Notification No. 57 dated 8th
May 2000 (As amended by Notification No. 64 dated 24th June
2002)
In
exercise of the powers conferred by sub-section (1) of section 25 of the
Customs Act, 1962, (52 of 1962), and in supersession of the notification of the
Government of India in the Ministry of Fianc� (Department of Revenue), No.
144/93- Cus, dated the 29th June, 1993 [G.S.R.480 (E) dated the 29th
June, 1993] except as respects thing done or omitted to be done before such
supersession, the Central Government, being satisfied that it is necessary in
the public interest so to do, hereby exempts silver, gold and platinum falling
under heading Nos. 71.06, 71.08 and 71.10 respectively of the First Schedule to
the Customs Tariff Act, 1975 (51 of 1975), when imported into India, -
(a)��� as
replenishment under the Scheme for �Export through Exhibitions/ Export
Promotion Tours/ Export of Branded Jewellery� as referred to in Paragraph 4.49
of the Export and Import Policy, read with relevant provisions of Chapter 4 of
the Handbook of Procedures, Volume 1, or
(b)��� under
the Scheme for �Export Against Supply by Nominated Agencies� as referred to in
Paragraph 4.4.10 of the Export and Import Policy, read with relevant provisions
of Chapter 4 of the Handbook of Procedures, Volume 1,
from
the whole of the duty of customs leviable thereon, which is specified in the
said First Schedule, and from the whole of the additional duty leviable thereon
under section 3 of the said Customs Tariff Act;
Provided that
in the case of import of gold/ silver/ platinum as replenishment under the
scheme for �Export through Exhibitions/ Export Promotion Tours / Export of
Branded Jewellery �, the importer under takes to fulfill the conditions of
Export and Import Policy and relevant provisions of the Handbook of Procedures,
Volume-1 and produces such documents as stipulated in the Export and Import
Policy and the Handbook of Procedures, Volume-1 and produces such proof of
exports made through exhibitions/ export promotion tours etc, as may be
required by the Assistant Commissioner of Customs or the Deputy Commissioner of
Customs to satisfy himself with regard to eligibility of the importer for the
duty free import of replenishment material:
Provided further that in the case of import of gold/ silver/ platinum under the
scheme for �Export Against Supply by Nominated Agencies�, the importer executes
a bond in such form and for such sum as may be specified by the Assistant
Commissioner of Customs or Deputy Commissioner of Customs undertaking to export
either by itself or through other exporters gold/ silver/ platinum jewellery or
articles, as the case may be, including studded articles having gold /silver
/platinum content equivalent to the imported�
gold/ silver/ platinum within a period of 120 days from the date of
issue of gold/ silver/ platinum to the exporters, or such extended period as
the Assistant Commissioner of Customs or Deputy Commissioner of Customs, on
sufficient cause being shown may allow , and binding himself to pay on demand
duty on quantity of gold/ silver/ platinum representing the difference between
the quantity issued and that contained in the exported jewellery or articles:
Explanation:�
For the purpose of this notification, -
(a)������ �
Export and Import Policy� means the Export and Import Policy, 2002-2007,
notified by the Government of India in the Ministry of Commerce and Industry vide
Notification No. 1/2002-2007, dated the 31st March 2002 as amended
from time to time;
(b)������ �Handbook
of Procedures, Volume-1� means the Handbook of Procedures, Volume-1, published
vide Public Notice of the Government of India in the Ministry of Commerce and
Industry No.1/ 2002-2007, dated the 31st March, 2002 as amended from
time to time;
(c)������ �Nominated
Agencies� means the Metals and Minerals Trading Corporation Limited (MMTC), the
Handicraft and Handloom Export Corporation (HHEC), the State Trading
Corporation (STC), the Project and Equipment Corporation of India Ltd. (PEC)
and any agency authorised by the Reserve Bank of India (RBI).