This notification exempts material imported against an Advance license issued on or after 19.09.1995

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

19-9-1995

Notification No. 149/95-Customs

Advance Licence – issued on or after 19-9-1995 – material imported.

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 an Advance Licence applied for and issued on or after 19th September, 1995, with an obligation to export products specified in the Table annexed to this notification (hereinafter referred to as the said licence), 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 Quantity 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, in respect of the value, quantity, description, quality and technical characteristics:

Provided that where quantity for a particular description of materials cannot be imported within the specified value under the said certificate, the Commissioner of Customs may allow adjustment of individual value within the total value;

(ii) that the importer at the time of clearance of the imported materials executes a bond with such surety or security and in such form and for such sum as may be specified by 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, together with interest at the rate of twenty-four percent per annum from the date of clearance of the said materials.

Provided that the bond shall not be necessary in respect of imports made after the discharge of export obligation in full;

(iii) that the said licence and the said certificate are produced before the proper officer of customs at the time of clearance for debit;

(iv) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin, Magdalla, Kakinada, Kandia, Mangalore,Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Nagapattinam , Okha and Mundhra or through any of the airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi,Nagpur and Cochin or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana,Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj Aurangabad),Anaparthy (Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi and Madurai or through the Land Customs Station at Ranaghat and Singhabad:

Provided that the Commissioner of Customs, may by special order and subject to such conditions as may be specified by him, permit import and export through any other Seaport, Airport, or Inland Container Depot or through the Land Customs Station.

(v) that me export obligation discharged within the period specified in the said certificate or within such extended period as may be granted by the Licensing Authority by exporting products manufactured in India which are specified in Part “E” of the said certificate and also specified in the Table annexed to this notification (hereinafter referred to as export product) and in respect of which facility under rule 12(1) (b) or rule 13(l) (b) of the Central Excise Rules, 1944, has not been availed in respect of materials permitted under the said licence; except the benefit under notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 49/94-C.E.(N.T.), dated the 22nd September, 1994;

(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs within a period of 30 days of the expiry of period allowed for fulfillment of export obligation, or within such extended period as the said Assistant Commissioner of Customs may allow;

(vii) exempt materials shall not be disposed of or utilised in any manner except for utilization in discharge of export obligation or for replenishment of such materials and the materials so replenished shall not be sold or transferred to any other person;

(viii) that in relation to products specified at serial No. 4 of the Table to this notification, –

(a) the name and address of the supporting manufacturer is specified in the said licence and the said certificate and the bond required to be executed by the importer in terms of condition (ii) shall be executed jointly by the Merchant Exporter and the supporting manufacturer binding themselves jointly and severally to comply with the conditions specified in this notification; and

(b) exempt materials are utilised in the factory of such supporting manufacturer in terms of condition (vii).

Explanation:- In this notification, –

(i) “Advance Licence” means Quantity Based Advance Licence issued in terms of paragraph 50 and Quantity Based Intermediate Licence issued under paragraph 55 of the Export and Import Policy 1 April, 1992 – 31 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 the Director General of Foreign Trade appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorized by him to grant a licence under the said Act.

(iii) “Materials” means –

(a) raw materials, components, intermediates, consumables, computer software and parts required for manufacture of export product and packaging materials required for packing of export product, which in case of a Quantity Based Advance Intermediate Licence, includes for manufacture and supply to holder of a Special Imprest Licence for producing final goods referred to in sub-clauses (b), (c) and (d) of clause (iii) of the Explanation in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.128/94-Customs, dated the 10th June, 1994.

Table

THE SCHEDULE QUANTITY 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. 149/95-Cus./dated the 19th September, 1995.

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

A Bond in terms of the said notification, shall be executed before clearance of the goods from the Customs.

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

PART-D
Particulars of import of materials

(Parts E and 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

QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE PART
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 customs duties subject to the conditions specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 149/95-Cutoms, dated the 19th September, 1995.
The importer shall make the exports in terms of the said notification within ……… months from the date of issue of licence.
A Bond in terms of the said notification, shall be executed before clearances of the goods from the customs.

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.
________________________________________________________________________________
________________________________________________________________________________

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

PART -E
 Resultant products

PART -F
Particulars of exports

PART -H
Statement of imports and exports/supply made

 Details of imports made:

Details of Exports made:

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

2. I/We hereby declare that no benefit under rule 12(l) (b) or rule 13(l) (b) of the Central Excise Rules, 1944, except for the benefit under notification No. 49/94-C.E. (N.T.), dated the 22nd September, 1994, has been availed in respect of exports made under this DEEC.

Signature…………………………………………..
Name of the Signatory………………………….
Designation……………………………………….
Full address………………………………………

Certificate of Chartered Accountant/Cost Accountant

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

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

Notification No. 149/95-Cus., dated 19-9-1995 as amended by Notifications No. 162/95-Cus., dated 1-12-1995;  No. 30/96-Cus., dated 15-6-1996; No. 71/96-Cus., dated 10-9-1996; No. 93/97-Cus., dated 19-12-1997; No. 51/99-Cus., dated 29-4-1999 and No. 121/99-Cus., dated 4-11-1999 and Notfn.No.30/2001 dated 12.03.2001.