This notification specified the procedure for export under bond without payment of duty - 042/2001 - Central Excise - Non Tariff

Conditions and procedures for export, except to Bhutan without payment of duty

Notification No.42/2001-CE(NT)

Dated 26/06/2001

G.S.R. (E). - In exercise of the powers conferred by sub-rule (3) of rule 19 of the Central Excise (No.2) Rules, 2001, the Central Board of Excise and Customs hereby notifies the conditions and procedures for export of all excisable goods, ⁷[except Bhutan] without payment of duty from the factory of the production or the manufacture or warehouse or any other premises as may be approved by the Commissioner of Central Excise, namely: -

1. Conditions: -

(i) that the exporter shall furnish a general bond in the Form specified in Annexure-I to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise having jurisdiction over the factory, warehouse or such approved premises, as the case may be, or the Maritime Commissioner or such other officer as authorised by the Board on this behalf in a sum equal at least to the duty chargeable on the goods, with such surety or sufficient security, as such officers may approve for the due arrival thereof at the place of export and their export there from under Customs or as the case may be postal supervision. The manufacturer-exporter may furnish a letter of undertaking in the Form specified in Annexure-II in lieu of a bond.

(ii) that goods shall be exported within six months from the date on which these were cleared for export from the factory of the production or the manufacture or warehouse or other approved premises within such extended period as the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise or Maritime Commissioner may in any particular case allow;

(iii) that when the export is from a place other than registered factory or warehouse, the excisable goods are in original packed condition and identifiable as to their origin;

⁶[(iv) that export of excisable goods which are chargeable to nil rate of duty or are wholly exempted from payment of duty, other than goods cleared by a hundred per cent export-oriented undertaking, shall not be allowed under this notification]

2. Procedure: -

i. Procedure for removal without payment of duty under this notification: -

(a) After furnishing bond, a merchant-exporter shall obtain certificates in Form CT-1 specified in Annexure-III issued by the Superintendent of Central Excise having jurisdiction over the factory or warehouse or approved premises or Maritime Commissioner or such other officer as may be authorised by the Board on this behalf and on the basis of such certificate he may procure excisable goods without payment of duty for export by indicating the quantity, value and duty involved therein;

(b) the exporter who has furnished bond shall ensure that the debit in bond account does not exceed the credit available therein at any point of time;

(c) the manufacturer-exporter may remove the goods without payment of duty after furnishing the letter of undertaking as specified under condition (i).

(d) such General bond or letter of undertaking shall not be discharged unless the goods are duly exported, to the satisfaction of the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise or Maritime Commissioner or such other officer as may be authorised by the Board on this behalf within the time allowed for such export or are otherwise accounted for to the satisfaction of such officer, or until the full duty due upon any deficiency of goods, not accounted so, and interest, if any, has been paid.

ii. Sealing of goods and examination at place of despatch. -

(a) For the sealing of goods intended for export at the place of despatch, the exporter shall present the goods along with four copies of application in the Form A.R.E.-1 specified in Annexure-IV to the Superintendent or Inspector of Central Excise who will verify the identity of goods mentioned in the application and the particulars of the duty paid or payable, and if found in order, he shall seal each package or the container in the manner as may be specified by the Commissioner of Central Excise and endorse each copy of the application in token of having such examination done;

⁹[Provided that where the nature of goods is such that the goods cannot be sealed in a package or a container such as coal or ore, etc., exemption from sealing of package or container may be granted by the Principal Chief Commissioner or Chief Commissioner of Central Excise subject to safeguard as may be specified by him in the permission.

 The safeguards shall, inter-alia, include the following:-

(i)     method of verification of quantity and quality of goods including testing of goods where necessary at the place of removal or despatch and at the port of export or SEZ, where the goods are received;

(ii)     no remission of duty shall be allowed for loss of goods within transit;

(iii)     permission shall be given on case to case basis for a specified period not exceeding one year at a time and may be withdrawn in case of misuse; and

            (iv)      any additional safeguards as may be specified]

(b) the said Superintendent or Inspector of Central Excise shall return the original and duplicate copies of application to the exporter and retain the quadruplicate copy;

(c) the triplicate copy of application shall be sent to the officer to whom bond or letter of undertaking has been furnished, either by post or by handing over to the exporter in a tamper proof sealed cover after posting the particulars in official records;

