13^th August 2002

Notification No. 39 /2002-Central Excise

            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), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts excisable goods specified in the Schedule to the Central Excise Tariff Act, 1985 ( 5 of 1986) (hereinafter referred to as the said goods), when brought into a special economic zone by a developer of special economic zone from factory of manufacture or warehouse situated in other parts of India, for the purposes of development, operation and maintenance of special economic zone, from the whole of the duty of excise leviable thereon under section 3 of the said Central Excise Act, and the additional duty of excise leviable thereon under subsection (1) of section 3 of the said Additional Duties of Excise (Goods of Special Importance) Act, subject to the following conditions, namely:-

• (i)    the developer has been granted permission by the Development Commissioner to develop, operate and maintain the special economic zone;

• (ii)    the said goods have been authorised to be brought from the factory of manufacture or warehouse by a Committee headed by the Chief Commissioner of Customs or the Chief Commissioner of Customs and Central Excise, as the case may be, having jurisdiction over said special economic zone;

• (iii)    the said goods shall be stored in the premises appointed or licensed as public warehouse or private warehouse, as the case may be, under section 57 or section 58 of the Customs Act, 1962 (1 of 1962);

• (iv)    the developer shall maintain proper account of procurement, consumption and utilisation of the said goods and submit quarterly statement to the Commissioner of Customs or the Commissioner of Customs and Central Excise, as the case may be, having jurisdiction over the said special economic zone in such Form as may be specified by him;

• (v)    the said goods shall not be allowed to be removed from the special economic zone except with the permission of the Assistant or Deputy Commissioner of Customs or the Assistant or Deputy Commissioner of Customs and Central Excise, as the case may be, having jurisdiction over the said special economic zone, and on payment of applicable duty; and

• (vi)    the developer shall execute a bond in such Form and for such sum as may be specified by the Commissioner of Customs or the Commissioner of Customs and Central Excise, as the case may be, binding himself to utilise the said goods within a period of six months or such extended period as may be allowed by him, and if the developer fails to do so, then he shall pay, on demand, an amount equal to the duty as leviable on the said goods along with interest at the rate of 15 per cent. per annum on the said duty from the date of procurement of the said goods till the payment of such duty.

 F. No. 305/24/2001-(Pt)

D. S. Garbyal

Under Secretary to the Government of India