It is clarified that in terms of Section 13 of the General Clauses Act, 1987, third party exports are permitted under various Exim Policy(s) for all the export promotion schemes. All the past cases of third party exports may be regularised on submission of supporting documentation to the Licencing Authority.
Circular No.683/74/2002-CX Notification No. 42/2002-CE(NT) seeks to disallow diversion of the credit taken on inputs used for manufacture of products exempted under the said North East notifications for payment of central excise duty on other products. Such diversion would imply payment of a greater amount of duty through account-current on the products exempted under the said North East notifications and thereby resulting in unintended benefit of higher amount of refund. Notification No. 61/2002-CE seeks to disallow such excess refund.