationals in exchange for INR, and sell foreign currency for travel purposes to visitors abroad. Entities can obtain their own direct FFMC license or associate with an existing Authorised Dealer (AD) to facilitate verified foreign currency collection directly on-site.

6. EO & BO Extensions: Framework & Practical Illustrated Case Study

Where authorization holders are unable to fulfill their Block Obligation or final Export Obligation within statutory periods, the Foreign Trade Policy provides formal relief mechanisms through extension applications.

PRACTICAL CASE STUDY: MR. ANANT (LEATHER EXPORTER, SURAT, GUJARAT)
Import Date: Sept 4, 2015
Machinery Value: ₹ 10 Crores
Custom Duty Rate: 7.5%
Duty Saved: ₹ 75 Lakhs
Allotting Authority: RA Ahmedabad
Primary Export Product: Leather Goods (Bangladesh, Vietnam)

Phase 1: Block Obligation (BO) at End of Year 4 (Sept 3, 2019)

  • Total EO = ₹ 75 Lakhs × 6 = ₹ 4.5 Crores.
  • Statutory BO Due (50% of total EO) = ₹ 2.25 Crores by Sept 3, 2019.
  • Actual foreign revenue generated = ₹ 1.5 Crores (Shortfall of ₹ 75 Lakhs in BO).
  • Resolution: Mr. Anant applies for BO extension. Upon paying the composite fee of 2% on unfulfilled duty saved, RA Ahmedabad extends his BO timeline to the end of Year 6, allowing him to fulfill total BO and EO concurrently.

Phase 2: Final EO Position in Sept 2021 (Year 6) & Covid-19 Disruption

  • Due to pandemic disruptions, Mr. Anant generated cumulative forex revenue of ₹ 3.5 Crores against the required ₹ 4.5 Crores (Shortfall: ₹ 1.0 Crore).
  • Mr. Anant has two options:
    1. Pay the entire duty saved (₹ 75 Lakhs) plus applicable interest; OR
    2. Apply for an Export Obligation (EO) Extension.
  • Mr. Anant opts for Option 2 and prepares his submission.
Mandatory Documents Submitted by Mr. Anant for EO Extension:
  1. Bill of Entry of the imported machinery
  2. Copy of original EPCG license issued
  3. Installation certificate issued by Chartered Engineer

Composition Fee & Extension Options (Amended via Public Notice No. 3/2015-20 dt 13.04.2022)

Mr. Anant can choose between a 1-year or 2-year extension. Under the amended composition fee framework, the applicant may elect either:

Choice A: Monetary Fee
Pay composition fee equal to 2% of proportionate duty saved amount on unfulfilled export obligation for each year of extension sought.
Choice B: EO Enhancement
Agree to an enhancement in export obligation to the extent of 10% of total export obligation imposed under authorization for each year of extension sought.

This choice is selected directly within the online application form. Online payments are remitted via the Bharatkosh payment portal (Receipt Portal maintained by the Government of India).

Timeline Limits & Late Fee Provisions: The request for extension in the EO period must be submitted to the RA within 6 months from the date of expiry of the original EO period. However, the RA may consider late extension requests received after 6 months but within 8 years of original EO expiry, subject to payment of an additional late fee of ₹ 10,000 (over and above the composite fees).

Penalties for Final Non-Compliance

If, even after the expiration of allowable EO extensions, the importer is unable to fulfill the required Export Obligation, the entire duty saved must be remitted back to customs authorities accompanied by mandatory penal interest of 15 percent per annum. This interest is chargeable retrospectively from the original date of duty deferral (the date of capital goods import).

7. Redemption of EPCG License (Closure / EODC)

Post completion of the 6th year (or 7th/8th year if extensions were secured), the authorization holder must apply for formal redemption (closure) of the license. This involves providing the jurisdictional RA with comprehensive certified statements of foreign revenue earned during the license tenure.

Fundamental Principle — Realised vs. Booked Revenue: The EPCG scheme operates strictly on revenue realised and not revenue booked. In the event of customer default, bad debts, or non-realisation of funds prior to license completion, such unrealized amounts cannot be counted towards EO discharge.

The redemption application is submitted electronically via E-Form ANF-5B. Key statutory enclosures required for verification include:

1) Installation Certificate: Original certificate from a Chartered Engineer or official acknowledgment verifying that the imported capital goods were duly installed at the registered factory / premises.
2) Bill of Entry: Evidencing exact descriptions, serial numbers, and custom duty values of the capital goods imported.
3) Shipping Bills & E-BRCs: Complete copies of shipping bills mapped with electronic Bank Realisation Certificates (E-BRC) issued by authorized dealer banks confirming forex inflows from license issuance date.
4) Commercial Shipping Documents: Certified copies of export invoices, Bill of Lading (BL) / Airway Bills (AWB), and packing lists.
5) Corroborating Inward Records: Any additional bank advices, FIRCs, or statutory evidence proving realization of convertible foreign currency.

When the Dealing Hand (DH) at the local RA is satisfied with all documentation, the authority formally issues the Export Obligation Discharge Certificate (EODC) and closes the license.

8. EPCG Policy Relaxation Committee (PRC / EPP)

The EPCG Policy Relaxation Committee (PRC), also styled as Exemption from Policy/Procedures (EPP), is an empowered statutory body. In public interest, the DGFT may pass orders or grant exemptions, relaxations, or relief as deemed fit on grounds of genuine hardship and adverse impact on trade to any person or class of persons from any provision of the Foreign Trade Policy (FTP) or Handbooks of Procedure.

The PRC is based at DGFT Headquarters (New Delhi) and advises the DGFT on specific individual hardship requests or matters of general public interest relating to Capital Goods and EPCG schemes.

Application & Form

Applications to the PRC are filed online via Form Ayat Niryat Form -2D (ANF-2D). If satisfied, the PRC passes an affirmative order directing the local RA to grant procedural relaxation.

Infinite Reviews & Personal Hearing

If aggrieved, applicants can file review applications without numerical limit (infinite times). Applicants may opt for a personal hearing to represent their case, though personal hearings are entirely optional.

PRC Statutory Fee Schedule

  • Fresh Application: ₹ 2,000
  • Review Application: ₹ 5,000 (payable per review filed)

Facility of Policy Clubbing

An applicant may also apply to the PRC for relaxation to enable clubbing of different licenses to fulfill composite EO targets. As per DGFT guidelines, policy clubbing refers to combining two or more EPCG authorisations issued to the same authorisation holder through a regularized institutional process.

Conclusion: Strategic Role in India’s Export Architecture

EPCG licenses represent one of the most beneficial instruments issued by the Government of India to promote exports and international trade competitiveness. It relieves capital constraints for emerging and modernizing enterprises while anchoring foreign exchange inflows.

Substantial refinements and modernizations are expected as the government rolls out its long-awaited new Foreign Trade Policy (FTP). While the earlier FTP covered 2015–2020, its operational span was extended up to 31st March 2022 in light of Covid-19 disruptions and dynamic global trade developments.