GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No.
14/ 2013-Central Excise
New Delhi, dated the
18th
April, 2013
G.S.R.251
(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
Post Export
EPCG duty credit scrip issued by the Regional Authority in accordance with
paragraph 5.11 under Chapter 5
{Export Promotion Capital Goods (EPCG) Scheme} of the Foreign Trade Policy which provides for duty
remission in proportion to export obligation fulfilled (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).
- The exemption shall be subject to the following conditions, namely:-
- that the conditions (1) to (14) specified in paragraph 2 of the Notification No.23/2013
–
Customs,
dated the
18th
April, 2013 are complied and the said scrip has been registered by the Customs
authority at the specified 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.
23/2013
-Customs, dated the
18th
April, 2013,
and this exemption, debits 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 the validity of the said scrip shall be eighteen months from the date of
issue and the said scrip
shall be valid on the date on which the above debit of duty is made;
- 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;
- that the benefits under this notification shall not be available to clear
the items listed in Appendix 37B
of the Handbook of Procedures, Volume1;
- 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; 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,-
- “Export obligation” shall have the same meaning as specified in
Notification No.
23
/2013-Customs,dated the
18th
April, 2013;
- “Foreign Trade Policy” means the Foreign Trade Policy, 2009
-
2014, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub
-
section (ii)
vide
notification
number G.S.R. 1293(E)
of
the Government of India
,Ministry of Commerce and Industry,
Department of Commerce
No.1 (RE
–
2012) /2009
-
2014 dated the
5th
June, 2012, as amended
from time to time
;
- “Handbook of Procedures, Volume 1” means the Handbook of Procedures Volume 1,
2009
-
14,
published in the Gazette of India, Extraordinary, Part I, Section 1
vide
public notice of the
Government of India in the Ministry of Commerce and Industry, Department of Commerce,
No.1
(RE
–
2012) /2009-2014 dated the
5th
June, 2012, as amended
from time to time;
- “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.605/10/2013-DBK]
(Rajiv Talwar)
Joint
Secretary to the Government of India
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