GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 20 / 2015 – Central Excise
New Delhi, the 8th April, 2015.
G.S.R. 271 (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 the goods specified in the First
Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 (5 of
1986), when cleared against a duty credit scrip issued by the Regional Authority
under the Merchandise Exports from India Scheme in accordance with paragraph
3.04 read with paragraph 3.05 of the Foreign Trade Policy (hereinafter referred
to as the said scrip) 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).
2. The exemption shall be subject to the following conditions, namely:-
- that the conditions (1) to (3) specified in paragraph 2 of the
Notification No. 24/2015-Customs, dated the 8th April, 2015 are complied and
the said scrip has been registered with the Customs Authority at the port of
registration specified on the said scrip (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. 24/2015-Customs, dated the 8th
April, 2015, the debits made under
notification No. 10/2015-Service Tax,
dated the 8th April, 2015 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;
- 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 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, -
- Capital goods" has the same meaning as assigned to it in paragraph 9.08 of
the Foreign Trade Policy;
- Foreign Trade Policy" means the Foreign Trade Policy, 2015-2020, published
by the Government of India in the Ministry of Commerce and Industry notification
number 01/2015-2020, dated the 1st April 2015 as amended from time to time;
- Goods" means any inputs or goods including capital goods;
- “Regional Authority” means the Director General of Foreign Trade appointed
under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22
of 1992) or an officer authorised by him to grant an authorisation including a
duty credit scrip under the said Act.
[F.No.605/55/2014-DBK]
(Sanjay Kumar)
Under Secretary to the Government of India
|