(d) the exporter may prepare quintuplicate copy of application for claiming any other export incentive. This copy shall be dealt in the same manner as the original copy of application;

(e) in case of export by parcel post after the goods intended for export has been sealed, the exporter shall affix to the duplicate application sufficient postage stamps to cover postal charges and shall present the documents, together with the package to which it refers, to the postmaster at the office of booking.

iii. Despatch of goods by self-sealing and self-certification. -

(a) Where the exporter desires self-sealing and self-certification for removal of goods from the factory, warehouse or any approved premises, the owner, the working partner, the Managing Director or the Company Secretary, of the manufacturing unit of the goods or the owner of warehouse or a person duly authorised by such owner, working partner or the Board of Directors of such Company, as the case may be, shall certify on all the copies of the application that the goods have been sealed in his presence, and shall send the original and duplicate copies of the application along with the goods at the place of export, and shall send the triplicate and quadruplicate copies of the application to the Superintendent or Inspector of Central Excise having jurisdiction over the factory, warehouse, any such approved premises within twenty four hours of removal of the goods;

⁹[Provided that where the nature of goods is such that the goods cannot be sealed in a package or a container such as coal or ore, etc., exemption from sealing of package or container may be granted by the Principal Chief Commissioner or Chief Commissioner of Central Excise subject to safeguard as may be specified by him in the permission.

 The safeguards shall, inter-alia, include the following:-

(i)     method of verification of quantity and quality of goods including testing of goods where necessary at the place of removal or despatch and at the port of export or SEZ, where the goods are received;

(ii)     no remission of duty shall be allowed for loss of goods within transit;

(iii)     permission shall be given on case to case basis for a specified period not exceeding one year at a time and may be withdrawn in case of misuse; and

            (iv)      any additional safeguards as may be specified]

(b) the Superintendent or Inspector of Central Excise shall, after verifying the particulars of the bond or letter of undertaking and endorsing the correctness or otherwise, of the particulars on the application, send to the officer to whom the bond or letter of undertaking has been furnished either by post or by handing over to the exporter in a tamper proof sealed cover after recording the particulars in the official records;

(c) The exporter may prepare quintuplicate copy of application for claiming any other export incentive. This copy shall be dealt in the same manner as the original copy of application;

(d) In case of export by parcel post after the goods intended for export has been sealed, the exporter shall affix to the duplicate application sufficient postage stamps to cover postal charges and shall present the documents, together with the package to which it refers, to the postmaster at the office of booking.

iv. Examination of goods at the place of export. -

(a) On arrival at the place of export, the goods shall be presented together with original, duplicate and quintuplicate (optional) copies of the application to the Commissioner of Customs or other duly appointed officer;

(b) The Commissioner of Customs or other duly appointed officer shall examine the goods with the particulars as specified in the application and if he finds that the same are correct and exportable in accordance with the laws for the time being in force, shall allow export thereof and certify on the copies of the application that the goods have been duly exported citing the shipping bill number and date and other particulars of export:

Provided that if the Superintendent or Inspector of Central Excise sealed packages or container at the place of despatch, the officer of customs shall inspect the packages or container with reference to declarations in the application to satisfy himself about the exportability thereof and if the seals are found intact, he shall allow export.

(c) The Commissioner of Customs or the other duly appointed officer shall return the original and quadruplicate (optional copy for exporter) copies of application to the exporter and forward the duplicate copy of application either by post or by handing over to the exporter in a tamper proof sealed cover to the officer specified in the application, with whom the exporter has furnished bond or a letter of undertaking.

(d) The exporter shall use the quintuplicate copy for the purposes of claiming any other export incentive.

v. Cancellation of applications:

(a) If the excisable goods are not exported, the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise or Maritime Commissioner or such other officer as authorised by the Board on this behalf, as the case may be, to whom the bond or letter of undertaking has been furnished, may, on written request for cancellation of application, cancel said application and allow diversion of goods for consumption in India subject to the sub-Para (b);

(b) The exporter shall pay the duty as specified in the application along with ¹[interest prescribed under ¹⁰[section 11AA] of the Central Excise Act, 1944] on such duty from the date of removal for export from the factory or warehouse or any other approved premises till the date of payment of duty.

vi. Procedure in respect of exported goods subsequently re-imported and returned to the factory:

(a) Exported excisable goods which are re-imported for carrying out repairs, re-conditioning, refining, re-making or subject to any similar process may be returned to the factory of manufacture for carrying out the said processes and subsequent re-export.

