Notification No. 149/95-Cus Dated 19-09-95

Exemption on materials imported against 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 and 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 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 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 per cent 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 the sea ports at Mumbai, Calcutta, Cochin, magdalla, Kakinada, Kandla, Managalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin and 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 and 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, Ahmedabad, Bhiwadi, Madurai, Bhilwara, Pondicherry and Garhi Harsaru or through the Land Customs Station 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 in 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 3(1) (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-CE(N.T.) Dated the 22nd September, 1944;

(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.

(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 manufacturing in terms of condition (Vii).

(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, 1April 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, 1995, 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;

(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.

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Seal of licensing Authority-----------
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Signature

Seal of licensing authority

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

2. I/We hereby declare that no benefit under Rule 18 or Rule 19 of the Central Excise (No.2) Rules, 2001 except for the benefit under notification No. 49/94-CE (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..............................

as amended by Notification Nos. 162/95-Cus dt 1-12-1995, 30/96-Cus dt 15-6-1996, 71/96-Cus dt 10-9-1996, 93/97-Cus dt 19-12-1997, 51/99-Cus dt 29-4-1999, 121/99-Cus dt 4-11-1999, 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.