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Import against Value based Advance Licence
Notification
No. 203 dated 19th May 1992 (As amended by notification
nos. 289/ 92, 9/ 93, 98/ 93, 138/ 93, 183/ 93, 105/ 94, 179/ 94,199/ 94, 82/
95,101/95)
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 materials imported
into India against an Value based Advance Licence (hereinafter referred to as
the said licence) issued on or before 31st March, 1995, in terms of
Para 49 of the Export and Import Policy 1 April, 1992-31 March, 1997, from the
whole of the duty of customs leviable thereon which is specified in the First
Schedule to the Customs Tariff Act, 1975 ( 51 of 1975) 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:-
(i)
that the materials imported are covered by a Value based Duty Exemption
Entitlement Certificate (hereinafter referred to as the said certificate),
issued by the Licensing authority in the form specified in the Schedule annexed
to this notification;
(ii)
that the importer at the time of clearance of the imported materials-
(a)
produces proof of having executed a bond or a legal undertaking before the
Licensing Authority concerned, for complying with the conditions of this
notification; and
(b)
makes a declaration before the Assistant Commissioner of Customs binding himself
to pay on demand an amount equal to the duty leviable but for the exemption, on
the imported materials in respect of which the conditions specified in this
notification have not been complied with;
Provided
that a bond or a legal undertaking and the declaration shall not be necessary in
respect of imports made after discharge of export obligation in full, as
evidence by endorsement of Licensing Authority in the said Certificate;
(iii)
that the said licence and the said certificate is produced before the
proper officer of customs at the time of clearance of imported goods out of
customs control:
Provided
that no such imported materials shall be permitted clearance under this
notification unless a debit entry has been made, in the said licence and the
said certificate, by the proper officer of customs;
(iv)
that the imports and exports are undertaken from sea ports at Bombay,
Calcutta, Cochin, Kandla, Mangalore, Marmgoa, Madras, Nhava Sheva, Paradeep,
Tuticorin and Visakhapatnam, or through any of the airports at Ahmedabad,
Bangalore, Bombay, Calcutta, Delhi, Jaipur, Varanasi, Srinagar, Trivandrum,
Hyderabad, and Madras or through any of the Inland Container Depots at Bangalore,
Coimbatore, Delhi, New Gauhati Goods Shed, Moradabad, Ludhiana and Hyderabad;
Provided
that the Commissioner of Customs may by special order and subject to such
conditions as may be specified by him permit imports and exports from any other
sea port, airport, land customs station or inland container depots;
(v)
that the export obligations is discharged, within the period specified in
the said certificate or within such extended period as may be granted by the
Licensing Authority, by exporting goods manufactured in India in respect of
which �
(a)
no input stage credit is obtained under rule 56A or 57A of the Central Excise
Rules, 1944 (hereinafter referred to as the said rule);
(b)
facility, under rule 191A or rule 191B as in force immediately before the 1st
October, 1994, or under rule 12(1)(b) or rule 13(1)(b)of the said rules, has not
been availed; and�,
(c)
drawback has not been claimed either under section 74 of the Customs Act, 1962
or Customs and Central Excise Duties Drawback Rules, 1971;
(vi)
exempt materials shall not be disposed of or utilized in any manner,
except for utilisation in discharge of export obligation, before the export
obligation under the said licence has been discharged in full and export
proceeds realised;
Provided
that Acetic Anhydride in respect of which the benefit of this notification is
claimed shall be utilised by the importer in his own factory or in the factory
of any other manufacturer indicated in the said certificate even after discharge
of export obligation and realisation of export proceeds;
(vii)
where benefit of the notification is sought by a person other than
licencee, such benefit shall be allowed against the said licence and the said
certificate only if it bears endorsement of transferability by the Licensing
Authority.
Provided
that benefit of this notification shall not be allowed to a transferee of
licence for import of Acetic Anhydride except where the licence is endorsed for
transferability before 24th November, 1993, and is transferred to an
actual user who undertakes to use the Acetic Anhydride in his own factory.
(viii)
Notwithstanding anything contained in conditions (vi) and (vii) above,
the endorsement of transferability of disposal of materials shall be allowed in
respect of licences issued for the export of all kinds of writing instruments
(including gift sets refills/nibs) on fulfilment of export obligation only in
favour of manufacture of writing instruments.
Explanations:
In this notification, -
(i)
�Export and Import Policy April, 1992-March 1997� means the Export
and Import Policy 1 April 1992- March 1997 published vide Public Notice of the
Government of India in the Ministry of Commerce No. 1-ITC (PN)/92-97, dated
the 31st March, 1992 as amended from time to time.
(ii)
�Licensing Authority� means and authority competent to grant a
licence under Imports (Control) Order, 1955 made under the Imports and Exports
(Control) Act, 1947 (18 of 1947).
(iii)
�Materials� means-
(a)
raw materials, components, intermediates, consumables, computer software and
parts required for manufacture of export product;
Provided
that in the case electronic goods, and all kinds of writing instruments
(including gift sets and refill/nibs), all export items covered by one serial
number in Standard Input Output and Value Addition norms as contained in
Handbook of Procedures, 1992-97, Volume-ll Published, vide Public Notice No.
121(PN)/92-97, dated the 31st March, 1993, of the Government of
India in the Ministry of Commerce, shall be deemed to be single export
product.
Provided
further that nothing contained in this notification shall apply to import of
Acetic Anhydride against licences issued after 24th November, 1993,
except where such licences together with the quantity required for manufacture
of the export product mentioned therein have been issued with the approval of
Advance Licensing Committee in the office of the Director General of Foreign
Trade;�
(b)
spares and mandatory spares, within a value lime 5% of the value of the
licence, which are required to be exported along with the export product; and
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