Notification No. 148 dated 19th
September 1995 (As amended by notification nos. 29/96, 51/99,121/99, 120/2000, 30/2001,
122/2001, Notification No. 113 dated 16th
October 2002, Notification No. 125 dated 12th November 2002)
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) applied for and issue on or after 19th September,
1995 in terms of paragraph 49 of the Export and Import Policy 1992-1997, with
an obligation to export products specified in the Table annexed to this
notification, from the whole of the duty of customs leviable therein 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 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 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 fifteen percent per annum the date of
clearance of the said 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 for debit;
(iv)������ that the imports and exports� are undertaken through the sea ports at
Mumbai, Calcutta, Cochin, Magdolla, Kakinada, Kandla, 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, Jalandhar, 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, Madurai, Bhilwara, Pondicherry and Garhi Harsaru
or through the Land Customs Station at Ranaghat, Singhabad and Rakaul:
Provided that
the Commissioner of Customs, may be 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 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 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, -
(a)��������� facility
under rule 12(1)(b) or rule 13(1)(b) of the said rules has not been availed;
and
(b)��������� drawback
has not been claimed either under section 74 of the Customs Act, 1962 (52 of
1962) or the Customs and Central Excise Duties Drawback Rules, 1995
(vi)������ that the importer produces evidence of
discharge of export obligation to the satisfaction of the Assistant
Commissioner of Customs within a period of 30 days of the expiry of period
allowed for fulfilment 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
utilisation 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.
Explanation: -In this notification, -
(i)������� �Export and Import Policy 1992-97� means the Export and
Import Policy 1st April 1992 � 31st March, 1997 published
vide Public Notice of the Government of India in the Ministry of Commerce No.
1-ITC (P.N)/ 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 authorised 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
���������� (b)������ packaging
materials required for packing of export product.
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Sr. No.
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Export product
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1.
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Leather garments
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2.
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Textile
garments including knitwear
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