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Specified Kerosene
Notification
No. 26 dated 28th February 1999
(As amended by Notification No. 28 dated 11th March 2002)
In
exercise of the power conferred by sub-section (1) of section 25 of the Customs
Act, 1962 (52 of 1962), the Central Government, being satisfied that it
is necessary in the public interest so to do, hereby exempts the goods of the
description specified in column (2) of the Table below (hereinafter referred to
as the said Table) and falling under Chapter 27 of the First Schedule to the
said Customs Tariff Act, imported by a manufacturer of linear alkyl benzene for
the purpose of extracting N-Paraffin,-
(i)
from so much of the duty of customs
leviable thereon under the said First Schedule as is in excess of the
amount
calculated at the rate specified in the corresponding entry in column (3) of the
said Table;
(ii)
omitted.
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S.
No.
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Description
of goods
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Customs
duty rate
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(1)
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(2)
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(3)
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1.
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Kerosene,
determined to be consumed in the process of extraction of N-Paraffin
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5%
ad valorem
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2.
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Kerosene,
if any, which remained after extraction of N-Paraffin and supplied and
sold to the Indian Oil Corporation Limited for ultimate sale through the
public distribution system
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Nil
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2.
The exemption contained in this notification shall be given effect to in
the following manner, namely: -
(a)
at the time of importation, the manufacturer- importer shall pay customs
duty leviable under the said First Schedule and the
said Customs Tariff Act or any other law for the time being in force on 85% of
the quantity of kerosene imported at the rate as if no exemption is applicable
on such imports;
(b)
the Assistant Commissioner of Customs shall furnish a copy of the
assessed bill of entry to the Assistant Commissioner of Central Excise having
jurisdiction over the factory of the manufacturer�importer where kerosene is
used for extraction of N-Paraffin therefrom;
(c)
the manufacturer-importer shall maintain such accounts as may be
considered necessary by the Assistant Commissioner of Central Excise having
jurisdiction to ascertain the actual quantity of kerosene consumed in the
process of extraction of N-Paraffin and the manner in which the remnant quantity
of kerosene is disposed of by the manufacturer-importer and the customers to
whom such remnant quantity is sold and the price realised therefore;
(d)
at the end of each calendar month and by the fifth of the next month, the
manufacturer shall furnish a statement to the Assistant Commissioner of Central
Excise having jurisdiction over the factory of the manufacturer-importer
indicating the quantity of kerosene actually consumed during the calendar month
in the process of extraction of N-Paraffin duly certified by a Chartered
Accountant or a Chartered Engineer. The manufacturer-importer shall also furnish
the information about the quantity of imported kerosene sold and supplied to the
Indian Oil Corporation Limited in the calendar month;
(e)
on receipt of the above information and any other information as the
Assistant Commissioner of Central Excise having jurisdiction may require for
this purpose, he shall, in exercise of the powers of the Assistant Commissioner
of Customs as conferred on him to do so, pass an order on the following, namely:
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(i)
the quantity of kerosene as determined by him to have been consumed for
extraction of N-Paraffin in the calendar month;
(ii)
the quantity of kerosene as determined by him to have been supplied and sold to
the Indian Oil Corporation Limited in the calendar month;
(iii)
having regard to the quantity of kerosene eligible to exemption under serial No.
1 of the said Table, determine the additional amount of customs duty, if any, payable by the manufacturer-importer on the basis of
the quantity of kerosene determined to be consumed for the extraction of
N-Paraffin and the quantity of kerosene supplied and sold to the Indian Oil
Corporation Limited, if any, during the calendar month; while doing so, the
Assistant commissioner of Central Excise shall adjust the duty paid by the
manufacturer-importer under clause (a);
(iv)
having regard to the quantity of kerosene eligible to exemption under serial
Numbers 1 and 2 of the said Table, determine the amount of refund of duty, if
any, due to the manufacturer-importer on the basis of the quantity of kerosene
determined to be consumed for the extraction of N-Paraffin and the quantity of
kerosene supplied and sold by the manufacturer-importer to the Indian Oil
Corporation Limited, if any, during the calendar month; while doing so, the
Assistant Commissioner of Central Excise having jurisdiction shall adjust the
duty paid by the manufacturer-importer under clause (a).
3.
The manufacturer-importer shall pay the additional amount of customs duty determined in the order passed by the Assistant
Commissioner of Central Excise having jurisdiction within three days of the
receipt of the order, and for any delay the manufacturer-importer shall be
liable to pay interest on the amount not paid, at the rate of thirty six per
cent per annum.
4.
The Assistant Commissioner of Central Excise having jurisdiction shall
pass an order granting refund of the excess duty paid with reference to the
determination under sub-clause (iv) of clause (e) of paragraph 2.
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