Notification No. 43/96-Cus Dated 23-07-96
Goods re-imported after having done some specific process are eligible to exemption.-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 goods falling within
the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), on which a
manufacturing process was undertaken in India and which were exported out of
India for carrying out further manufacturing processes of coating,
electroplating or polishing or a combination of one or more of these processes,
as the case may be, (hereinafter referred to as said processes), when
re-imported into India, after completion of the said processes, from so much of
the duty of customs leviable thereon which is specified in the said First
Schedule and the additional duty leviable thereon under section 3 of the said
Customs Tariff Act, as is in excess of the amount of duty of customs which would
be leviable if the value of such re-imported goods were made up of the fair cost
of the said processes carried out abroad (whether such cost is actually incurred
or not) and insurance and freight, both ways :
Provided
that the proper officer of customs is satisfied,-
(a)
of the identity of goods;
(b)
that the goods are re-imported within a period of one year or such extended
period as the Commissioner of Customs may, having regard to the circumstances of
each case, allow, from the date of their exportation from India for carrying out
the said processes;
(c)
that the goods were not exported under claim for drawback of any duty or under
claim for rebate of central excise duty or under bond without payment of central
excise duty; and
(d)
that there has been no change in the ownership of the goods between the time of
their exportation from India and importation into India.