Notification No. 21/2013, Dated 13th June 2013

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION
(i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 21/2013-Central Excise

New Delhi, dated the 13th June, 2013

G.S.R. 372(E).- In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), read with sub-section (3) of section 3 of the Additional Duties of Excise (Goods  of Special Importance) Act, 1957 (58 of 1957) and sub-section (3) of section 3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue)No. 30/2012-Central Excise dated the 9th July, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i),
vide number G.S.R. 542(E), dated the 9th July, 2012, namely :-

(c) after the first proviso, the following proviso shall be inserted, namely:-
 “Provided further that for the purpose of calculation of export performance or for computation of entitlement under paragraph 3.14.4 or paragraph 3.14.5 of the Foreign Trade Policy, the incremental growth shall be in respect of each exporter [Importer Exporter Code (IEC) holder] without any scope of combining the export for group company or for transferring export performance from any other IEC holder and the incremental growth shall be in terms of freely convertible currency to the designated
markets. The following categories of exports shall not be counted for calculation of export performance or for computation of entitlements:

(i) Export of imported goods or exports made through trans-shipment;

(ii) Export from SEZ/ EOU /EHTP /STPI /BTP/FTWZ;

(iii) Deemed Exports;

(iv) Service Exports;

(v) Third Party exports;

(vi) Diamond, Gold, Silver, Platinum, other precious metal in any form including plain and studded jewellery and other precious and semi-precious stones;

(vii) Ores and concentrates of all types and in all formations;

(viii) Cereals of all types;

(ix) Sugar of all types and all forms;In the said notification, in paragraph 2, in condition (a),-

(a) for the word and figure “Volume I”, the words and figures “Volume I in terms of entitlement under paragraph 3.14.2 or against the exports to the countries or regions specified in paragraph 3.14.4(e) or paragraph 3.14.5(e) of the Foreign Trade Policy, as the case may be” shall be substituted;

(b) in the first proviso, for the words “the Focus Market Scheme”, the words and figures “paragraph 3.14.2 of the Foreign Trade Policy” shall be substituted;(x) Crude / petroleum oil and crude / primary and base products of all types and all formulations;

(xi) Export of milk and milk products;

(xii) Export performance made by one exporter on behalf of other exporter;

(xiii) Supplies made to SEZ units;

(xiv) Items, export of which requires an export authorisation (except SCOMET);

(xv) Export of Meat and Meat Products;

(xvi) Exports to Singapore, UAE and Hong Kong,

(xvii) SEZ/EOU/EHTP/BTP/FTWZ products exported through DTA units;’’.

[F.No.605/10/2013-DBK]
(Sanjay Kumar)
Under Secretary to the Government of India

Note- The principal notification number 30/2012-Central Excise, dated the 9th July, 2012 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 542 (E), dated the 9thJuly, 2012 and was last amended by notification No.17/2013-Central Excise dated the 16th May,2013 vide
number G.S.R. 315(E) dated the 16th May,2013.

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