Notification No. 79 dated 31st March 1995 (As amended by
notification nos. 24/96, 90/97, 49/99,121/99, 120/2000, 30/2001, 122/2001,
Notification No. 113 dated 16th October 2002, Notification No. 125
dated 12th November 2002, Finance Bill 2003-2004)
In
exercise of the powers conferred by sub-section (1) of section 25 of the
Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it
is necessary in the public interest so to do, hereby exempts materials imported
into India, against a Value based Advance Licence (hereinafter referred to as
the said licence) issued on or after 1st April, 1995 in terms of
paragraph 49 of the Export and Import Policy 1st April 1992-31st
March, 1997, from the whole of the duty of Customs leviable thereon which is
specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)
subject to the following conditions, namely: -
(i)������� that the materials imported are covered
by a Value based Duty Exemption Entitlement Certificate (hereinafter referred
to as the said certificate), issued by the Licensing Authority on or after 1st
April, 1995 in the form specified in the Schedule annexed to this notification
in respect of the value, description, quality and technical characteristics;
(ii)������ that the said licence and the said
certificate are produced before the proper officer of customs at the time of
clearance for debit;
(iii)������ that the importer at the time of
clearance of the imported materials-
(a) omitted
(b) executes a bond with such surety or security and in such
form and for such sum as may be specified by the Assistant Commissioner of
Customs binding himself to pay on demand, an amount equal to the duty leviable
on the imported materials but for the exemption contained herein, in respect of
which the conditions specified in this notification in this notification have
not been complied with together with interest at the rate of 15% per annum from
the date of clearance of the materials.
Provided that the bond shall not be necessary in respect of imports made
after discharge of export obligation in full:
(iv)������ that the imports and exports are
undertaken through the sea ports at Mumbai, Calcutta, Cochin, Magbolla,
Kakinada, Kandla, Mangalore, Marmgoa, Madras, Nhava Sheva, Paradeep, Pipavav,
Sikka, Tuticorin, Visakhapatnam, Dahej, Nagapattinam, Okha and Mundhra, or
through any of the airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai,
Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum,
Varanasi, Nagpur and Cochin or through any of the Inland Container Depots at
Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad,
Jaipur, Jalandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur
(Indore), Surat, Tirupur Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj (Aurangabad), Anaparthy
(Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur,
Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry and Garhi Harsaru or through
the Land Customs Station at Ranaghat, Singhabad and Rakaul.
Provided that
the Commissioner of Customs, may by special Order and subject to such
conditions as may be specified by him, permit import and export through any
other Seaport, Airport, or Inland Container Depot or through the Land Customs
Station.
(v)������� that the export obligation is
discharged, within the period specified in the said certificate or within such
extended period as may be granted by the Licensing Authority, by exporting
goods manufactured in India and the importer produces the said certificate
together with evidence of discharge of export obligation to the satisfaction of
the Assistant Commissioner of Customs within a period of 30 days of the expiry
of period allowed for fulfillment of export obligation or within such extended
period as the said Assistant Commissioner of Customs may allow;
(vi)������ exempt materials shall not be disposed of
or utilized in any manner, except for utilisation in discharge of export
obligation, before the export obligation under the said licence has been
discharged in full;
Provided that
the Acetic Anhydride, Ephedrine and Pseudoephedrine Vitamins, Pen-G and their
derivatives in respect of which the benefit of this notification is claimed
shall be utilised by the importer in his own factory or in the factory of any
other manufacturer indicated in the said certificate even after discharge of
export obligation:
(vii)����� where benefit of the notification is
sought by a person other than the licencee, such benefit shall be allowed
against the said licence and the said certificate only if it bears endorsement
of transferability by the Licensing Authority.
Provided that
benefit of this notification shall not be allowed to a transferee of licence
for import of Acetic Anhydride, Ephedrine and Pseudoephedine
(viii)���� notwithstanding anything contained in
conditions (vi) and (vii) above, the endorsement of transferability or disposal
a of materials shall be allowed in respect of license issued for the export of
all kinds of writing instruments (including gift sets and refills/nibs) on
fulfillment of export obligation only in favour of manufacturer of writing
instruments.
Explanations: -In this notification, -
(i)������� �Export and Import Policy 1st April, 1992 -31st
March 1997� means the Export and Import Policy 1st April 1992-31st
March 1997 (Revised Edition: March 1995) published vide notification of the
Government of India in the Ministry of Commerce No. 1-(RE-95)/92-97 dated the
31st March, 1995.
(ii)������ �Licensing Authority� means the Director General of Foreign Trade
appointed under Section 6 of the Foreign Trade (Development and Regulation)
Act, 1992 (22 of 1992) or an officer authorised by him to grant a licence under
the said Act;
(iii)������ �Materials� means -
(a)������ raw materials, components, intermediates, consumables,
computer software and parts required for manufacture of export product
specified in Part �E� of the said certificate (hereinafter in this Explanation,
referred to as the export product):
Provided that in the case
of electronic goods and all kinds of writing instruments (including gift sets
and refills/nibs), all export items covered by one serial number in the
Standard Input Output and Value Addition norms as contained in Handbook of
Procedures, 1992-97, Volume-II Published, vide Public Notice No. 121(PN)/92-97,
dated the 31st March, 1993, of the Government of India in the
Ministry of Commerce, shall be deemed to be single export product:
Provided further that the
benefit of this notification shall apply to import of Acetic Anhydride only
against licences, together with the quantity required for manufacture of the
export product mentioned therein, issued with the approval of Advance Licensing
Committee in the office of the Director General of Foreign Trade;
(b)������ mandatory spares, within a value limit of 5% of the licence,
which are required to be exported along with the export product; and
(c)������ packaging materials required for packing of export product.