Exemption to Excisable Goods Produced or Manufactured
in a 100% EOU or a FTZ or a SEZ
Notification No. 28 dated 16th
May 2001 (As amended by Notification No. 35 dated 24th June
2002)
In exercise of the powers conferred
by sub-section (1) of section 5A of the Central Excise Act, 1994, (1 of 1944)
and in supersession of the notification of the Government of India in the
Ministry of Finance (Department of Revenue), No. 82/ 92-CE, dated the 27th
August, 1992 {GSR 744(E) dated the 27th August, 1992}, the Central
Government, being satisfied that it is necessary in the public interest so to
do, hereby exempts all excisable goods (hereinafter referred to as the
said goods) specified in the First Schedule to the Central Excise Tariff Act,
1985 (5 of 1986), produced or manufactured in a hundred per cent export
oriented undertaking or a free trade zone or a special economic zone and
cleared to a person �
(a)����� holding an advance release order issued by
the licensing authority against an advance licence in terms of paragraph 4.1.8
of the Export and Import Policy, read with relevant provisions of the Handbook
of Procedures, or a back to back inland letter of credit issued by a bank in
terms of paragraph 4.1.9 of the Export and Import Policy read with relevant
provisions of the Handbook of Procedures from the whole of the duty of excise
leviable thereon under section 3 of the said Central Excise Act;
(b)����� holding an advance release order issued by
the licensing authority against a Duty Free Replenishment Certificate (DFRC) in
terms of paragraph 4.1.8 of the Export and Import Policy, read with relevant
provisions of the Handbook of Procedures, or a back to back inland letter of
credit issued by a bank in terms of paragraph 4.1.9 of the Export and Import
Policy read with relevant provisions of the Handbook of Procedures from that
portion of duty of excise leviable thereon under section 3 of the said Central
Excise Act, as is equal to the duty of customs leviable on like goods produced
or manufactured outside India if imported into India, which is specified in the
First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and special
additional duty of customs leviable thereon under section 3A of the said
Customs Tariff Act;
���������� subject
to the following conditions, namely: -
(i)������ the advance licence holder/ DFRC holder
produces the said advance release order specifying therein the quantity,
description (including the technical specifications) and the value of each of
the said goods permitted to be cleared in accordance with this notification or,
as the case may be, his copy of back to back inland letter of credit specifying
therein the name and address of the indigenous supplier in original before the
proper officer of Central Excise/ Customs; and
(ii)����� the quantity and the value of each of the
items are debited by the proper officer of Central Excise/ Customs in the said
advance release order or as the case may be, the back to back inland letter of
credit, before allowing clearance of the said goods.
Explanation: For the purposes of this
notification -
(i)������ �Export and Import Policy"
means the Export and Import Policy, 2002-2007, published by the Government of
India in the Ministry of Commerce and Industry vide notification No.1/ 2002-07,
dated 31st March 2002, as amended from time to time;
(ii)����� �Handbook of Procedures" means
the Handbook of Procedures Volume I, 2002-2007, published by the Government of
India in the Ministry of Commerce and Industry vide Public Notice No.1/2002-07
dated 31st March 2002, as amended from time to time;
(iii)����� �Licensing Authority� means an authority
competent to grant a licence under the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992) or the rules made thereunder.