Tax Alerts

Aatmanirbhar Bharat – Production Linked Incentive Scheme for Pharmaceuticals

India’s economy has been growing in double digits over the last few years and is expected to maintain this trajectory in the coming years as well. To provide an impetus to this growth story and ensure that manufacturing sector is also an equal contributor to the numbers, government of India announced the launching of the Production Linked Incentives [PLI] scheme for 13 focus sectors including pharmaceuticals sector.

Department of Pharmaceuticals (DoP) notified the PLI Scheme for Pharmaceuticals vide Gazette Notification No.31026/60/2020-Policy-DoP dated 3 March 2021. Guidelines for the scheme were issued on 1 June 2021 and were amended on 30 June 2021 with further amendment on 22 July 2021. The approved outlay of the scheme is INR 15000 crore which envisages to create global champions out of India who have the potential to grow in size and scale using cutting edge technology and thereby penetrate the global value chains. The scheme is open from 2 June 2021 to 15 August 2021 (Extended).

The applications are invited in three groups based on the Global Manufacturing Revenue (GMR) of FY 2019-20 of the applicants. A special carve out for MSMEs has been kept under the scheme. The applicants will be required to achieve minimum cumulative investment per year over a period of 5 years as prescribed under the scheme.

The investment could be under new plant and machinery, equipment and associated utilities, research and development, transfer of technology, product registration and expenditure incurred on building where plant and machinery are installed. No second hand/ used/ refurbished plant, machinery, equipment, utilities or research and development equipment shall be considered as eligible investment for the purpose of this Scheme. Investment made on or after 1 April  2020 will be considered as eligible investment under the scheme. The key conditions for each group are mentioned below:

Group (total incentive)CriteriaNumber of applicantsMinimum investmentMinimum sale for claiming incentive in first year and subsequent year
Group A (INR 11,000 crore)GMR => INR 5,000 in FY 2019-20 of pharmaceuticals and/or in-vitro medical devices11 with maximum 4 Foreign MNCsINR 1,000 crores over 5 yearsFY 22-23 – Threshold Turnover (TT) > INR 50 crores and minimum 7% growth over actual sales of previous FY
Group B (INR 2,250 crores)GMR between INR 500 crore (inclusive) and INR 5,000 crores9 with maximum 3 foreign MNCsINR 250 crores over 5 yearsTT > INR 10 crores and minimum 7% growth over actual sales of previous FY
Group C (INR 1,750 crores)GMR < INR 500 crores, including MSME35 (Minimum 20 MSME, subject to eligibility, 5 in in-vitro diagnostic devices, Balance for others)INR 50 crores for non MSME For MSME, committed investmentTT for non MSME > INR 1 crore
TT for MSME > INR 50 lacs   and minimum 7% growth over actual sales of previous FY

The eligible products have been categorized into three categories. The products covered under the scheme are formulations, biopharmaceuticals, active pharmaceutical ingredients, key starting material, drug intermediates, in-vitro diagnostic medical devices, etc. The category-1 and category-2 products attract 10% incentive and category-3 products attract 5% incentive on the incremental sales. Incremental sales of a product mean sales of that product in a year over and above the sales of that product in FY 2019-2020.

Category 1Category 2Category 3
1. Bio-pharmaceuticals

2. Complex generic drugs  

3. Patented drugs or drugs nearing patent expiry  

4. Cell based or gene therapy drugs  

5. Orphan drugs  

6. Special empty capsules like HPMC, Pullulan, enteric etc.  

7. Complex excipients  

8. Phyto-pharmaceuticals

9. Other drugs as approved*
Active Pharmaceutical Ingredients / Key Starting Materials / Drug Intermediates except for the 41 eligible products already covered under the earlier PLI scheme1. Repurposed drugs  

2. Auto immune drugs, anti-cancer drugs, anti-diabetic drugs, anti-infective drugs, cardiovascular drugs, psychotropic drugs and anti-retroviral drugs  

3. in vitro diagnostic devices  

4. Other drugs not manufactured in India

5. Other drugs as approved*

Based on clearly laid out selection criteria given in the guidelines, a maximum of 55 applicants will be selected under the scheme. An applicant, through a single application, can apply for more than one product and the products applied by an applicant can be in any of the three categories. Also only one applicant, on behalf of group companies, shall be selected for the PLI scheme. Thereafter, the selected manufacturers will be able to receive production linked incentives based on incremental sales of pharmaceutical products for a period of 6 years.

Being the scheme is limited in terms of number of application, time line and eligibility conditions, its utmost important to have adequate assistance and support to deliberate and accordingly prepare the application and apply to obtain the approval.

About the Speaker:

Vineet has over 16 years of consulting experience in leadership role in Indirect tax including GST (around 13 years in Big 4) and working with leading players in diverse industry sectors including pharma. He has conducted sessions on various indirect tax topics (including GST) at Client’s place, Business Parks, and other forums (ASCI, FTAPCCI, JICA, KOTRA, EPC, ICAI, ICFAI, JITO, RGA and others).

https://www.linkedin.com/in/d-vineet-suman-a5a28729

You can reach out on 91-99529 26239 or email [email protected].

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Incentives, subsidies and grants services

Manufacturing has emerged as one of the high growth sectors in India targeting global markets and are becoming formidable global competitors. To promote India as manufacturing hub, Central and State/Union Territories Governments provides various incentives, subsidies and grants to set up manufacturing facility in India. In addition, there are certain incentives for services and other sectors too.

The Government of India provides sector specific subsidies for promoting manufacturing. Further, Package Scheme of Incentives (PIS) is a policy made by every individual state to promote industrial development, employment, investments, inventions and growth. A PIS differs from state to state and is governed by the Directorate of Industrial Policy and Promotions. The development of every state very much depends upon their state policy and also their ease of doing business (EoDB) ranking. Generally, state policies are for the period of 5 years.

Every industrialists and manufacturers need guidance and support to understand central and state policy. Our team at Darda Advisors is highly business oriented in approach and has experience across sectors and the acumen to provide complete solutions for all incentives, subsidies and grants related matters. We provide the following key services:

  • Evaluating various Central and State industrial policy and suggest optimal benefits availability
  • Assist in consultation and negotiation of Memorandum of Understanding (MoU) with State Government
  • Assistance in retrieval of supporting documents from Central/State authority
  • Obtaining pre-approval as required under State Industrial Policies and Central Policies for specific sector
  • Designing system and assistance for generation of necessary documentation for preparing refund/ disbursement claim
  • Preparing refund/disbursement claim as per statutory requirement
  • Filing and processing of refund/disbursement claim with Central/State Authority and follow up
  • Making representation in case refund/disbursement claim rejected