Notification No. 148/1995-Cus Dated 19-09-1995

Exemption relating to materials imported against a 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 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 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 twenty-four 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 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 sea ports at Bombay, Calcutta, Cochin, Kandla, Mangalore, Marmgoa, Madras, Nhava Sheva, Paradeep, Tuticorin and Visakhapatnam, or through any of the airports at Ahmedabad, Bangalore, Bombay, Calcutta, Delhi, Jaipur, Varanasi, Srinagar, Trivandrum, Hyderabad and Madras or through any of the Inland Container Depots at Bangalore, Coimbatore, Delhi, Gauhati, Moradabad, Ludhiana and Hyderabad :
 

Provided that the Commissioner of Customs may by special order and subject to such conditions as may be specified by him, permit imports and exports through any other sea port, airport, 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 Licencing Authority by exporting products manu- factured 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.
 

Explanations. - In this notification, -
 

(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 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.
 

TABLE

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

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 clearance of the goods from the Customs.

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

List of items of import

Total CIF value Rs............

PART - D

Particulars of import of materials

(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

VALUE BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE

PART - 2

(EXPORT)

(This consists of ..... pages)

Sl. No. ....... (EXP) Date of issue ......

Port of Registration ...........

Issued to

Materials imported against licence No. ..... ....dated ....... issued by ....... to the above importer and covered by the list of materials specifed 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 clearance of the goods from the Customs.

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 and D figure in the Import Part of this DEEC)

PART - E

Resultant products

PART - F

Particulars of exports

PART - H

Statement of Imports and Exports made

Details of Imports made

Details of Exports made

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

2. I/We hereby declare that no benefit under rule 12(1)(b)/13(1)(b) of the Central Excise Rules, 1944, has been availed in respect of exports made under DEEC

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.

*****