(b) Any waste or refuse arising as a result of the said processes shall be removed from the factory on payment of appropriate duty or destroyed after informing the proper officer in writing at least 7 days in advance and after observing such conditions and procedure as may be specified by the Commissioner of Central Excise and thereupon the duty payable on such waste or refuse may be remitted by the said Commissioner of Central Excise.

ExplanationI. - For the purpose of this notification, "merchant-exporter" mean any exporter who procures and exports excisable goods manufactured by any other person.

Explanation II. - For the purposes of this notification, "Maritime Commissioner" means the Commissioner of Central Excise under whose jurisdiction one or more of the port, airport, land customs station or post office of exportation, is located.

⁵[Explanation-III. For the purposes of this notification "duty" means, the duties of excise collected under the following enactments, namely:-

(a) the Central Excise Act, 1944 (1 of 1944);

(b) the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957);

(c) the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978);

(d) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001), as amended by Section 169 of the Finance Act, 2003 (32 of 2003) which was amended by Section 3 of the Finance Act, 2004 (13 of 2004);

(e) any special excise duty collected under a Finance Act.

(f) The additional duties of excise as levied under section 157 of the Finance Act, 2003 (32 of 2003);

⁴[(g) the Education cess on excisable goods as levied and collected under section 91 read with section 93 of the Finance (No.2) Act, 2004 (23 of 2004).]]

³[(h) the additional duty of excise leviable under clause 85 of the Finance Bill, 2005, the clause which has, by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931), the force of law.]

²[(i) Secondary and Higher Education Cess on excisable goods leviable under clause (126) read with clause (128) of the Finance Bill, 2007, which has, by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931), the force of law.]

¹¹[ ( j) Infrastructure Cess leviable under sub-clause (1) of clause 159 of the Finance Bill, 2016, which clause has, by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931), the force of law ]

 

Annexure-I

FORM B-1

GENERAL BOND (SURETY/SECURITY)

Annexure-II

FORM UT-1
Letter of Undertaking

Annexure-III

FORM CT-1

Certificate for procurement of excisable goods for export without
payment of duty

Annexure-IV

FORM A.R.E. 1
Application for removal of excisable goods for export by (Air/Sea/Post/Land)*

 
2. This notification shall come into force on 1st July, 2001.

 

F.No.209/19/2001-CX.6

(P.K. Sinha)

Under Secretary to the Government of India

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Notes :

As amended by Notification No. 1/2002-C.E. (N.T.), 25/2002-C.E. (N.T.), 22/2003-C.E. (N.T.), 45/2003-C.E. (N.T.), 56/2003-C.E. (N.T.), 80/2003-C.E. (N.T.) and

1. For the words "interest at the rate of twenty four percent per annum", the words "interest prescribed under section 11AB of the Central Excise Act, 1944" has been substituted vide Notification No. 20/2007 CE (NT) dated 19/4/2007

2. Has been inserted vide Notification No 18/2007 CE (NT) dated 8/3/2007

3. Has been inserted vide Notification No 15/2005 CE (NT) dated 1/3/2005

4. Has been substituted vide Notification No. 32/2004 CE (NT) dated 29/10/2004

5. Has been substituted vide Notification No. 16/2004 CE (NT) dated 10/8/2004

6. Inserted, vide Notification No. 24/2010-Central Excise (N.T.), dated 26.05.2010.

7. Substituted vide notification no. 26/2011 CE(NT) dated 5-12-2011 w.e.f. 1.3.2011, before it was read as, “except to Nepal and Bhutan”

8. Substituted vide notification no. 16/2012 CE(NT) dated 17-3-2012, in annexure II in clause (d) before it was read as, “section 11AB”

9. Inserted vide Not. 23/2015 - Dated 30-10-2015

10. Substituted vide Not. 16/2016 - Dated 1-3-2016 before it was read as, “section 11AB”

11. Inserted vide Not. 26/2016 - Dated 5-5-2016