Guidelines to set up Export Unit under STP/EHTP Scheme
In order to avail the benefits under 100% Export Oriented STP Scheme and EHTP Scheme as envisaged by the Government of India, the units must register with the STPI.
Who can register ?
The Units undertaking to export their entire production of goods and services (except permissible sales in the DTA), may be set up under Software Technology Park (STP) Scheme for development /manufacture of goods.
STP Unit can be set up by the following
• The Central Government undertaking. • The State Government undertaking. • The Public Sector Undertakings. • Co-operating undertaking. • Joint Sector undertaking. • The Private Sector Undertakings. • Individual Promoter/Partnership or any combination there of.
The type of proposal may be
• Establishment of New undertaking. • Expansion of existing STP unit. • Conversion from other scheme to STP unit. • Conversion from DTA to STP unit.
If the unit is operating both as a domestic unit as well as an STP unit, it shall have two distinct identities with separate accounts. But all the transactions of the imports and exports or supplies affected relating to the 100% EOU activity of the STP unit shall be kept distinctly separate from those made by the other domestic unit of the company.
Pre-Registration Process
Steps Involved in Incorporating a Company and Setting up of a 100% Export Oriented Unit under Software Technology Parks of India (STPI)
Stage 1 : Incorporation of Company (Registration with Registrar of Companies)
Time Frame : 12-15 Working Days
Documents to include:
• Form 1A - Name availability • Form 1- Compliance letter from Company • Form 18 - Registered Office of the Company • Form 32 - List of Directors & address (in duplicate) • 3 Copies of Memorandum & Articles of association of the Company • Applicable fees
Stage 2 : Application for Permanent Account Number (PAN) or Corporate TAX ID & Tax deduction Account Number (TAN) to withhold & remit the withholding taxes.
Time Frame : 8-10 Working Days
Documents to include:
• List of Directors of the Company • Application form in Form 49A (for PAN) • Application form in Form 49B (for TAN) • Copy of the Memorandum & Articles of association of the Company • Copy of the Memorandum & Articles of association of the Company • That the Directors are not associated with Companies in the Cautioned list of Reserve Bank • About the status of Non-Resident Investment in the Company
Stage 3 : Application to Joint Director General - Foreign Trade for Importer Exporter Code (IEC)
Time Frame : 8-10 Working Days
Documents to include:
• Application in duplicate • Profile of the Company • Copy of TAX ID allotment • Banker's Certificate on credentials of the company • Photo of the Director preferring the application • Application Fee of INR 1000 • Declaration from the Company • Copy of the Memorandum & Articles of association of the Company
Stage 4 : Application to Software Technology Parks of India to set up a 100% Export Oriented Unit
Time Frame : 22 working days (15 days for approval + 7 days for agreement execution/ attestation)
Documents to include:
• Application Form in the prescribed form • Memorandum and Article of Association • Board Resolutions for setting up STP Unit and persons authorized to sign • Resume of Person Heading the operation / CEO / Directors • Detailed project report / Business plan consist of ◦ Company profile ◦ Promoters background ◦ Units Area of Expertise / Services offered ◦ Marketing Strategy / Marketing Arrangements ◦ Manpower plan ◦ Future plans
• Floor Plan of workss location with dimensions to be Customs Bonded • Lists of Proposed Capital Goods-Import and indigenous (3-sets) • Financials statement like :
◦ Cost of project & Means of finance ◦ Projected P&L A/c ◦ Projected Balance Sheet ◦ Projected Cash flow / fund flow statement • Export workings - (As per Transfer pricing guidelines where ever applicable)
• Other documents like
◦ Copy of FIRC's and letter filed with RBI for receipt of Foreign equity ◦ Copy of service agreement signed with parent company / clients/ PO with clients / Master service agreement ◦ Residential proof of the Promoters/Directors ◦ IT Returns of the Directors ◦ PAN Number of the Company as well as Promoters/Directors ◦ Copy of Passport of the Directors ◦ Other documents as required on case to case basis • Initial application-processing fee of INR 2,500 and Advance Policy Support service charges of INR 50,000 at the time of executing the legal agreement. Service charges to be paid annually as per the slabs applicable.
