Eximkey - India Export Import Policy 2004 2013 Exim Policy
Excise Notification Circulars Notifications (Tariff / Non-Tariff) Notifications Issued Till 31-12-1999 Tariff NTF. NO. 02/1995-CE, DT. 04/01/1995
(This Notification has been Rescind vide Ntf. No. 23/2003-CE, Dt. 31/03/2003)

NTF. NO. 02/1995-CE, DT. 04/01/1995

Exempts excisable goods

As amended by Notification No. 76/95-CE, Dt. 1-4-1995; 100/95-CE, Dt. 2-6-1995; 7/96-CE, Dt. 1-7-1996; 21/97-CE, Dt. 11-4-1997; 23/97-CE, Dt. 29-4-1997; 4/98-CE, Dt. 24-4-1998; 26/98-CE, Dt. 24-8-1998; 29/98-CE, Dt. 8-9-1998; 25/99-CE, Dt. 19-5-1999; 38/99-CE, Dt. 16-9-1999; 39/99-CE, Dt. 16-9-1999 and 11/2000-CE, Dt. 1-3-2000

[OLD-
In exercise of the powers conferred by subsection (1) of section 5A of the Central Excises and Salt Act, 1944 (1 of 1944), 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 Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) and produced or manufactured in a hundred percent export oriented undertaking or a free trade zone or an Electronic Hardware Technology Park (EHTP) unit or Software Technology Parks (STP) unit and allowed to be sold in India under and in accordance with the provisions of sub-paragraphs (a), (b), (c) and (d) of paragraph 9.9 or of paragraph 9.20 of the Export and Import Policy, 1 April 1997 - 31 March 2002, from so much of the duty of excise leviable thereon under section 3 of the said Central Excises and Salt Act as is in excess of the amount calculated at the rate of fifty per cent 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 if imported into India:]

In exercise of the powers conferred by subsection (1) of section 5A of the Central Excises and Salt Act, 1944 (1 of 1944), 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 Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) and produced or manufactured in a hundred percent export oriented undertaking or a free trade zone or an Electronic Hardware Technology Park (EHTP) unit or Software Technology Parks (STP) unit and allowed to be sold in India under and in accordance with the provisions of sub-paragraphs (a), (b), (d) and (h) of paragraph 6.8 of the Export and Import Policy [OLD - sub-paragraphs (a), (b), (c), (d) and (h) of paragraph 9.9 or of paragraph 9.20 of the Export and Import Policy, 1 April 1997 - 31 March 2002], from so much of the duty of excise leviable thereon under section 3 of the said Central Excises Act as is in excess of the amount equivalent to fifty per cent. of the aggregate of the duties of customs, which would be leviable under the Customs Act, 1962 (52 of 1962) or under any other law for the time being in force, read with any notification for the time being in force in respect of the duty so chargeable on the like goods produced or manufactured outside India if imported into India:

(Bold Words befor the OLD has been substituted vide Ntf. No. 35/2002-Central Excise, Dt. 24/06/2002)

(In this para bold words has been substituted vide Ntf No.11/2002 -CE.,Dt.01/3/2002)

(Para has been substituted vide Ntf. No. 29/2001-CE, dt. 18/05/2001)

[Amended vide S.No. 1 of Central Excise Notification No. 38/99 dtd. 16-9-99]

Illustration. - Assuming product X has the value Rs. 100 under section 14 of the Customs Act, 1962 and is chargeable to basic customs duty of 30% ad valorem, additional duty of 16% ad valorem and special additional duty of 4% ad valorem. The computation of duty required tobe paid would be as follows:-

Basic customs duty =Rs. 30/-
Value for the purpose of calculation of additional duty =Rs.100/- +Rs.30/- = Rs.130/-
Additional duty =16% of Rs.130/- = Rs. 20.80
Value for the purpose of special additional duty =Rs.100/- + Rs.30 + Rs.20.80 = Rs.150.80
Special additional duty = 4% of Rs. 150.80 = Rs. 6.032
Total duty payable but for this exemption =Rs. 30 + Rs. 20.80 + Rs. 6.032 = Rs. 56.832
50% of the aggregate of the duties of customs =50% of Rs. 56.832 = Rs. 28.416

Duty required to be paid in accordance with this notification is Rs.28.416, provided it is not less than the duty of excise leviable on like goods produced or manufactured outside the hundred per cent.
export-oriented undertaking, etc.

