Notification No. 56 dated 5th
May 2000 (As amended by Notification no.
56/2001, 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 Finance (Department of Revenue), No.
144/93-Cus, dated 28th June, 1993 (G.S.R. 480(E) dated the 28th
June, 1993) in so far as it relates to import of silver or gold under the
scheme for export of Gold/ Silver jewellery and articles against Gold and
Silver supplied by the foreign buyer except as respects things 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
gold/silver/platinum jewellery (hereinafter referred to as the said goods)
falling within Chapter 71 of the First Schedule to the Customs Tariff Act 1975
(51 of 1975), when imported into India by nominated agencies, status holders,
or exporters of three years standing having an annual average turnover of five
crore rupees during the preceding three licensing years under the scheme for
�Export Against supply by Foreign buyer� as referred to in paragraph 4.4.8 of
the Export and Import Policy, 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 by the nominated agencies, the importer or his authorised
representative executes a bond in such form or for such sum as may be specified
by the Assistant Commissioner of Customs or Deputy Commissioner of Customs,
undertaking himself to export 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 the period
stipulated in the relevant contract between the importer and the foreign
supplier of the said goods, as the case may be, or such extended period as the
Assistant Commissioner of Customs or Deputy Commissioner of Customs may, on
sufficient cause being shown, allow, and binding himself to pay on demand duty
on quantity of gold/ silver/ platinum representing the difference between the
quantity imported and that contained in the exported jewellery or articles:
Provided further that in the case of import by status holders, or exporters of
three years standing having an annual average turnover of five crore rupees
during the preceding three licensing years, 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, and furnishes a bank guarantee for a
sum equivalent to one and half times of the Customs duty leviable on the said
goods imported, undertaking himself to export 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 120 days from the date of import and to fulfill the conditions of Export
and Import Policy and the Handbook of Procedures, Volume-I and to achieve the
Export Obligation and Value Addition as stipulated in the Export and Import
Policy and Handbook of Procedures, Volume-1 and binding himself to pay on
demand duty on the said goods along with interest at the rate of 20% per annum
on the said duty from the date of duty free importation till the date of
payment of duty in case of non-fulfillment of Value Addition or Export
Obligation as stipulated in the Export and Import Policy or Handbook of
Procedures, Volume-1 or in case of failure to complete the export with said
period of 120 days.
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 31st
March 2002, as amended from time to time.
(b)
"Handbook of Procedures Volume I" means the Handbook of Procedures
Volume I, published by the Government of India in the Ministry of Commerce and
Industry vide Public Notice No.1/2002-07, dated 31st March 2002, as
amended from time to time.
(c)
�Nominated Agencies� means the Metals & 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).
(d)
�Status holder� means the exporter recognized as export house/ trading house/
star trading house and superstar trading house by the Director General of
Foreign Trade.