Notification No. 80/1995, Dated 31st March 1995

Advance Licence issued on or after 1-4-1995 - materials imported under.

31-3-1995

Notification No. 80/95-Customs

        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 an Advance Licence issued on or after 1st April,1995 (hereinafter referred to as the said licence), from the whole of the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act,1975 (51 of 1975) subject to the following conditions, namely .

        (i) that the materials imported are covered by a Quantity Based Duty Exemption Entitlement Certificate (hereinafter referred to as the said certificate), issued by the Licensing Authority on or after 1st April,1995 in the form specified in the Schedule annexed to this notification, in respect of the value, quantity, description, quality and technical characteristics.

        Provided that where quantity allowed for a particular description of materials cannot be imported within the specified value under the said certificate, the Collector of Customs may allow adjustment of individual value within total value;

        (ii) that the importer at the time of clearance of the imported materials -

        (a) Omitted.

        (b) executes a bond with such surety or security and in such form and for such sum as may be specified by the Assistant Collector of Customs binding himself to pay on demand, an amount equal to the duty leviable on the imported materials but for the exemption contained therein, in respect of which the conditions specified in this notification have not been complied with together with interest at the rate of 24% per annum from the date of clearance of the materials.

        Provided that the Bond shall not be necessary in respect of imports made after discharge of export obligation in full;

        (iii) that the said licence and the said certificate are produced before the proper officer of Customs at the time of clearance of imported goods for debit.

        (iv) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin, Magdalla, Kakinada, Kandia, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Nagapattinam , Okha and Mundhra or through any of the airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Calcutta, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum,Varanasi, Nagpur and Cochin or through any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar Kanpur Ludhiana, Moradabad, Nagpur, Pimpri, Pune, Pitampur, Indore, Surat, Tirupur, Varanasi, Nasik, Rudrapur, Nainital, Dighi, Pune, Vadodara, Daulatabad, (Wanjarwadi and Maliwada) Waluj (Aurangabad), Anaparthy, (Andhra Pradesh), Salem, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi and Madurai or through the Land Customs Station at Ranaghat and Singhabad.

        Provided that the Commissioner of Customs may by special order and subject to such conditions as may be specified by him, permit import and export through any other sea port, airport, or inland container depot or through a land customs station;

        (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 or the Director General of Foreign Trade, by exporting goods manufactured in India and the said certificate together with evidence of discharge of export obligation to the satisfaction of the [Assistant Commissioner of Customs or Deputy Commissioner of Customs] is produced within 30 days of expiry of period allowed for fulfilment of export obligation or within such extended period as the said Assistant Collector of Customs may allow;

        (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 discharge in full.

        Provided that Acetic Anhydride, [Ephedrine, Pseudoephedrine, Vitamins, Pen-G and their derivatives]. 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 manufacturer indicated in the said certificate even after discharge of export obligation;