Notification No. 203/92-Cus Dated 19-05-92
Exemption available on materials imported against Value Based Duty Exemption Entitlement Certificate.- 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) issued on or before 31st March , 1995, in terms of para 49 of the Export and Import Policy 01 April 1992 -31 March 1997, from the whole of the duty of customs leviable thereon which is specified in the First Schedule to the Csutoms Tariff Act, 1975 (51 of 1975) and from the whole of the additional duty leviable thereon 2[under sub-sections (1), (3) and (5) of section 3] OLD[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 -
(a)
produces proof of having executed a bond or a legal undertaking before the
Licensing Authority concerned, for complying with the conditions of this
notification; and
(b) makes a declaration before the Assistant Commissioner of Customs or
Deputy 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 :
Provided that a bond or a legal undertaking and the declaration shall
not be necessary in respect of imports made after discharge of export
obligation in full, as evidenced by endorsement of Licensing Authority in
the said certificate;
(iii) that the said licence and the said certificate is produced before the
proper officer of customs at the time of clearance of imported goods out of
customs control :
Provided that no such imported materials shall be permitted clearance under
this notification unless a debit entry has been made, in the said licence and
the said certificate, by the proper officer of customs;
(iv) that the imports and exports are undertaken from sea ports at Bombay,
Calcutta, Cochin, Kandla, Mangalore, Marmagoa, Madras, Nava 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, New Gauhati Goods Shed, Moradabad,
Ludhiana and Hyderabad.
Provided that the Commissioner of Customs may by special order and
subject to such condition as may be specified by him, permit imports and
exports from any other sea port, airport, land customs station or inland
container depot;
(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 goods manufactured in India in respect of
which -
(a)
no input stage credit is obtained under rule 56A or 57A of the Central
Excise Rules, 1944 (hereinafter referred to as the said rules);
(b) facility, under rule 191A or rule 191B as in force immediately before
the 1st October, 1994, or under rule 12(1)(b) or rule 13(1)(b) of the said
rules, has not been availed; and
(c) drawback has not been claimed either under section 74 of the Customs
Act, 1962 or Customs and Central Excise Duties Drawback Rules, 1971;
(vi) exempt materials shall not be disposed of or utilised in any manner,
except for utilisation in discharge of export obligation, before the export
obligation under the said licence has been discharged in full and export
proceeds realised :
Provided that Acetic Anhydride in respect of which the benefit of this
notification is claimed shall be utilised by the importer in his own factory
or in the factory of any other manufacture indicated in the said certificate
even after discharge of export obligation and realisation of export proceeds;
(vii) where benefit of the notification is sought by a person other than
licencee, such benefit shall be allowed against the said licence and the said
certificate only if it bears endorsement of transferability by the Licensing
Authority :
Provided 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;
(viii) Notwithstanding anything contained in conditions (vi) and (vii) above,
the endorsement of transferability or disposal of materials shall be allowed
in respect of licences issued for the export of all kinds of writing
instruments (including gift sets and refills / nibs) on fulfilment of export
obligation only in favour of manufacture of writing instruments.
1[2. In a case of default in export obligation, when the duty on goods is paid to regularise the default, the amount of interest paid by the importer shall not exceed the amount of duty if such regularisation has been dealt in terms of Public Notice of the Government of India in the Ministry of Commerce No. 22 (RE-2013)/2009-2014 dated the 12th August, 2013]
EXPLANATIONS. - In this notification,-
(i)
"Export and Import Policy April 1992-March 1997" means the Export
and Import Policy 1 April 1992 - 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 an authority competent to grant a
licence under Imports (Control) Order, 1955 made under the Imports and Exports
(Control) Act, 1947 (18 of 1947).
