Notification No. 79 dated 26^th May 2000

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 exempts all goods other than those prohibited under the Export and Import Policy (hereinafter referred to as the said goods), falling under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India or procured from a Public Warehouse or a Private Warehouse appointed or licensed, as the case may be, under section 57 or section 58 of the said Customs Act for the purposes of manufacture of goods services, production, processing, assembling, trading, repair, reconditioning, re-engineering, packaging or in connection therewith and export thereof (hereinafter referred to as the said purpose) by a unit (hereinafter referred to as the said unit) within a Special Economic Zone (hereinafter referred to as the Zone) as notified by the Government of India in the Ministry of Commerce and Industry, from the whole of the duty of customs  leviable thereon when is specified in the said First Schedule and from the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, namely:-

(1)      The importer has been authorised by the Development Commissioner to establish the said unit in the Zone for the said purpose.

(2)      The importer has been allowed by Development Commissioner to import the said goods as per the Export and import Policy.

(3)      The importer executes a legal undertaking with the Development Commissioner concerned to fulfill the Net Foreign Exchange Earning as a percentage of Exports (hereinafter           referred to as �NFEP�) as specified in the Export and Import Policy and the Handbook of Procedures, Vol. 1.

(4)      The Importer executes a bond in such form and for such sum as may be prescribed by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, binding himself-

(i)    to bring the said goods into the said unit in the Zone and use them for the said purpose;

(ii)   to dispose of the said goods or services, the articles produced, manufactured, processed and packaged in the said unit or the waste, scrap and remnants arising out of such production, manufacture, processing or packaging in the manner as provided in the Export and Import Policy and in this notification;

(iii)  to achieve  positive NFEP  annually and cumulatively and in case the said unit is a trading unit, to achieve a turnover of US $1 million in 5 years and to comply with the conditions stipulated in this notification, the Export and Import Policy and the Handbook of Procedures, Vol. 1 and to pay on demand, in case of failure to achieve positive NFEP annually and cumulatively or failure to achieve a turnover of US $ 1 million in 5 years, as per the relevant provisions of the Export and Import Policy and the Handbook of Procedures, Vol. 1 or to utilise the said goods for the said purpose within the period of one year or within such period as may be extended by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, an amount equal to the duty as leviable on the said goods along with interest at the rate of 20% per annum on the said duty from the date of duty-free importation or procurement of the said goods till the payment of such duty.

(5)    The importer shall maintain proper account, financial year-wise, of all foreign exchange inflow by way of exports and other receipts, all foreign exchange outflow on account of imports, payment of dividend, royalty, fees, etc, consumption, utilisation of the said goods and sale of goods produced, manufactured, processed, packaged, services rendered including waste, scrap and remnants arising out of such production, manufacture, processing or packaging in the Domestic Tariff Area and shall submit regularly quarterly statement and monthly statement in case of computer hardware, gem and jewellery, to the Assistant Commissioner of Customs or Deputy Commissioner of Customs in the proforma prescribed in Appendix 16H of the Handbook of Procedures, Vol. I:

(6)      The Assistant Commissioner of Customs or Deputy Commissioner of Customs may, subject to such conditions and limitations as may be imposed by him and subject to the provisions of the Export and Import Policy-

(i)    permit the said goods or goods manufactured, produced, processed partially, processed or packaged in the said unit to be taken to any other unit in another Special Economic Zone or to Export Oriented Undertaking/ Export Processing Zone/ Electronic Hardware Technology Park/ Software Technology Park units temporarily without payment of duty for,-

(a) repairs, processing, testing or display and to be returned to the said unit thereafter, or

(b) for the purpose of manufacture and export therefrom,

subject to maintenance of proper accounts by both the receiving and supplying units:

Provided that nothing contained in this clause shall apply to goods imported for repairs, reconditioning or re-engineering, and which have been so repaired, reconditioned or re-engineered;

(ii)   permit the said goods or goods partially processed or packaged in the said unit to be taken outside the Zone without payment of duty for the purpose of test, repairs, replacement, calibration, refining, processing, display, job-work or any other process necessary for manufacture of final product and to be returned to the unit thereafter or  remove the same without payment of duty under bond for export from job-worker�s premises:

Provided that in case of export from the job worker�s premises, such job worker shall be Central Excise registrant under rule 174 of the Central Excise Rules, 1944:

Provided further that waste or scrap or remnants generated during such process at the job- worker�s premises shall be either returned to the said unit in the Zone or shall be cleared on payment of duty as if the said waste or scrap or remnants have been imported by the said unit,

(iii)  permit removal of moulds, jigs, tool, fixtures, tackles, instruments, hangers, patterns and drawings to the premises of the sub-contractors subject to the condition that such goods shall be brought back to the said unit on completion of the job-work within the stipulated period as specified by the Assistant Commissioner of Customs or Deputy commissioner of Customs:

Provided that this condition shall not apply to the said unit if such unit is engaged in gem and, jewellery.

(7)    Scrap, dust or sweepings of gold arising in the manufacturing process may be forwarded to the Government Mint/ Private Mint by the importer for conversion into standard gold bars and return to the said unit in the Zone in accordance with the procedure specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs in this regard or may be cleared to the Domestic Tariff Area with permission of the Assistant Commissioner of Customs or Deputy Commissioner of Customs on payment of duty on the gold content in the said scrap, dust or sweepings.

(8)    The Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow the said unit engaged in gem and jewellery in the Zone to receive plain gold or plain silver or plain platinum jewellery from any place in India against exchange of gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery, as the case may be, subject to the condition that the Domestic Tariff Area unit supplying such jewellery against exchange of gold /silver/ platinum shall not be entitled for deemed export benefits and the said unit in the Zone shall not be eligible for wastage or manufacturing loss against such jewellery.

