Notification No. 57/2000-Cus Dated 08-05-2000
Exemption on silver, gold and platinum imported as replenishment under the Scheme for Export through Exhibitions/Export Promotion Tours/Export of Branded Jewellery.-
In exercise of the powers conferred by sub-section
(1) of section 25 of the Customs Act, 1962, (52 of 1962), and in supersession of
the notification of the Government of India in the Ministry of Finance
(Department of Revenue), No. 144/93-Cus, dated the 28th June, 1993 [G.S.R.
480(E) dated the 28th June, 1993] except as respects things done or omitted to
be done before such supersession, the Central Government, being satisfied that
it is necessary in the public interest so to do, hereby exempts silver, gold and
platinum, falling under heading Nos. 71.06, 71.08 and 7 1. 10 respectively of
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported
into India, -
(a) as replenishment under the Scheme for 'Export through Exhibitions / Export
Promotion Tours / Export of Branded Jewellery' as referred to in paragraph
4.4.9 of the Foreign Trade Policy, read with relevant provisions of chapter
4 of the Handbook of Procedures, Volume I, or
(b) under the Scheme for 'Export Against Supply by Nominated Agencies' as
referred to in Paragraph 4.4.10 of the Foreign Trade Policy, read with
relevant provisions of Chapter 4 of the Handbook of Procedures, Volume-I,
from the whole of the duty of customs leviable thereon, which is specified in
the said First Schedule, and from the whole of the additional duty leviable
thereon under section 3 of the said Customs Tariff Act:
Provided that in the case of import of gold / silver / platinum as
replenishment under the scheme for 'Export through Exhibitions / Export
Promotion Tours / Export of Branded Jewellery', the importer undertakes to
fulfil the conditions of Foreign Trade Policy and relevant provisions of the
Handbook of Procedures, Volume-1 and produces such documents as stipulated in
the Foreign Trade Policy and the Handbook of Procedures, Volume-I and produces
such proof of exports made through exhibitions / export promotion tours etc. as
may be required by the Assistant Commissioner of Customs or the Deputy
Commissioner of Customs to satisfy himself with regard to eligibility of the
importer for the duty free import of replenishment material :
Provided further that in the case of import of gold / silver / platinum
under the scheme for 'Export Against Supply by Nominated Agencies', the importer
executes a bond in such form and for such sum as may be specified by the
Assistant Commissioner of Customs or Deputy Commissioner of Customs undertaking
to export, either by itself or through other exporters gold / silver / platinum
jewellery or articles, as the case may be, including studded articles having
gold / silver / platinum content equivalent to the imported gold / silver /
platinum within a period of 120 days from the date of issue of gold / silver /
platinum to the exporters, or such extended period as the Assistant Commissioner
of Customs or Deputy Commissioner of Customs, on sufficient cause being shown
may allow, and binding himself to pay on demand duty on quantity of gold /
silver / platinum representing the difference between the quantity issued and
that contained in the exported jewellery or articles
Explanation - for the purpose of this notification, -
(a) “Export and Import Policy” means the Export and Import
Policy, 2002-2007 notified by the Government of India in the Ministry of Commerce and Industry vide
notification No. 1/2002-2007, dated the 31st March 2002, as amended from time to time;
(b) "Handbook of Procedures Volume I" means the Handbook of Procedures Volume I, 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, as amended from time to
time.
(c) "Nominated Agencies" means the Metals and Minerals
Trading Corporation Limited (MMTC), the Handicraft and Handloom Export Corporation (HBEC), the State
Trading Corporation (STC), the Project and Equipment Corporation of India Ltd. (PEC) and any agency
authorised by the Reserve Bank of India (RBI);
as amended by Notification Nos. 64/2002-Cus dt 24-6-2002.