[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

9th December, 2002

Notification No. 136/2002-Customs

In exercise of the powers conferred by sub-section (1) of the 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 makes the following further amendments in the notification of the Government of India in the erstwhile Ministry of Finance (Department of Revenue), No. 21 / 2002-Customs, dated the 1st March, 2002, namely:-

In the said notification,-

(1)  in the Table, after S. No. 212 A and the entries relating thereto, the following S. No. and the entries shall be inserted, namely:-

(1)

(2)

(3)

(4)

(5)

(6)

“212B.

79

Zinc metal recovered by toll smelting or toll processing from zinc concentrates exported from India for such processes

25%

28B”;

(2)  in the Annexure, after Condition No. 28 A and the entries relating thereto, the following Condition No. and the entries shall be inserted, namely:-

Condition  No.

Conditions

“28B.

If,-

(1)           zinc metal is imported within one year of the date of export of zinc concentrate out of India; and

(2)           sufficient evidence exists to establish that the zinc metal, which is imported has in fact been obtained out of toll smelting or toll processing of zinc concentrate exported out of India.

Explanation.-  On the imports referred to in condition (1) above, the duty shall be leviable as if the value of the said  metal  were equal to the aggregate of-

(i)  the toll smelting or toll processing costs, as the case may be, that is to say,-

(a)     labour charges;

(b)     cost of  materials (other than the cost of goods exported out of India) used in such toll smelting or toll processing; and

(c)     any other charges which are payable in connection with the toll smelting or toll processing abroad; and

(ii)  the insurance and freight charges, both ways.”.

Vivek Prasad
Under Secretary to the Government of India 

F.No.354/147/2002-TRU

Note: The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 21/2002-Customs, dated the 1st March, 2002 [G.S.R.118 (E), dated the 1st March, 2002] and was last amended vide notification No. 130 /2002- Customs, dated the  20th November, 2002, [G.S.R.774 (E), dated the 20thNovember, 2002].

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