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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 203/92-Cus., dated 19-5-1992

Value based advance licence.Scheme-goods imported against
In exercise of the powers conferred by sub-section (1) of 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 exempts materials imported into India, against a Value based Advance Licence (hereinafter referred to as the said licence) issued on or before 31st March, 1995 in terms of para 49 of the Export and Import Policy 1 April 1992 – 31 March 1997, from the whole of the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, namely :-

(i) that the materials imported are covered by a value based Duty Exemption Entitlement Certificate (hereinafter referred to as the said certificate), issued by the Licensing Authority in the form specified in the Schedule annexed to this notification;

(ii) that the importer at the time of clearance of the imported materials-

(a) produces proof of having executed a bond or a legal undertaking before the Licensing Authority concerned, for complying with the conditions of this notification; and

(b) makes a declaration before the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to pay on demand an amount equal to the duty leviable but for the exemption, on the imported materials in respect of which the conditions specified in this notification have not been complied with

Provided that a bond or a legal undertaking and the declaration shall not be necessary in respect of imports made after discharge of export obligation in full, as evidenced by endorsement of Licensing Authority in the said certificate;

(iii) that the said licence and the said certificate are produced before “the proper officer of customs at the time of clearance of imported goods out of customs control.

Provided that no such imported materials shall be permitted clearance under this notification unless a debit entry has been made, in the said licence and the said certificate, by the proper officer of customs;

(iv) that the imports and exports are undertaken from sea ports at Bombay, Calcutta, Cochin, Kandia, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Tuticorin and Visakhapatnam, or through any of the airports at Ahmedabad, Bangalore, Bombay, Calcutta, Delhi, Jaipur, Varanasi, Srinagar, Trivandrum, Hyderabad and Madras or through any of the Inland Container Depots at Bangalore, Coimbatore, Delhi, New Gauhati Goods Shed, Moradabad, Ludhiana and Hyderabad.

Provided that the Commissioner of Customs may by special order and subject to such conditions as may be specified by him, permit imports and exports from any other sea port, airport, land customs station or inland container depot;

(v) that the export obligation is discharged, within the period specified in the said certificate or within such extended period as may be granted by the Licencing Authority, by exporting goods manufactured in India in respect of which –

(a) no input stage credit is obtained under rule 56A or 57A of the Central Excise Rules, 1944 (hereinafter referred to as the said rules);

(b) facility, under rule 191A or rule 191B as in force immediately before the 1st October, 1994, or under rule 12(l)(b) or rule 13(l)(b) of the said rules, has not been availed; and

(c) drawback has not been claimed either under section 74 of the Customs Act, 1962 or Customs and Central Excise Duties Drawback Rules, 1971;

(vi) exempt materials shall not be disposed of or utilised in any manner, except for utilisation in discharge of export obligation, before the export obligation under the said licence has been discharged in full and export proceeds realised.

Provided that Acetic Anhydride in respect of which the benefit of this notification is claimed shall be utilised by the importer in his own factory or in the factory of any other manufacturer indicated in the said certificate even after discharge of export obligation and realisation of export proceeds;

(vii) where benefit of the notification is sought by a person other than licencee, such benefit shall be allowed against the said licence and the said certificate only if it bears endorsement of transferability by the Licensing Authority.

Provided that benefit of this notification shall not be allowed to a transferee of licence for import of Acetic Anhydride except where the licence is endorsed for transferability before 24th November, 1993, and is transferred to an actual user who undertakes to use the Acetic Anhydride in his own factory;

(viii) Notwithstanding anything contained in conditions (vi) and (vii) above, the endorsement of transferability or disposal of materials shall be allowed in respect of licences issued for the export of all kinds of writing instruments (including gift sets and refills/nibs) on fulfilment of export obligation only in favour of manufacture of writing instruments.

Explanations. – In this notification, –

(i) “Export and Import Policy April 1992 – March 1997” means the Export and Import Policy 1 April 1992 – March 1997 published vide Public Notice of the Government of India in the Ministry of Commerce No. 1-ITC (PN) /92-97, dated the 31st March, 1992 as amended from time to time.

