GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 31 / 2012 - Central Excise
New Delhi, dated the 9th July, 2012
Ashadha 18, 1934 SAKA
G.S.R. 543 (E).– 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) and sub-section (3) of section 3 of the
Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of
1978), the Central Government, on being satisfied that it is necessary in the
public interest so to do, hereby exempts capital goods specified in the Table
annexed hereto, when cleared against an Agri. Infrastructure Incentive Scrip
duty credit scrip issued to an exporter by the Zonal Office, Central Licensing
Area, New Delhi in accordance with paragraph 3.13.4 of the Foreign Trade Policy
(hereinafter referred to as the said scrip) under Vishesh Krishi and Gram Udyog
Yojana (Special Agriculture and Village Industry Scheme) from,-
- the whole of the duty of excise leviable thereon under the First Schedule
and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986);
- the whole of the additional duty of excise leviable thereon under section 3
of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58
of 1957); and
- the whole of the additional duty of excise leviable thereon under section
3 of the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978
(40 of 1978).
- The exemption shall be subject to the following conditions, namely:
- that the said scrip is issued to a Status Holder who is exporter of products
specified in paragraph 3.13.4 of the Foreign Trade Policy:
Provided that the following categories of exports specified in paragraph 3.17.2
of the Foreign Trade Policy shall not be counted for calculation of export
performance or for computation of entitlement under the Scheme, namely:-
- Export Oriented Units or Electronic Hardware Technology Parks or
Biotechnology Parks, which are availing direct tax benefits or exemption;
- Export of imported goods covered under Para 2.35 of the Foreign Trade
Policy;
- Exports through transshipment, meaning thereby that exports originating in
third country but transshipped through India;
- Deemed Exports;
- Exports made by Special Economic Zone units or Special Economic Zone
products exported through Domestic Tariff Area units; and
- Items, which are restricted or prohibited for export under Schedule -2 of
Export Policy in ITC (HS);
- that the benefits under this notification shall not be available for
clearance of the items listed in Appendix 37B of the Hand Book of Procedures,
Volume I;
- that the benefits under this notification shall not be available to goods or
items, the imports of which are not permitted against the said scrip;
- that the scrip shall be non-transferable:
Provided that the scrip shall be transferable amongst Status Holders for
procurement of Cold Chain equipment:
Provided further that the scrip shall be transferable for procurement of Cold
Chain equipment by units in a Food Park recognized by the Ministry of Food
Processing Industries. The term ‘units’ shall not include developers;
- that the capital goods cleared under this exemption shall be utilized as per
clause (d) of paragraph 3.13.4 of the Foreign Trade Policy;
- that the capital goods cleared under this exemption shall be subject to
actual user condition;
- that the said scrip is registered with the Customs authority at the port of
registration (hereinafter referred as the said Customs authority);
- that the holder of the scrip, who may either be the person to whom the scrip
was originally issued or a transferee-holder, presents the said scrip to the
said Customs authority along with a letter or proforma invoice from the supplier
or manufacturer indicating details of its jurisdictional Central Excise Officer
(hereinafter referred as the said Officer) and the description, quantity, value
of the goods to be cleared and the duties leviable thereon, but for this
exemption;
- that the said Customs authority, taking into account the debits already made
towards imports under Notification No. 94/2009-Customs, dated the 11th
September, 2009 and this exemption, shall debit the duties leviable, but for
this exemption in or on the reverse of the said scrip and also mentions the
necessary details thereon, updates its own records and sends written advice of
these actions to the said Officer;
- that at the time of clearance, the holder of the scrip presents the said
scrip debited by the said Customs authority to the said Officer along with an
undertaking addressed to the said Officer that–
- in case of any amount short debited in the said scrip he shall pay on demand
an amount equal to the short debit, along with applicable interest.;
- he shall comply with the actual user condition and also utilize the capital
goods as per sub-paragraph (d) of paragraph 3.13.4 of the Foreign Trade Policy
and that in case of non compliance of these conditions he shall pay on demand an
amount equal to the duty leviable, but for the exemption contained herein
together with applicable interest;
- that based on the said written advice and undertaking, the said Officer
endorses the clearance particulars and validates, on the reverse of the said
scrip, the details of the duties leviable, but for this exemption, which were
debited by the said Customs authority, and keeps a record of such clearances;
- that the manufacturer retains a copy of the said scrip, debited by the said
Customs authority and endorsed by the said Officer and duly attested by the
holder of the scrip, in support of the clearance under this notification; and
- that the said holder of the scrip, to whom the goods were cleared, shall be
entitled to avail the drawback or CENVAT credit of the duties of excise leviable
under the First Schedule and the Second Schedule to the Central Excise Tariff
Act, 1985 (5 of 1986), section 3 of the Additional Duties of Excise (Goods of
Special Importance) Act, 1957 (58 of 1957) and section 3 of the Additional
Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978), against
the amount debited in the said scrip and validated at the time of clearance.
Explanation - For the purposes of this notification, -
- “Foreign Trade Policy” means the Foreign Trade Policy, 2009-14, published by
the Government of India in the Ministry of Commerce and Industry, vide
notification No.01 (RE 2012)/2009-2014, dated the 5th June, 2102.
- “Handbook of Procedures Volume 1” means the Handbook of Procedures Volume 1,
2009-14, published by the Government of India in the Ministry of Commerce and
Industry, vide Public Notice No. 01 (RE 2012)/2009-2014, dated the 5th June,
2012.
- “Status Holder” means the person having status category of ‘Export House’ or
‘Star Export House’ or ‘Trading House’ or ‘Star Trading House’ or ‘Premier
Trading House’, as the case may be, as mentioned in para 3.10.2 of the Foreign
Trade Policy.
Table
Sl.No. |
Description |
1 |
Cold storage units (including Controlled Atmosphere and Modified Atmosphere
Stores); Precooling Units and Mother Storage Units for Onions. |
2 |
Pack Houses; the Pack House equipments notified in Appendix 37 F of Hand Book of
Procedures Volume 1, namely:- (1) Packing grading equipments for fruits and
vegetables, (2) Equipments for ripening of fruits including ethylene generator,
(3) Adiabatic humidifiers for cold rooms, (4) Gas sensor and controlled system
covering CO2, ethylene and oxygen levels, (5) Ethylene scrubbers, (6) CO2
scrubbers, (7) Blast freezers for IQF plants, (8) Doors for gastight rooms,
applications like CA, Banana/fruit ripening, (9) Nitrogen generators, (10) Gas
controlling systems for CA stores, (11) Bulk bins for CA stores, (12) Reach
stackers for cold stores and warehouses, (13) Belt driven conveyors for bulk
handling of cargo and (14) Gantry cranes, unloading, mechanized loaders for bulk
and break bulk cargo. |
3 |
Reefer Van or Containers |
[F. No. 609/12/2012-DBK]
(Rajesh Kumar Agarwal)
Under Secretary to the Government of India
|