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Circular No.631/22/2002-CX I am directed to invite reference to Board’s Circular No. 614/5/2002-CX dated 31.1.2002 regarding denial of the benefit of Notification No. 8/97-CE dated 1.3.97(as amended) to the export oriented units using imported consumables. It has been brought to the notice of the Board that the field formations are denying the benefit of Notification No.8/97-CE to units using imported consumables with capital goods.
Rate of exchange applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the said Customs Act, and the relevant date for determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
For the purposes of this notification, rate of exchange applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers under sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.
In exercise of the powers conferred by sub-section(1) of section 5A of the Central Excise Act, 1944(1 of 1944), read with sub-section (3) of section 3 of the Additional Duties of Excise ( Goods of Special Importance) Act, 1957 ( 58 of 1957) and sub-section(3) of section 136 of the Finance Act, 2001( 14 of 2001) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notifications of the Government of India, in the Ministry of Finance.
Attention is invited to Paragraph 4.11 of the Export and Import Policy 1997-2002, as amended and Paragraphs 7.8 and 7.10 of the Handbook of Procedures, Vol.1, 1997-2002, as amended and also to the Handbook of Procedures, Vol.2, 1997-2002, as amended from time to time.