(Illustration has been inserted vide Ntf No.11/2002 -CE.,Dt.01/3/2002)

Provided that the amount of duty payable in accordance with this notification in respect of the said goods shall not be less than the duty of excise leviable on the like goods produced or manufactured outside the hundred per cent export-oriented undertaking or free trade zone or Electronic Hardware Technology Park (EHTP) unit or Software Technology Parks (STP) unit which is specified in the said Schedule read with any other relevant notification issued under sub-rule (1) of rule 8 of the Central Excise Rules, 1944 or sub-section (1) of section 5A of the said Central Excises Act:]

[Amended vide S. no 1 of Central Excise Notification No. 38/99 dtd. 16-9-99]

Provided further that nothing contained in the above proviso shall apply to the goods which are chargeable to nil rate of duty leviable under section 12 of the Customs Act read with any other notification for the time being in force issued under sub-section (1) of section 25 of the said Customs Act:

Provided also that the exemption under this notification shall not be availed until the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise is satisfied that the said goods, including software, rejects, scrap, waste or remnants,-
    (a) being cleared for home consumption, other than scrap, waste or remnants are similar to the goods which are exported or expected to be exported from the units during specified period of such clearances in terms of Export and Import Policy, [Omitted - 1st April, 1997-31st March, 2002;]

    (In Clause (a) Bold Words has been Omitted vide Ntf. No. 35/2002-Central Excise, Dt. 24/06/2002)

    (b) the total value of such goods being cleared under paragraph 6.8 of the Export and Import Policy [OLD - the total value of such goods being cleared under paragraph 9.9 and 9.20 of the Export and Import Policy 1st April, 1997-31st March, 2002], for home consumption from the unit does not exceed 50% of the free on board value of exports made during the year (starting from 1st April of the year and ending with 31st March of next year) by the said unit; and

    (In Clause (b) Bold Words before OLD has been substituted vide Ntf. No. 35/2002-Central Excise, Dt. 24/06/2002)

    (In condition (b) following bold words has been omitted vide Ntf. No. 29/2001-CE, dt. 18/05/2001)

    [OLD
    (b) the total value of such goods being cleared under paragraph 9.9 and 9.20 of the Export and Import Policy 1st April, 1997-31st March, 2002, for home consumption from the unit does not exceed 50% of the free on board value of exports made during the year (starting from 1st April of the year and ending with 31st March of next year) by the said unit and the unit has fulfilled the minimum Net Foreign Exchange Earning as a Percentage of Exports (NFEP) prescribed in Appendix-I of the said Policy; and]

    (c) the balance of the production of the goods which are similar to such goods under clearance for home consumption, is exported out of India or disposed for in terms of paragraph 6.9 of the Export and Import Policy [OLD - paragraph 9.10 of the Export and Import Policy, 1st April, 1997-31st March, 2002.]

    (IN Clause (c) Bold Words before OLD has been substituted vide Ntf. No. 35/2002-Central Excise, Dt. 24/06/2002)

    (Substituted vide Central Excise Notification No. 25/99 dated 19-5-99)

[Old
Provided also that the exemption under this notification shall not be availed until the Assistant Commissioner is satisfied that,-
    (i) in the case of the said goods other than software, rejects, scrap, waste or remnants:

      (a) such goods being cleared for home consumption are identical in all respects to the goods which are exported or expected to be exported from the unit during specified period for such clearances in terms of the Export Import Policy 1.4.1997 31.3.2002;

      (b) the value of such goods being cleared for home consumption from the unit specified in column (2) of the Table hereto annexed, does not exceed the percentage limit of the entitlement as specified in the corresponding entry in column (3) of the said Table for such clearance, calculated with reference to the total value of production of goods which are identical in all respects to those under clearance;

      (c) the balance of the production of the goods which is identical to such goods under clearance of home consumption, is exported out of India or disposed of in terms of paragraph-9.10 of the said Export and Import Policy;

    (ii) in the case of the said goods being software cleared for home con-

      (a) the value of such software cleared during the period specified does not exceed twenty five percent of the total value of production of the software in the unit;

      (b) the balance of the production excluding the value cleared as referred to in the sub-clause (a) is exported out of India or disposed of in terms of para 9.10 of the said Export and Import Policy;

    (iii) in the case of the said goods in the nature of rejects, scrap, waste or remnant being cleared for home consumption, the value of such goods is within the percentage limits fixed for the unit in terms of the Export and Import Policy 1.4.1997 - 31.3.2002.]

