Notification No. 148/95-Cus Dated 19-09-95

Exemption on materials imported against Value Based Advance Licence issued on or after 19-9-1995.- 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 issued 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 additional 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 of the 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 aqual 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 per cent per annum from the date of clearance of the said materials.


Provided that the bond shall not be respect of import 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,Magdalla,Kakinada, Kandla, Managalore, 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,Gunture, Hyderabad, Jaipur, Jalandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri(Pune), Pitampur (Indore), Surat, Tirupur and Varanasi, Nashik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Dulatabad (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 Stations at Ranaghat, Singhabad and Raxaul;

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 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 by exporting products manufactured in India which are specified in Part `E' of the said certificated 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, (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 replenishment shall not be sold or transferred to any other person.

(i) "Export and Import Policy 1992-97" means 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

(b) packaging materials required for packing of export product.

TABLE


Sr. No.	Export product
1.	Leather garments.
2.	Textile garments including knitwear.


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. 148/95-Customs, 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 product 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


Sl.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 CIF Value Rs............

PART -D

Particulars of import of materials



Sl.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)Additional	Amount of Duty
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 conditions of Notification are not complied with


Sl. 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.


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 customs duties subject to the conditions specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 148/95-Customs, 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 Import Part of this DEEC)

PART -E

Resultant products



Sl.No.	Description	Sr. No. in table to Notification no. 148/95-Customs	Quality	Technical Characteristics.
1.	2.	3.	4.	5.




Quantity	FOB Value in Rs./US$	S. No. of the materials in Part - C
6.	7.	8.


PART -F

Particulars of exports


Sl. No.	Sl. 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
Details of Imports made



Sl.No.	Sl. No. of Part C	Description	Quantity Imported	CIF value  InRs.  In Equivalent US $
1.	2.	3.	4.	5.


Details of Exports made



Sl. No.	Sl. 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 is correct.

2. I/We hereby declare that no benefit under rule 12(l) (b)/13(l) (b) of the Central Excise Rules, 1944, has been availed in respect of exports made under DEEC.



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........................

as amended by Notification Nos. 29/96-Cus dt 15-6-1996, 92/97-Cus dt 19-12-1997, 51/99-Cus dt 29-4-1999, 121/99-Cus dt 4-11-1999 (Corrected vide Corrigendum No. Drawback P.N.4/99), 120/2000-Cus dt 15-9-2000, 30/2001-Cus dt 12-3-2001, 122/2001-Cus dt 3-12-2001, 113/2002-Cus dt 16-10-2002 and 125/2002-Cus dt 12-11-2002.