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Date: 26-12-1995
Notification No: Central Excise Notification No 39/1995
Issuing Authority: Central Excise  
Type: Tariff
File No:
Subject: Excisable goods produced in a 100% EOU or FTZ and sold in DTA at concessional excise duty in excess of 50% of customs duty and cleared for the period from 1-4-1992 to 28-2-1993
Excisable goods produced in a 100% <a href='http://www.eximguru.com/exim/eou/default.aspx'>EOU</a> or FTZ and sold in DTA at concessional excise duty in excess of 50% of customs duty and cleared for the period from 1-4-1992 to 28-2-1993

Whereas the Central Government satisfied that according to a practice that was generally prevalent regarding levy of duty of excise (including non-levy thereof) under the Central Excise Act, 1944 (1 of 1944), the duty of excise chargeable on all excisable goods (hereinafter referred to as the said goods) specified in the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) and produced or manufactured in a hundred per cent export oriented undertaking or a free trade zone and allowed to be sold in India under and in accordance with the provisions of sub-paragraph (2) of paragraph 333, paragraph 334 and sub-paragraphs (3) and (4) of paragraph 345 of the �Import and Export Policy, April, 1990-March 1993 or paragraph 102 of the Export and Import Policy, 1st  April 1992- March, 1997 exempted from so much of the duty of excise leviable thereon under section 3 of the said Central Excise Act, 1944 as is in excess of the amount calculated at the rate of 50% of each of the duties of customs, which would be leviable under section 12 of the Customs Act, 1962 (52 of 1962) read with any other notification for the time being in force issued under sub-section (1) of section 25 of the said Customs Act on the like goods produced or manufactured outside India as if imported into India were not being levied under section 3 of the first-mentioned Act, during the period commencing on the 1st day of April, 1992 and ending with the 28th day of February, 1993.

Now, therefore, in exercise of the powers conferred by section 11C of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby directs that duty of excise leviable on the said goods in excess of 50% of each of duties of Customs payable under section 3 of the first-mentioned Act, on Domestic Tariff Area clearances by hundred per cent export oriented undertaking but for the said practice, shall not be required to be paid in respect of such Domestic Tariff Area clearances on which the said duty of excise were not levied during the period aforesaid, in accordance with the said practice.

       

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