This notification exempts material imported against a Quantity Based Advance license issued on or after 01.04.1995

TG Team 31 Mar 1995 364 Views 0 comment Print Custom Duty | Notifications, Notifications/Circulars

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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

31-3-1995

Notification No. 80/95-Customs

Advance Licence issued on or after 1-4-1995 – materials imported under.

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 issued on or after 1st April,1995 (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) 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 on or after 1st April,1995 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 allowed for a particular description of materials cannot be imported within the specified value under the said certificate, the Collector of Customs may allow adjustment of individual value within total value;

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

(a) Omitted.

(b) executes a bond with such surety or security and in such form and for such sum as may be specified by the Assistant Collector of Customs binding himself to pay on demand, an amount equal to the duty leviable on the imported materials but for the exemption contained therein, in respect of which the conditions specified in this notification have not been complied with together with interest at the rate of 24% per annum from the date of clearance of the materials.

Provided that the Bond shall not be necessary in respect of imports made after 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 of imported goods 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 sea port, airport, or inland container depot or through a land customs station;

(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 Licensing Authority or the Director General of Foreign Trade, by exporting goods manufactured in India and the said certificate together with evidence of discharge of export obligation to the satisfaction of the [Assistant Commissioner of Customs or Deputy Commissioner of Customs] is produced within 30 days of expiry of period allowed for fulfilment of export obligation or within such extended period as the said Assistant Collector of Customs may allow;

(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 discharge in full.

Provided that Acetic Anhydride, [Ephedrine, Pseudoephedrine, Vitamins, Pen-G and their derivatives]. 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;

(vii) where benefit of this notification is sought by a person other than the 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 the licence for import of Acetic Anhydride, Ephedrine and Pseudoephedrine.

Explanation. – In this notification, –

(i) “Advance Licence” means the Quantity Based Advance Licence issued in terms of paragraph 50 and Quantity Based Advance Intermediate Licence issued under paragraph 55 of the Export and Import Policy, April, 1992 – March, 1997;

(ii) “Export and Import Policy April, 1992 – March, 1997” means the Export and Import Policy 1 April, 1992 – 31 March, 1997 published vide notification of the Government of India in the Ministry of Commerce No. 1(RE-95)/92-97, dated the 31st March, 1995;

(iii) “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 authorised by him to grant a licence under the said Act;

(iv) “materials” means –

(a) raw materials, components, intermediates, consumables, computer software and parts required for manufacture of export product specified in Part E of the said certificate (hereinafter in this Explanation referred to as the export product); or, in case of Quantity Based Advance Intermediate Licence, 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.

Provided that the benefit of this notification shall apply to import of Acetic Anhydride, only against licences issued with the approval of Advance Licensing Committee in the office of the Director General of Foreign Trade;

(b) mandatory spares within a value limit of 5% of the value of the licence which are required to be exported along with the export product; and

THE SCHEDULE
QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE

I. 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 in list (a) of Part “C” of this certificate would be eligible for exemption from Basic Customs Duty subject to the conditions specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. /95-Customs, dated the …………

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
Lists of items of import

(a) ITEMS TO BE IMPORTED UNDER THIS CERTIFICATE

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.

(b) OTHER IMPORTED ITEMS TO BE USED IN EXPORT PRODUCT

Sr. No.	Description	Quantity	Value
1.	2.	3.	4.

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.

IF Value	Duty leviable but for exemption	Signature of the
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 Basic	Amount of Duty	Customs Officer with Name, Designation and seal.
6.	7.	8.	9.	10

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

PART -G
Duties paid on materials in respect of which the condition 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) Additional
1.	2.	3.	4.

Amount of (i) Duty (ii) Interest	Particulars of duty paying documents.	Signature of the Customs officer.
5.	6.	7.

QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE

II. EXPORTS

(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 in list (a) of Part “C” of this certificate would be eligible for exemption from Basic Customs duty subject to the conditions specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. /95-Customs, dated the 31st March, 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.

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

PART -E
Resultant products

Sr. No.	Description	Quality	Technical Characteristics
1.	2.	3.	4.

Quantity	FOB value in Rs./US $	Sl. No. of the materials in Part – C.
5.	6.	7.

PART -F
Particulars of exports

Sr.No.	S. No. of the resultant product in Part E.	Name of the Customs House of shipment	Shipping Bill No. and date	Name of the vessel and outward entry of the vessel.
1.	2.	3.	4.	5.

Quantity	Net weight of the product	Description as per the Shipping Bill.	FOB value in Rs./US $	Signature of Customs Officer with name, designation & seal and remarks if any.
6.	7.	8.	9.	10.

PART-H
Statement of imports and exports/supply made

        Type of licence.                                                     Licence No.                                         Date
……………………………………..                               ……………………………………..               ……………………………………..
……………………………………..                               ……………………………………..               ……………………………………..

Details of imports made :

S. No.	S. No. of Part C	Description	Quantity Imported	CIF value in Rs./in equivalent US $
1.	2.	3.	4.	5.

Details of Exports made

Sr. No.	S. No. in Part E	Description	Quantity Exported	FOB value in Rs./in equivalent US $
1.	2.	3.	4.	5.

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

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

Certificate by 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………………………………..

PART -1
Endorsement of Transferability

We have discharged the prescribed export obligation. We request that the licence and the DEEC may please be made transferable.

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

DEEC is made transferable.

Signature
Seal of licensing authority
date

Notification No. 80/95-Cus., dated 31-3-1995 as amended by Notifications No. 141/95-Cus., dated 19-9-1995; No. 25/96-Cus., dated 15-6-1996; No. 91/97-Cus., dated 19-12-1997; No. 49/99-Cus., dated 29-4-1999; No. 121/99-Cus., dated 4-11-1999 and corrected by M.F. (D.R.) corrigendum drawback/P.N./3/99, dated 29-6-1999 and Notfn.No.30/2001 dated 12.03.2001.