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OFFICE
OF THE COMMISSIONER OF CUSTOMS, |
PUBLIC
NOTICE NO. 272 / 2001
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No.28/2001-C EX vide F.No.305/53/2001-FTT
dated 16.05.2001, is reproduced below for the guidance of the importers,
clearing agents and trading public.
Sd/-
C16/49/2001-AP (PORT)
(S. SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. Dy. COMMISSIONER OF CUSTOMS
(APPG)
DATE: 05.11.2001
Notification
No. 28/2001-Central Excise
In exercise
of the powers conferred by sub-section (1) of section 5A of the Central Excise
Act, 1944(1 of 1944), and in supersession of the notification of the Government
of India in the Ministry of Finance (Department of Revenue), No.82/92-CE, dated
the 27th August, 1992 [GSR 744(E), dated the 27th August, 1992], the Central
Government, being satisfied that it is necessary in the public interest so to
do, hereby exempts all excisable goods (hereinafter referred to as the said
goods) specified in the First Schedule to the Central Excise Tariff Act, 1985
(5 of 1986), produced or manufactured in a hundred per cent export oriented
undertaking or a free trade zone or a special economic zone and cleared to a
person -
(a) holding
an advance release order issued by the licensing authority against an advance
licence in terms of paragraph 7.7 of the Export & Import Policy, read with
relevant provisions of the Handbook of Procedures, or a back to back inland
letter of credit issued by a bank in terms of paragraph 7.8 of the Export and
Import Policy read with relevant provisions of the Handbook of Procedures from
the whole of the duty of excise leviable thereon under section 3 of the said
Central Excise Act;
(b) holding
an advance release order issued by the licensing authority against a Duty Free
Replenishment Certificate (DFRC) in terms of paragraph 7.7 of the Export &
Import Policy read with relevant provision of the Handbook of Procedures or a
back to back inland letter of credit issued by a bank in terms of paragraph 7.8
of the Export and Import Policy read with relevant provisions of the Handbook
of Procedures from that portion of duty of excise leviable thereon under
section 3 of the said Central Excise Act, as is equal to the duty of customs
leviable on like goods produced or manufactured outside India if imported into
India, which is specified in the First Schedule to the Custom Tariff Act, 1975
( 51 of 1975) and special additional duty of customs leviable thereon under
section 3A of the said Customs Tariff Act:
subject to the following
conditions, namely:-
(i) the advance licence holder/ DFRC holder
produces the said advance release order specifying therein the quantity,
description (including the technical specifications) and the value of each of the
said goods permitted to be cleared in accordance with this notification or, as
the case may be, his copy of back to back inland letter of credit specifying
therein the name and address of the indigenous supplier in original before the
proper officer of Central Excise/Customs; and
(ii) the quantity and the value of each of the
items are debited by the proper officer of Central Excise/Customs in the said
advance release order or as the case may be, the back to back inland letter of
credit, before allowing clearance of the said goods.
Explanation. - For the
purposes of this notification, -
(i) “Export
and Import Policy” means the Export and Import Policy, 1st April, 1997-31st
March, 2002, published vide notification of the Government of India in the
Ministry of Commerce, No.1/1997-2002, dated 31st March, 1997, as amended from
time to time;
(ii) “Handbook
of Procedures” means the Handbook of Procedures, Vol.I, 1st April, 1997-31st
March, 2002, published vide Public notice of the Government of India in the
Ministry of Commerce, No. 1(RE-2001)/1997-2002, dated the 31st March 2001, as
amended from time to time;
(iii) “Licensing
Authority,” means an authority competent to grant a licence under the Foreign
Trade (Development and Regulation) Act, 1992 (22 of 1992) or the rules made
thereunder.
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