(iii) "Materials" means -
(a)
raw materials, components, intermediates, consumables, computer software and
parts required for manufacture of export product :
Provided that in the case of electronic goods and all kinds of
writing instruments (including gift sets and refills / nibs), all export
items covered by one serial number in the Standard Input Output and Value
Addition norms as contained in Handbook of Procedures, 1992-97, Volume- II,
published, vide Public Notice No. 121(PN)/92-97, dated the 31st March, 1993,
of the Government of India in the Ministry of Commerce, shall be deemed to
be single export product
Provided further that nothing contained in this notification shall
apply to import of Acetic Anhydride against licences issued after 24th
November, 1993, except where such licences together with the quantity
required for manufacture of the export product mentioned therein have been
issued with the approval of Advance Licensing Committee in the office of the
Director General of Foreign Trade;
(b) spares and 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
exported along with the export product; and
(c) packaging materials required for packing of export product.
Signature
Seal of licensing authority
Date
Bond / Legal undertaking executed on ...... for Rs. ..... (Rupees
.................) and registered under Sl. No. ............... with this
office.
It has been verified that the export obligation has been discharged in full.
Therefore requirement of Bond / Legal undertaking is waived.
(Strike off inapplicable portion)
Signature
Seal of licensing authority
Date
|
Sl.No. |
Item of Import |
Quality |
Technical Characteristics |
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1. |
2. |
3. |
4. |
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Quantity |
CIF Value in Indian Rs. and in equivalent US $ |
S.No. of the resultant products in Part E |
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5. |
6. |
7. |
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Total value =
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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. |
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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 |
Amount of Duty |
||
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6. |
7. |
8. |
9. |
10. |
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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 |
|
1. |
2. |
3. |
4. |
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|
|
Amount
of |
Particulars of duty paying documents |
Signature of the Customs Officer |
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5. |
6. |
7. |
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Signature
Seal of licensing authority
Date
Bond / Legal undertaking executed on ...... for Rs. ..... (Rupees
.................) and registered under Sl. No. ............... with this
office.
It has been verified that the export obligation has been discharged in full.
Therefore requirement of Bond / Legal undertaking is waived.
(Strike off inapplicable portion)
Signature
Seal of licensing authority
Date
|
Sl.No. |
Description |
Quality |
Technical Characteristics |
|
1. |
2. |
3. |
4. |
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Quantity |
FOB Value in Rs./ US $ |
S. No. of the materials in Part-C |
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5. |
6. |
7. |
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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. |
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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 |
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6. |
7. |
8. |
9. |
10. |
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.......................... .................................. ...................................
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Sl.No. |
Sl. No. of Part C |
Description |
Quantity Imported |
C.I. F. Value
|
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| In Rs. | In Equivalent US $ | ||||
|
1. |
2. |
3. |
4. |
5. |
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Sl.No. |
Sl. No. in Part E |
Description |
Quantity Exported |
F.O.B. Value
|
| In Rs In Equivalent US $ | ||||
|
1. |
2. |
3. |
4. |
5. |
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1.
I / We hereby declare that information given in this statement are correct.
2. I / We hereby declare that no benefit under rule 56A/57A/191A/191B as in
force immediately before the 1st October, 1994, or under rule
57A/12(1)(b)/13(1)(b) of Central Excise Rules, 1944 has been availed of in
respect of exports made under this DEEC.
Signature
.........................
Name of the signatory .............
Designation .......................
Full Address ......................
...............
Signature
..........................
Seal ...............................
Membership No. .....................
Signature
.........................
Name of the signatory .............
Designation .......................
Full Address ......................
DEEC is made transferable
Signature
Seal of licensing authority
Date
1 Inserted Vide Notification No. 46/2013-Cus Dated 26/09/2013
2. Substituted Vide: Notification No.
26/2017-Cus Dated 29/06/2017
as amended by Notifications Nos. 289/92-Cus dt 30-10-1992, No. 9/93-Cus dt 18-2-1993, No. 98/93-Cus dt 12-3-1993, No. 138/93-Cus dt 18-6-1993, No. 183/93-Cus dt 25-11-1993, No. 105/94-Cus dt18-3-1994, No. 179/94-Cus dt 25-10-1994, No. 199/94-Cus dt 23-12-1994, No. 82/95-Cus dt 31-3-1995 and No. 101/95-Cus dt 26-5-1995.