Exemption from operation of Rule 174 - 15/92 - Central Excise - Non Tariff

Exemption from operation of Rule 174

Notification No. 15/92-C.E.(N.T.)

Dated 14-5-1992

In exercise of the powers conferred by sub-rule (2) of rule 174 of the Central Excise Rules, 1944, the Central Board of Excise and Customs, being satisfied that it is necessary and expedient in the public interest so to do, hereby exempts from the operation of rule 174 all persons manufacturing excisable goods (hereinafter referred to as the said goods) :

Provided that -

(i)  the said goods are manufactured by following the warehousing procedure as required by or under the Customs Act, 1962 (52 of 1962);

(ii) the said goods and any intermediary or by-product including the waste and refuse arising during the process of manufacture of the said goods under the Customs Bond are either destroyed or exported out of the country to the satisfaction of the Assistant Collector of Customs, incharge of the Customs Bonded Warehouse;

(iii) the manufacturer shall file a declaration and give an undertaking in the Form appended hereto, in triplicate while claiming exemption under this notification for the first time and thereafter before the 15th day of April of each financial year; and

(iv) no drawback or rebate of duty of excise paid on the raw materials or components used in the manufacture of the said goods, shall be admissible.

Provided further that nothing contained in this notification shall apply to the said goods which are not entitled to the rebate of full duty of excise paid thereon on export or whose export under bond is not permissible under the Central Excise Rules, 1944 :

Provided also that nothing contained in this notification shall apply if the excisable goods and any intermediary or by-product including the waste and refuse arising during the process of manufacture of the said goods are cleared for home consumption.

FORM

To

The Superintendent,

Central Excise,

…………………

I/We .................. declare that to the best of my/our knowledge and belief the information furnished in the Schedule below is true and complete.

I/We undertake to apply for a Central Excise registration certificate in the proper form and to pay duty of excise thereon as soon as the said goods manufactured by me/us for cent percent export and exempted from licence under notification......... are not exported or are diverted for home consumption or become dutiable on any count.

I/We also undertake to intimate any change in the information furnished in the said Schedule.

SCHEDULE

1. Name and address of the factory.

2. Customs Bonded Warehouse Registration No. and date.

3. Full description of the said goods (item wise) manufactured in the factory.

4. Heading No. or sub-heading No. of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), under which the said goods are classifiable.

5. Value/quantity of the said goods (*****) manufactured during the preceding financial year.

6. Value/quantity of the said goods exported during the preceding financial year.

Signature of the applicant.