Stage 5 : Application to Customs authorities to avail duty concessions by setting up a Private bonded warehouse
Time Frame : 8-10 Working Days
Documents to be submitted : • Application form • Copy of Letter of Permission / Approval from STPI to set up 100% EOU • Copy of Letter of Undertaking (STP/EHTP Agreement) • Copy of PAN • Copy of Importer Exporter Code • Copy of Application filed with STPI for set up of EOU • Banker's Certificate about the credentials • Lease Deed of the premises to be Customs bonded • Floor plan duly certified by the Director / authorized signatory of STPI • Certified list of capital goods Imported as well as iIndigenous • B-17 bond to be executed by the Company to set up a Private bonded warehouse for an specified amount of the Capital goods to be imported • Bank Guarantee to be provided by the Company for a value of 5% of the value as indicated in B-17 Bond • Copy of the Memorandum & Articles of association of the Company • Other documents as required on case to case basis
Stage 6 : Application for registration with State Government authorities to obtain :
Time Frame : 8-10 Working Days ◦ Sales Tax Registration
◦ Profession Tax Registration for the Company to carry on business & for the employees to effect tax recovery from their salaries ◦ Permission from the Department of Labour to employ people ◦ To avail the benefits under IT Incentive Policy of State Government
Documents to be submitted : • Relevant Application forms duly signed by the authorised signatory • Copy of the lease agreement entered into for the office premises • Photographs and resumes of the proposed CEO / Directors • Copy of the Memorandum & Articles of association of the Company • Applicable fees, as applicable • Other documents as prescribed by the authorities along with the application. STP/EHTP Registration Process The procedure for obtaining the STPI registration for setting up a 100% Export Oriented Unit are detailed as under :
The application form is available free of charge. The application form can also be downloaded from our website http://www.gnr.stpi.in/
Stage 1 : the request in prescribed Application Form the concerned STPI Center along with the relevant documents as per Check-List registration under STP/EHTP Scheme along with the registration Processing Fee of INR. 2500.00 and initial Policy Support Service charges of INR 50,000.00. Important aspects of the application form are : 1. Company profile 2. Capital structure 3. Projection for capital goods requirement 4. Export earnings 5. Foreign collaborations 6. Area of expertise 7. Estimated time frame for commencement of operation and exports
Others : 1. Kindly read the application form thoroughly 2. Fill up all the details as required 3. Put initials & office seal on each page
After verification of the documents within a fortnight, the STPI authorities may call for a detailed presentation (preferably in Power Point) to explain in person to them and also discuss the product profile / services, the Indian entity is likely to deal in. A formal Letter of Permission /Approval would be communicated to the Company to set up a 100% Export Oriented Unit (EOU) under the STP/EHTP Scheme of Government of India by Software Technology Parks of India. On receipt of approval from STPI, the unit required to confirm on the acceptance of Terms & Conditions of Letter of Permission / Approval (LoP / LoA) within 45 days and enter into a Legal Agreement for setting up the Unit. Legal Agreement is mandatory as commitment for fulfillment of Terms & Conditions of Letter of Permission / Approval, Export Performance (EP), Net Foreign Exchange Earning (NFE) and Export Obligation (EO) norms for the period of 5-years, as per the EXIM Policy in force at the time of registration and signing of Legal Undertaking. The Legal Agreement will be executed on Rs. 100/- Stamp Paper, shall be signed by the Directors, and duly authorized person at STPI office premises. The next step involves obtaining the necessary approvals from the Customs authorities under Section 58 and 65 of Customs Act, 1962 for setting up a Private Bonded Warehouse and also a In-Bond Manufacturing order to store the Capital goods obtained free of Customs / Excise duty and to carry on the manufacture of Computer Software The documentation and the procedure are detailed as under :
• Application for Customs License in prescribed format • Copy of Letter of Permission / Approval from STPI to set up 100% EOU • True copy of legal agreement for export obligation executed with STPI • Permanent Account Number (PAN) • Copy of Importer Exporter Code (IEC) • Banker's Certificate about the credentials • Lease agreement entered with the owner of the premises to be customs bonded • Floor plan of of the premises to be customs bonded, duly attested by the CEO / authorised signatory • Tentative list of imports and indigenous Capital Goods along with estimated cost duly certified by Director, STPI • B-17 bond to be executed by the Company to set up a Private bonded warehouse for an specified amount of the Capital goods to be imported/procured • Bank Guarantee to be provided by the Company for a value of 5% of the value as indicated in B-17 Bond • Memorandum & Articles of association of the Company
• Other documents as required on case to case basis
The Customs authorities may inspect the premises and arrange to issue the license for, Private Bonded Warehouse, and In-Bond Manufacturing order.
Stage 3 : Prefer application with State authorities to obtain : • Sales Tax Registration • Profession Tax Registration for the Company to carry on business & for the employees to effect tax recovery from their salaries • Permission from the Department of labor to employ people • To avail the benefits under IT Incentive Policy of State Government Documents to be submitted :
• Relevant Application forms duly signed by the authorized signatory • Copy of the lease agreement entered into for the office premises • Photographs of the proposed CEO / Director • Copy of the Memorandum & Articlez of association of the Company • Applicable fees, as applicable • Profession tax registration for the entity • Other documents as prescribed by the authorities along with the application Compliance : ◦ To file monthly returns before 1st of the following month to STPI ◦ To file quarterly returns before 10th of the month after the close of the quarter to STPI ◦ Annual Returns to STPI in the nature of a Performance report indicating the Export ◦ Performance and CIF value of Imported Goods and Foreign Currency spent on other expenses like travel etc., - to be filed before 30th April ◦ To fulfill the Export Performance, NFE and Export Obligation norms as per EXIM policy in force Note :
■ The time frame indicated can be reduced depending on the flow of documents. ■ The fees indicated are as on date of publishing this information. The units need to pay the actual amount as applicable at the time of registration with the Concerned department. ■ The documents list given may vary and units needs to provide specific documents as requested by respective department.
■ This information is meant for the units as fist round information who intend to register with STPI, this should not be used for any publication or circulation and are not final. The units may contact the respective authorities for more details.
Application Process Fee & Policy Support Service Charges :
Application processing fees and 3 years advance Annual Service Charges considering the minimum export turnover.
The link for online registration is http://203.190.136.89/exim-policy/ Steps for online filing of application is :- Step 1:- click in "Register New User" and then give the required basic data and get the "Temporary User id and password". Step 2:- After getting the temporary user id and password click in "Temporary User click here" and then proceed with required data submission. Step 3:- Upload the supporting documents as per checklist. Step 4:- submit one set of online generated application form alongwith documents as per checklist.