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Raw materials etc. for manufacture of specified goods for supply to a
hundred per cent export oriented undertaking or free trade zone
Notification
No. 101 dated 16th March 1993 {(supersedes
162/90) as amended by notification nos. 136/93, 157/93, 183/931, 105/94,
127/94, 101/95}
In
exercise of the powers conferred by sub-section (1) of section (1) of section 25
of the Customs Act, 1962 (52 of 1962) and in supersession of the notification of
the Government of India, in the Ministry of Finance, (Department of Revenue),
No.162/90-Cus dated the 30th March, 1990, the Central Government,
being satisfied that it is necessary in the Public Interest so to do, hereby
exempts materials required for the manufacture of the goods specified
in the Table hereto annexed (hereinafter referred to as final products when
imported into India by a manufacturer of the final products for supply to a
hundred percent export oriented undertaking or a unit within a free trade zone,
from the whole of the duty of Customs leviable thereon under 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: -
(1)
that the importer has been granted necessary import licence or release
order on the canalising agency by the Licencing Authority before 31st
March, 1994 for the import or release of materials for the aforesaid purpose,
and the same is produced at the time of clearance for debit by the proper
officer of the Customs;
(2)
that the import licence contains the endorsements specifying, inter-alia
-
(a) the description quantity, and the
value of materials allowed to be imported under the said licence;
(b) the description and quantity of
materials allowed to be imported duty free; and
(c) the description and quantity of
final products to be manufactured out of, or with, the imported materials;
(3)
the importer furnishes proof of having executed a bond in such form and
for such sum as may be specified by the said Licensing Authority, binding
himself to fulfil the obligations and conditions stipulated in this
notification;
(4)
the importer makes a declaration at the time of clearance of imported
materials before the Assistant Commissioner of Customs that he shall 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;
(5)
that the importer produces evidence to the satisfaction of the said
Licensing Authority, for the purpose of discharging the liability in respect of
customs duty as well as for discharging the obligations against the said licence;
(6)
that the exempt materials are utilised for the manufacture of final
products for supply to a hundred per cent export oriented undertaking or a unit
within a free trade zone and that no portion of such materials shall be loaned,
transferred, sold or disposed of in any other manner:
Provided
that where obligations under the licence have been fully discharged, sale
proceeds realised and bond executed in terms of condition (3) redeemed by the
Licensing Authority, the importer may if the benefit of input stage credit under
rule 56A or rule 57A of Central Excise Rules, 1944 has not been availed in
respect of final products manufactured, transfer the imported materials to any
other person.
Provided
further that no such transfer of materials imported against a licence issued
after 31st March, 1993 shall be made after discharge of export
obligation, realisation of sale proceeds and redemption of bond by the Licencing
Authority and such materials may be used by the importer for manufacture of any
other goods.
Provided
also that no loan, transfer, sale or disposal of Acetic Anhydride shall be made
and the same shall be utilised by the importer in his own factory or in the
factory of any other manufacturer as approved by the Licencing Authority.
2.
Where benefit of this notification is sought by a person other than the
licencee, such benefit shall be allowed against the licence only if it bears
endorsement of transferability by the Licensing Authority.
Provided
that no such endorsement of transferability shall be made by the Licensing
Authority -
(a)
unless obligations against the licence have been discharged, sale proceed
realised and the bond executed by the importer in terms of condition (3)
redeemed; and
(b)
where benefit of input stage credit under rule 56A or rule, 57A of Central
Excise Rules, 1944 has been obtained.
(c)
where licence has been issued after 31st March, 1993.
Provided
further 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.
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S.
No.
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Description
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(1)
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(2)
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(1)
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Corrugated
cartons
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(2)
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Tin
Containers
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(3)
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Plastic
extruded/ moulded/ fabricated products
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(4)
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Multilayer
laminated collapsible tubes
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(5)
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Circular
diamond saw fitted with segments
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(6)
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Segments
of circular diamond saw
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(7)
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Acetate
Cigarette filter rods
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(8)
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Any
other item as may be specified by a Public Notice issued in pursuance of
sub-paragraph (iii) of paragraph 56 of 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 (PN) 92-97
dated the 31st March, 1992
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Explanation:
In this notification -
(i)
�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.
(ii)
�Free trade zone� and �hundred per cent export-oriented
undertaking� have the same meanings as in Explanation 2 to sub-section (1)
of section 3 of the Central Excise and Salt Act, 1944 (1 of 1944);
(iii)
�Materials� means-
(a)
raw materials, components, intermediates, consumables, and parts required for
the manufacture of final products;
Provided
that nothing contained in this notification shall apply to import of Acetic
Anhydride against licence issued after 24th November 1993, except where such
licences have been issued with the approval of Advance Licencing Committee in
the office of the Director General of Foreign Trade.
(b)
spares, including 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 supplied along with the final products so manufactured; and
(c)
packing materials required for the packing of final products to be supplied;
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