Notification No. 42/99-Cus Dated 28-04-99
Exempts on the cut and polished diamonds and Gemstones imported by the holders of Diamond Imprest
Licences or or by the holders of Gem Replenishment Licences. -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 the cut and polished
diamonds and Gemstones falling under Chapter 71 of the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975) hereinafter referred to as the said Act,
upto five per cent of the Free on Board (FOB) value of the preceding financial
year of the exports of cut and polished diamonds or studded Jewellery, as the
case may be, when imported into India by the holders of Diamond Imprest
Licences issued under para 4.4.16 read with para 4.4.16.1 of the Foreign Trade
Policy, or by the holders of 1[Gem & Jewellery
Replenishment Authorization referred to in Paragraph 4A.4 of the Handbook of
Procedures (Volume-I)] Old[Gem Replenishment Licences referred to in para 4.58
of the HOP], as the case may be, from the whole of the duty of customs
leviable thereon under the First Schedule to the said Act and from the whole of
the additional duty and special additional duty, if any, leviable thereon
section 3 and section 3A respectively of the said Act, subject to the following
conditions, namely:-
(In this para bold words has been substituted vide Cus Ntf No.64/2002 date
24/06/2002 and No. 87/2004 dated 6-9-2004)
(i) the importer, in case of cut and polished diamonds, shall have any status of
Star Export House as categorized in para 3.5.2 of the Foreign Trade Policy and
in respect of the goods imported, the importer is the actual user within the
meaning of para 9.5 of the Foreign Trade Policy ;
(In Condn.(i) has been substituted vide Cus Ntf No.64/2002 date 24/06/2002
and No. 87/2004 dated 6-9-2004)
(ii) the maximum weight of any individual piece, in a consignment, of cut and
polished diamonds so imported shall not be more than 25 cents or 1/4th of a
carat and the entitlement of exemption under this notification shall not be
allowed to be carried forward;
(iii) the importer executes a bond in such from and for such sum as may be
specified by the Assistant Commissioner of Customs undertaking -
(a) to re-export the goods so imported within one year the date of import or
during such extended period as the Assistant Commissioner of Customs may allow;
(b) to pay on demand duty of customs as leviable and the penalty and fine, in
any, on the quantity of diamond and gemstones which are not exported, within the
specified period of one year or extended period under (a) above, as the case may
be.
Explanation.- for the purposes of this notification,-
1[(i) �Foreign Trade Policy� means
Foreign Trade Policy, 2009 - 2014 notified by the Government of India in the
Ministry of Commerce and Industry published in the Gazette of India,
Extraordinary, Part-II, Section 3, Sub section (ii) vide notification No.
1/2009-2014, dated the 27th August, 2009, as amended from time to
time.]
Old[(i) �Foreign Trade Policy� means the Foreign Trade Policy, 1st September, 2004- 31st March, 2009 published by the Government of India in the Ministry of Commerce and Industry vide notification No.1/2004-09, dated the 31st August, 2004, as amended from time to time.]
1[(ii) �Handbook of Procedures (Volume-I)� means Handbook of Procedures (Volume-I) notified by the Government of India in the Ministry of Commerce and Industry published in the Gazette of India, Extraordinary, Part-I, Section-1 vide Public Notice No. 1/2009-2014 dated the 27th August, 2009, as amended from time to time.]
Old[ (ii) " Handbook of Procedures Volume I " means the Handbook of Procedures Volume-I, 2002-2007 published by the Government of India in the Ministry of Commerce and Industry vide Public Notice No. 1/2002-2007, dated the 31st March, 2002.]
(iii) cut and polished diamonds shall include semi-processed diamonds, half-cut
diamonds and broken diamonds in any form.
(Explanation has been substituted vide Cus Ntf No.64/2002 date 24/06/2002 and
No. 87/2004 dated 6-9-2004)
1. Substituted vide Notification No. 106/2009-Cus Dated 14/9/2009
as amended by Notification Nos. 64/2002-Cus dt 24-6-2002 , 87/2004-Cus dt 6-9-2004 and 106/2009-Cus dt. 14/9/2009.