GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 17 /2009-CUSTOMS
New Delhi, the 19th February, 2009.
30 Magha, 1930 SAKA
G.S.R (E) In exercise of the powers 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 makes the following
further amendments in the notification of the Government of India in the
Ministry of Finance (Department of Revenue) Number 40/2006-Customs, dated the
1st May 2006 [Vide G.S.R 260 (E), dated the 1st May, 2006], namely :-
In the said notification,-
(1) for condition number (iii) the following conditions shall be substituted,
namely:-
“(iii) that in respect of imports made before the discharge of export obligation
in full, the importer at the time of clearance of the imported materials
executes a bond with such surety or security and in such form and for such sum
as may be specified by the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, binding himself to pay on demand an
amount equal to the duty leviable, but for the exemption contained herein, on
the imported materials in respect of which the conditions specified in this
notification are not complied with, together with interest at the rate of
fifteen percent per annum from the date of clearance of the said materials;
(iiia) that in respect of imports made after the discharge of export obligation
in full, if facility under rule 18 (rebate of duty paid on materials used in the
manufacture of resultant product) or sub-rule (2) of rule 19 of the Central
Excise Rules, 2002 or CENVAT Credit under CENVAT Credit Rules, 2004 has been
availed, then the importer shall, at the time of clearance of the imported
materials furnish a bond to the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, binding himself, to use the
imported materials in his factory or in the factory of his supporting
manufacturer for the manufacture of dutiable goods and to submit a certificate,
from the jurisdictional Central Excise officer within six months from the date
of clearance of the said materials, that the imported materials have been so
used:
Provided that, in case,
(a) materials are imported against an authorisation transferred by the Regional
Authority, or
(b) the imported materials are transferred with the permission of Regional
Authority,
then the importer shall pay an amount equal to the additional duty of customs
leviable on the materials so imported or transferred, but for the exemption
contained herein, together with interest at the rate of fifteen percent per
annum from the date of clearance of the said materials:
Provided further that if the importer pays additional duty of customs leviable
on the imported materials but for the exemption contained herein, then the
imported materials may be cleared without furnishing a bond specified in this
condition and the additional duty of customs so paid shall be eligible for
availing CENVAT Credit under the CENVAT Credit Rules, 2004;
(iiib) that in respect of imports made after the discharge of export obligation
in full, and if facility under rule 18 (rebate of duty paid on materials used in
the manufacture of resultant product) or sub-rule 2 of rule 19 of the Central
Excise Rules, 2002 or CENVAT credit under CENVAT Credit Rules, 2004 has not been
availed and the importer furnishes proof to this effect to the satisfaction of
the Deputy Commissioner of Customs or the Assistant Commissioner of Customs as
the case may be, then the imported materials may be cleared without furnishing a
bond specified in condition (iiia);”
(2) in condition (iv), for the words, figures, letters and brackets “ Special
Economic Zone as specified in the notification issued under section 76A of the
Customs Act,1962(52 of 1962)” the following words, figures and brackets shall be
substituted, namely:-
“ a Special Economic Zone notified under section 4 of the Special Economic Zones
Act, 2005 (28 of 2005)”.
(3) for condition number (v), the following condition shall be substituted,
namely:-
“ (v) that the export obligation as specified in the said authorization (both in
value and quantity terms) is discharged within the period specified in the said
authorization or within such extended period as may be granted by the Regional
Authority by exporting resultant products, manufactured in India which are
specified in the said authorization:
Provided that an Advance Intermediate authorization holder shall discharge
export obligation by supplying the resultant products to the exporter in terms
of
paragraph 4.1.3 (ii) of the Foreign Trade Policy.”
(4) In the Explanation, after clause (iv), the following clause shall be
inserted, namely:-
“(v) dutiable goods” means excisable goods which are not exempt from central
excise duty and which are not chargeable to ‘nil’ rate of central excise duty .”
.
(S.R. Meena)
Under Secretary to the Government of India.
[F. No.605/109/2006-DBK ]
Note :- The principal
notification number 40/2006-Customs, dated the 1st
May,2006 was published in the Gazette of India, Extraordinary Part II, section
3, sub-section (i) vide number GSR 260 (E), dated the 1st May,2006 and was last
amended by the notification number 125/2008-Customs, dated the 21st November,
2008 published in the Gazette of India, Extraordinary Part II, Section 3,
Sub-Section (i) vide GSR 816 (E), dated the 21st November, 2008.