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4th April, 2003.
Notification No. 33 /2003 - Central Excise
In exercise of the powers conferred by sub-section (1) of section
5A of the Central Excise Act, 1944(1 of 1944), the Central
Government, being satisfied that it is necessary in the public
interest so to do, hereby exempts all excisable goods
(hereinafter referred to as the said goods) specified in the
First Schedule to the Central Excise Tariff Act, 1985 (5 of
1986), produced or manufactured in a special economic zone and
cleared to a person -
(a) |
holding an advance release order issued by the
licensing authority against an advance licence in terms of
paragraph 4.1.8 of the Export & Import Policy, read with
relevant provisions of the Handbook of Procedures, Volume I, or
a back to back inland letter of credit issued by a bank in
terms of paragraph 4.1.9 of the Export and Import Policy read
with relevant provisions of the Handbook of Procedures, Volume
I from the whole of the duty of excise leviable thereon under
section 3 of the said Central Excise Act; |
(b) |
holding an advance release order issued by the
licensing authority against a Duty Free Replenishment
Certificate (DFRC) in terms of paragraph 4.1.8 of the Export
& Import Policy read with relevant provision of the
Handbook of Procedures, Volume I, or a back to back inland
letter of credit issued by a bank in terms of paragraph 4.1.9
of the Export and Import Policy read with relevant provisions
of the Handbook of Procedures, Volume I from that portion of
duty of excise leviable thereon under section 3 of the said
Central Excise Act, as is equal to the duty of customs leviable
on like goods produced or manufactured outside India if
imported into India, which is specified in the First Schedule
to the Custom Tariff Act, 1975 ( 51 of 1975) and special
additional duty of customs leviable thereon under section 3A of
the said Customs Tariff Act: |
subject to the following conditions, namely:-
(i) |
the advance licence holder/ DFRC holder produces the
said advance release order specifying therein the quantity,
description (including the technical specifications) and the
value of each of the said goods permitted to be cleared in
accordance with this notification or, as the case may be, his
copy of back to back inland letter of credit specifying therein
the name and address of the indigenous supplier in original
before the proper officer of Central Excise/Customs; and |
(ii) |
the quantity and the value of each of the items are
debited by the proper officer of Central Excise/Customs in the
said advance release order or as the case may be, the back to
back inland letter of credit, before allowing clearance of the
said goods. |
Explanation . - For the purposes of this
notification, -
(i) |
"Export and Import Policy" means Export and
Import Policy, 1 April 2002 - 31 March 2007, published by the
Government of India in the Ministry of Commerce and Industry
vide notification No. 1 (RE-2003) /2002-07, dated 31st
March, 2003, as amended from time to time;
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(ii) |
"Handbook of Procedures, Volume I " means
Handbook of Procedures Volume I, 2002-2007 published by the
Government of India, Ministry of Commerce and Industry vide
Public Notice No. 1(RE-2003)/2002-07, dated 31st
March, 2003, as amended from time to time;
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(iii) |
"Licensing Authority," means an authority
competent to grant a licence under the Foreign Trade
(Development and Regulation) Act, 1992 (22 of 1992) or the
rules made thereunder. |
D. S. Garbyal Under Secretary to the Government of India
F.NO. 305/ 45/2003-FTT |