Notification No. 133/1994, Dated 22nd June 1994

Exemption to specified goods imported for use in the articles, etc. meant for export /export promotion/ processing (including repairing, reconditioning etc.) of export articles by units in EPZ or FTZ - Consolidation of exemption.

22-6-1994

        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 necessry in the public interest so to do, hereby exempts goods specified in the Annexure I of this notification (hereinafter referred to as the said goods), when imported into India or procured from a Public Warehouse or a Private Warehouse appointed or licensed, as the case may be, under section 57 or section 58 of the said Customs Act, or procured from international exhibitions held in India.

        (a) for the production or manufacture of articles for export out of India, or

        (b) for being used in connection with the production, manufacture or packaging of articles for export out of India, or for export of services out of India, or

        (c) for the carrying out processing of, or operations (including repairs  re-conditioning and re-engineering in relation to, the articles intended for export out of India, or

        (d) for promotion of such export or

        (e) omitted vide Notification No.-64/2002-cus dated 24-6-2002.

        by units within an Export Processing Zone or a Free Trade Zone specified in Annexure to this notification (hereinafter referred to as the Zone) from the whole of the duty of customs leviable thereon under the First Schedule to the Customs Tafiff Act, 1975 (51 of 1975) (here in after referred to as the Customs Tariff Act) and the  additional duty, if any, leviable thereon, under section 3 of the Customs  Tariff Act, subject to the following conditions, namely :

        (1) The importer has been authorised to establish the unit in the Zone for the purposes specified in clauses (a) to (d).

        (2) The importer has been granted the necessery licence for the import of the said goods.

        (3) The importer executes a bond in such form and for such sum as may be prescribed by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself -

            (i) to bring the said goods into his unit in the Zone and use them within the Zone for the purposes specified in clauses (a) to (d);

            (ii) to dispose of the said goods or the articles produced, manufactured, processed and packaged in his unit in the Zone or the waste, scrap and remnants arising out of such production manufacture, processing or packaging in the manner as may be prescribed in the Export- Import Policy and in this notificonfltlons. 

            (iii) to fulfill the Export Obligations and comply with the conditions stipulated in this notification and the Export and Import Policy and to pay on demand an amount equal to the duty as leviable on the goods and interest at the rate of fifteen percent per annum on the said duty from the date of duty free importation or procurement of the said goods till the payment of such duty, if -

              (i) in the case of capital goods, such goods are not proved to the satisfaction of the Assistant Commission of Customs or Deputy Commissioner of Customs to have been installed or otherwise used within the Zone or re-exported within a period of one year from the date of importation or procurement thereof or  within such extended period not exceeding five years as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, on being satisfied that there is sufficient cause for not using them as above within the said period, allow;

        (ii) in the case of goods other than capital goods, such goods are not proved to the satisfaction of the [Assistant Commissioner of Customs or Deputy Commissioner of Customs to have been used in connection with the production or packaging of goods for export out of India or re-exported within a period of one year from the date of importation or procurement thereof or within such extended period as the [Assistant Commissioner of Customs or Deputy Commissioner of Customs] may, on being satisfied that there is sufficient cause for nor