Provided also that the clearance of goods for home consumption under paragraphs 6.8(b) and 6.8 (h) [OLD - paragraphs 9.9 (b) and 9.9 (h)] shall be allowed only when the unit has fulfilled the minimum Net Foreign Exchange Earning as a Percentage of Export (NFEP) prescribed in Appendix-I of the Export and Import Policy:

(In above para Bold Words before OLD has been substituted vide Ntf. No. 35/2002-Central Excise, Dt. 24/06/2002)

Provided also that the clearance of goods for home consumption under paragraph 6.8(a) [OLD - paragraph 9.9(a)]in excess of 5% of Free on Board value of exports made by the said unit during the year (starting from 1st April of the year and ending with 31st March of the next year) shall be allowed only when the unit has fulfilled the minimum Net Foreign Exchange Earning as a Percentage of Exports (NFEP) prescribed in Appendix-I of the said Policy.

(In above para Bold Words before OLD has been substituted vide Ntf. No. 35/2002-Central Excise, Dt. 24/06/2002)

(Above provisions has been inserted vide Ntf. No. 29/2001-CE, dated 18/05/2001)

Explanation:- For the purpose of this notification, the expression,--

(1) "Export and Import Policy" means the Export and Import Policy, 1st April, 2002 - 31st March, 2007 published by the Government of India in the Ministry of Commerce and Industry notification No.1/2002-07, dated 31st March, 2002, as amended from time to time.

(Explanation Clause (1) has been substituted vide Ntf. No. 35/2002-Central Excise, Dt. 24/06/2002)

[OLD
(1) "Export and Import Policy, 1 April, 1997 - 31 March, 2002" means the Export and Import Policy, 1 April 1997 - 31 March 2002, published by the Government of India under the Ministry of Commerce notification No. 1/1997-2002 dated 31st March, 1997;]

(2) Electronic Hardware Technology Park (EHTP) unit means a unit established under and in accordance with Electronic Hardware Technology Park (EHTP) Scheme notified by the notification of the Government of India in the Ministry of Commerce No. 5(RE-95) 92-97, dated the 30th April, 1995 and approved by an Inter-Ministerial Standing Committee appointed by the notification of the Government of India in the Ministry of Industry (Department of Industrial Development) No. S.O. 117(E), dated the 22nd February, 1993;

(3) "Software Technology Parks (STP) unit" means a unit established under and in accordance with Software Technology Parks (STP) Scheme notified by the notification of the Government of India in the Ministry of Commerce No. 4/(RE-95)/92-97, dated the 30th April, 1995 and approved by an Inter-Ministerial Standing Committee appointed by the notification of the Government of India in the Ministry of Industry (Department of Industrial Development) No. S.O. 117(E), dated the 22nd February, 1993.

[Old
TABLE


S.No.
Unit 		Percentage limit of entitlement for clearances for home consumption

(1)
(2)
(3)
1.Units in the agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, poultry and sericulture sectors

 50 percent.
2.Units engaged in the manufature of electronic hardware products:
    (a) For value addition of 15 per cent. or more but not exceeding 25 per cent.

    (b) For value addition exceeding 25 per cent.




30 percent.


40 percent.
3.Other units25 percent.

(Please refer CUS CIR NO.38/2003 DATE 06/05/2003 for Stock Transfer by an EOUs to DTA, Whether Covered under DTA sale of the EXIM Policy - Clarification regarding)

(Pl. See Ntf. No. 5/2002-CE(NT), Dt. 1/3/2002)

(Table Omitted vide Central Excise Notification No. 25/99 dated 19-5-99)

(Please refer Cus Cir No.38/2002 date 1/07/2002)

(Please see Cir No.31/2001 Cus dt.24/05/2001)


Presented by eximkey.com


Trade Intelligence
Search for latest information on item wise exports and imports, from all major Indian ports.

Username
Password
Register now Free ? Forgot Password ?
© Copyright 2022. Asis Industries Ltd . All Rights Reserved