Notification No. 104/1993, Dated 16th March 1993

         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 Special Value Based Advance Licence (hereinafter referred to as the said licence) issued on or before 30th April, 1995 in terms of Government of India, Ministry of Commerce, Notification No. 39(N-7)/92-97, dated the 27th August, 1992 issued under paragraph 3 of the Export and Import Policy, 1 April, 1992 - 31 March, 1997, published videPublic Notice of the Government of India in the Ministry of Commerce No. l-ITC(PN) 92-97, dated the 31st March, 1992, as amended from time to time, 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) and from the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, namely.

        (i) that the materials imported are covered by a Value Based Duty Exemption Entitlement Certificate (hereinafter referred to as the said certificate), issued by the Licensing Authority in the form specified in the Schedule annexed to this notification;

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

            (a) produces proof of having executed a bond or a legal undertaking before the Licensing Authority for complying with the conditions of this notification; and

            (b) makes a declaration before the [Assistant Commissioner of Customs or Deputy Commissioner of Customs] that he shall pay on demand an amount equal to the duty leviable but for the exemption, on the imported materials in respect of which the conditions specified in this notification have not been complied with;

            (c) the said licence and the said certificate for debit by the proper officer of customs;

        (iii) that the imports and exports are undertaken from sea ports at Bombay, Calcutta, Cochin, Kandia, Mangalore, Marmagoa, Madras, Nhava Sheva, Paradeep, Tuticorin and Vishakhapatnam, or through any of the airports at Ahmedabad, Bangalore, Bombay, Calcutta, Delhi, Jaipur, Varanasi, Srinagar, Trivandrum, Hyderabad and Madras or through any of the inland container depots at Bangalore, Coimbatore, Delhi, New Gauhati Goods Shed, Moradabad, Ludhiana and Hyderabad .

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

        (iv) 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, by exporting goods manufactured in India in respect of which -

            (a) input stage credit has not been obtained under rule 56A or 57A of the Central Excise Rules, 1944 (hereinafter referred to as the said rules);

            (b) facility, under rule 191A or rule 191B, as in force immediately before the 1st October, 1994, or rule 12(l) (b) or rule 13(l) (b) of the said rules, has not been availed; and

            (c) drawback has not been claimed either under section 74 of the Customs Act, 1962 or under the Customs and Central Excise Duties Drawback Rules, 1971;

        (v) exempt materials shall be utilised only for discharge of export obligation and no part thereof shall be disposed of in any other manner.

        Explanation. - In this notification, -

        (i) "Licensing Authority" means the Director General of Foreign Trade appointed under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant a licence under the said Act;

        (ii) "materials" means -