(ii) “Licensing Authority” means an authority competent to grant a licence under Imports (Control) Order, 1955 made under the Imports and Exports (Control) Act, 1947 (18 of 1947).

(iii) “Materials” means –

(a) raw materials, components, intermediates, consumables, computer software and parts required for manufacture of export product.

Provided that in the case of electronic goods and all kinds of writing instruments (including gift sets and refills/nibs), all export items covered by one serial number in the Standard Input Output and Value Addition norms as contained in Handbook of Procedures, 1992-97, Volume-11, published, vide Public Notice No. 121(PN)/92-97, dated the 31st March, 1993, of the Government of India in the Ministry of Commerce, shall be deemed to be single export product.

Provided further that nothing contained in this notification shall apply to import of Acetic Anhydride against licences issued after 24th November, 1993, except where such licences together with the quantity required for manufacture of the export product mentioned therein have been issued with the approval of Advance Licensing Committee in the office of the Director General of Foreign Trade;

(b) spares and mandatory spares, within a value limit of 5% of the value of the licence issued upto the 31st March, 1993, which are required to be exported along with the export product; and

(c) packaging materials required for packing of export product.
THE SCHEDULE
VALUE BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE

PART-1
(IMPORT)
(This consists of…….. pages)
Sl. No……… (IMP) Date of issue ……..
Port of Registration…………………………
Issued to

…………………………………………………………… (name and full address of the licencee)

Materials imported against Licence No………….. dated ………… issued by …………. to
the above importer and covered by the list of materials specified under part “C” of this Certificate would be eligible for exemption from customs duties subject to the conditions specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 203/92-Customs, dated 19th May, 1992.

The importer shall make the exports in terms of the said Notification within …………. months from the date of issue of licence.

A Bond/Legal Undertaking, in terms of the said Notification, for Rs………….
shall be executed with …………….. (licensing authority), before clearances of the
goods from the customs.

Signature
Seal of licensing authority
date

Bond/Legal undertaking executed on……………………… for Rs…………………….. (Rs…………………………..) and registered under
Sr. No…………………… with this office. It has been verified that the export obligation has been discharged in full. Therefore requirement of Bond/Legal undertaking is waived.
(Strike off inapplicable portion)

Signature
Seal of licensing authority
date

PART – A

Names and addresses of the factories where the resultant products for export are manufactured.



PART -B

Names and addresses of factories where the ancillaries to the resultant products for export are manufactured.



PART-C
List of items of import

Sr. No. Item of Import Quality Technical Characteristics

1.

2.

3.

4.

Quantity

CIF Value in Indian Rs. & in equivalent US $

S. No. of the resultant products in Part E

5.

6.

7.

Total value =

PART-D
Particulars of import of materials

Sr.

No.

No. of the materials in part-C

Bill of Entry No. date and Customs House of Import

Description

Quantity and net weight

1.

2.

3.

4.

5.

CIF Value Duty Leviable but for exemption Signature of the Customs Officer with Name,
Designation & Seal.
Heading No. of the   First Schedule to   the Customs Tariff . Act,1975 and Heading No. in the Schedule to the Central Excise Tariff Act, 1985 for levy of Additional Duty Rate of Duty
(i)Basic
(ii) Aux.
(iii) Additional,
Amount of Duty
6. 7. 8. 9. 10.

(Part E & F figure in the Export Part of this DEEC)

PART -G

Duties Paid on Materials in Respect of which the Conditions of said
Notification are not complied with

Sr.No. Sl. No. in part D under which the import of the materials has been entered Description, Quantity and value of Materials on which duty paid Rate of Duty leviable
(i) Basic
(ii) Auxiliary
(iii) Additional

1.

2.

3.

4.

Amount of
(i) Duty
(ii) Interest
Particulars of duty paying documents Signature of the Customs Officer

5.

6.

7.