(9)      The Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow-

(i)    the items of gem and jewellery to be taken out temporarily into Domestic Tariff Area without payment of duty for the purpose of display and to be returned thereafter;

(ii)   personal carriage of gold / silver / platinum jewellery or precious or semi-precious stones or beads and articles as samples upto  US$ 1,00,000 for export promotion tours and temporary display or sale abroad subject to the condition that the exporter would bring back such jewellery, precious or semi-precious stones or beads  and articles or the sale proceeds within a period of 45 days from the date of departure through normal banking channel:

(iii)  export of branded jewellery for display and sale in the permitted shops set up abroad, or in the showroom of their distributors or agents:

Provided that items not sold abroad within a period of 180 days shall be re-imported within 45 days from the expiry of such period:

(iv)   the unit engaged in gem and jewellery to remove parts and tools of machines temporarily without payment of duty for the purpose of repair and return thereof.

(10)    Subject to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs, duty shall not be leviable in respect of-

(i)    the said goods (including capital goods) or goods manufactured, processed or packaged in the said unit. if such goods are destroyed within the Zone or outside the Zone , when it is not possible or permissible  to destroy the same within the Zone,

(ii)   the scrap or waste material  or remnants  arising in the course of production, manufacture, processing or packaging, if such scrap or waste material or remnants are destroyed within the Zone or destroyed  outside the Zone when it is not possible to destroy the same within the Zone:

Provided that this condition shall not apply in the case of gold, silver, platinum diamond precious and semi-precious stones.

2.     Notwithstanding anything contained in paragraph 1, in a case where the said unit is engaged in the development of software, the exemption contained therein shall also apply to goods imported by such units for training and for development and test. no of software for export and for  providing consultancy services for development of software �on site� abroad:

Provided that �

(a)      the conditions stipulated in this notification are complied with by the unit engaged in the development of software, and

(b)      the procedure specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs is followed.

3.     Notwithstanding anything contained in this notification, the said unit (other than a trading unit), subject to achievement of NFEP as stipulated in the �Export and Import Policy� shall be allowed to clear in accordance with the said Policy, the finished goods including by-products and services, manufactured or produced out of the said goods (including rejects, waste, scrap and remnants arising in the course of production, manufacture, processing or packaging of such articles and re-usable containers, cones, bobbins) into Domestic Tariff Area on payment of duty:

Provided that where such finished goods (including rejects,. waste and scrap materials) are not excisable, customs duty equal in amount to that leviable on the inputs imported under this notifications and used for the purpose of manufacture of such finished goods, which would have been paid but for the exemption under this notification shall be payable at the time of clearance of such finished goods:

Provided further that where the goods have been imported for repairing, reconditioning or re-engineering and export thereof, such goods shall not be allowed after repairs, reconditioning or re-engineering, to be cleared in the Domestic Tariff Area:

Provided also that where the goods have been imported as scrap, waste and remnants, such goods shall not be allowed to be sold in Domestic Tariff Area.

4.     Notwithstanding anything contained in this notification, the said unit engaged in trading shall be allowed to clear the said goods in the Domestic Tariff Area without payment of duty, if such clearance is against Advance Licence or Special Duty Free Entitlement as per the provisions of the Export and Import Policy or to other Special Economic Zone/ Export Oriented Undertaking/ Export Processing Zone/ Electronic Hardware Technology Park/ Software Technology Park units.

5.     Without prejudice to any other provision contained in this notification, the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstance of the case for the proper safeguard of revenue interest and also subject to such permission of the Development Commissioner of the Zone, wherever it is specially required under the Export and Import Policy, allow said unit in the Zone to clear any of the said goods except gold, silver, platinum, diamond, precious and semi-precious stones, for being taken outside the Zone, to any other place in India in accordance with the Export and Import Policy:

Provided that

        (a)      such clearance of capital goods, may be allowed on payment of duty on the, depreciated value thereof and at the rate in force on the date of payment of such duty:

(b)      such clearance of goods (including empty cones, bobbins, containers, suitable for repeated use) other than those specified in clause (a) may be allowed on payment of duty on the value at the time of import and at the rate in force on the date of payment of such duty;

(c)       such clearance of used packing materials, such as cardboard boxes, polyethylene bags of a kind unsuitable for repeated use without payment of any duty.

6. Notwithstanding anything contained in paragraph 1, the exemption contained therein shall also apply to gold falling under heading No.71.08 of the First Schedule to the said Customs Tariff Act imported by the nominated agencies for being supplied to the gem and jewellery units in the Zone under the scheme for export of gold jewellery and articles as specified in the Export and Import Policy, read with Chapter 8 of the Handbook of Procedures, Vol. 1:

 Provided that where gold is imported on behalf of the said unit engaged in gem and jewellery, the exemption shall apply only if -

(a)      the procedure as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs is followed by such jewellery unit; and

(b)      the conditions stipulated in paragraph 1 are complied with by such jewellery unit .

Provided further that in the event of the unit engaged in gem and jewellery unit to whom the gold has been supplied, fails to export the jewellery made out of such gold within the time specified in the Export and Import Policy under the respective scheme, the nominated agencies shall deposit duty on the quantity of the gold or silver not contained in the jewellery exported at the rate of duty leviable on the gold as provided in the notification of the Government of India in the Ministry of Finance No. 80/97-Customs, dated the 21^st October, 1997 within seven days of the expiry of the period within which the said jewellery manufactured out of the said gold was required to be exported.