Circular No. 109 dated 13^th October 1995

The Commissioner of Customs, Bombay had made a reference to the Ministry regarding the difficulty faced by the Bombay Customs House in extending benefit of the exemption Notification No. 204/ 92-Customs dated 19.5.92 on inputs imported against a Quantity based licence issued under para 62A of the Exim Policy. It was stated that the term "Advance Licence" in Notfn. No. 204/92-Cus. has been defined as a Quantity Based Licence issued under  para 50, 55, or 72 of the Exim Policy; and that the definition does not specifically cover those Quantity based Licenses which are being issued under para 62A of the Exim Policy and hence the difficulty in extending duty benefits under Notfn. No. 204/ 92-Customs in respect of Quantity Based licences issued under para 62 of the Exim Policy.

2.      The matter was referred to the DGFT who have now 'clarified that Quantity based advance Licence issued under production Programme on the basis of criteria laid down in paragraphs 62 or 62A of the Export and Import Policy should be deemed to have been issued under para 50 or 55 as the case may be, of the policy for all purposes. This clarification was given in respect of licences already issued by them. It has also been clarified by the DGFT that in future case QBAL licences under para 62 or 62A of the Exim Policy will be issued by them under para 50 of the policy. A copy¹ of the letter dated 5th Sept., 1995 by the DGFT to member (Cus & EP) clarifying the matter is enclosed for your ready reference.

3.      In case of any doubt, the matter may please be referred to the Board. Necessary instructions in the form of Public Notice/ standing Order for the information of the trade/ guidance of the staff may be issued and copies of the same be forwarded to Comm. (DBK)/ Director General of Inspection and Audit (Customs & Central Excise), New Delhi.