VALUE BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE

PART- 2
(EXPORT)

(This consists of …….. pages)
Sl. No……… (EXP) Date of issue ……..
Port of Registration……………………
Issued to

…………………………………………………………… (name and full address of the licencee)
……………………………………………………………
……………………………………………………………
Materials imported against Licence No………… dated………. issued by…………. to the above importer and covered by the list of materials specified under part “C” of this certificate would be eligible for exemption from custom duties subject to the conditions specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 203/92-Customs, dated 19th May, 1992.

The importer shall make the exports in terms of the said Notification within …………. months from the date of issue of licence.

A Bond/Legal Undertaking, in terms of the said Notification, for Rs…………. shall be executed with …………….. (licensing authority), before clearances of the goods from the customs.

Signature
Seal of licensing authority
date

Bond/Legal undertaking executed on………….. for Rs……..(Rs………………………..) and registered under Sl. No…………………… with this office.It has been verified that the export obligation has been discharged in full. Therefore requirement of Bond/Legal undertaking is waived.
(Strike off inapplicable portion)

Signature
Seal of licensing authority
date

PART – A

Name and address of the factories where the resultant products for export are manufactured.



PART-B
Name and address of factories where the ancillaries to the resultant products for export are manufactured.



(Parts C and D figure in the Imports Part of this DEEC)

PART -E
Resultant products

Sl.No. Description

Quality

Technical Characteristic

1.

2.

3.

4

Quantity FOB Value in Rs./US $ S. No. of the materials in part-C

5.

6.

7.

PART- F
Particulars of exports

S.
No.

Sr. No. of the resultant product in part E

Name of the Customs House of Shipment

Shipping Bill No. & Date

Name of the vessel and outward entry of the vessel

1.

2.

3.

4.

5.

Quantity

Net weight of the export product

Description as per the Shipping Bill

FOB value in Rs./US$

Signature of Customs Officer with name, designation and seal & remarks if any

6.

7.

8.

9.

10.

PART -H

Statement of Imports and Exports Made
Type of Licence :-                         Licence No :-                         Date :
……………………………..            …………………………….          ……………………………………..
………………………………              ……………………………..          ……………………………………..
Details of Imports Made

Sr. No. – Sr. No. of part C Description Quantity Imported

C.I.F. Value In Rs. 
In Equivalent US$

1.

2.

3.

4.

5.

Details of Exports Made 

Sr. No. Sr. No. in part E Description Quantity Exported F.O.B. Value In Rs. In Equivalent US$

1.

2.

3.

4.

5.

1. I/We hereby declare that information given in this statement are correct.

2. I/We hereby declare that no benefit under rule 56A/57A/ 191A/ 191B as in force immediately before the 1st October, 1994, or under rule 57A/ 12(l)(b)/13(l)(b) of Central Excise Rules, 1944 has been availed of in respect of exports made under this DEEC.
Signature ………………………………………….
Name of the signatory ……………………….
Designation ………………………………………
Full Address ……………………………………..

Certificate by Chartered Accountant/Cost Accountant

I have examined that applicant firm”s actual imports and exports as given above and find them as correct.

Signature………………………………………….
Seal ………………………………………………….
Membership No. ………………………………

Part I

Endorsement of Transferability

We have discharged the prescribed export obligation and the sale proceeds have been realized in full. We request that the licence and the DEEC may please be made transferable.
Signature…………………………………………….
Name of the signatory …………………………..
Designation………………………………………….
FullAddress……….………………………………..

DEEC is made transferable

Signature
Seal of licensing authority
date

Notification No. 203/92-Cus., dated 19-5-1992 as amended by Notifications No. 289/92-Cus., dated 30-10-1992;
No. 9/93-Cus., dated 18-2-1993; No. 98/93-Cus., dated 12-3-1993; No. 138/93-Cus., dated 18-6-1993;
No. 183/93-Cus., dated 25-11-1993; No. 105/94-Cus., dated 18-3-1994; No. 179/94-Cus., dated 25-10-1994;
No. 199/94-Cus., dated 23-12-1994; No. 82/95-Cus., dated 31-3-1995 and No. 101/95-Cus., dated 26-5-1995.

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