Goods of 100% EOU, FTZ, EHTP or STP Units if sold in India - Amendment to Notification No. 2/95-C.E. - 100/95 - Central Excise - Tariff

Goods of 100% EOU, FTZ, EHTP or STP Units if sold in India - Amendment to Notification No. 2/95-C.E. Notification No. 100/95-C.E. Dated 2-6-1995 In exercise of the powers conferred by sub section (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 makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 2/95-Central Excises, dated the 4th January, 1995, namely :- In the said notification,- (A) for clause (ii) and clause (iii), the following clauses shall be substituted, namely :- "(ii) notification of the Government of India in the Ministry of Commerce No. 4(RE-95)92-97, dated the 30th April, 1995. (iii) notification of the Government of India in the Ministry of Commerce No. 5/(RE-95)/92-97, dated the 30th April, 1995." (B) for the third proviso, before the "Explanation", the following provisos shall be substituted, namely :- "Provided also that - (i) in the case of said goods, other than software, rejects, scrap, waste or remnant, - (a) such goods being cleared for home consumption are identical in all respects with the goods exported or expected to be exported from the unit during a specified period for such clearances in terms of the Export and Import Policy, 1st April, 1992 - 31st March, 1997; (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 clearances calculated with reference to the total value of production of the goods which are identical in all respects to those under clearance; (c) the balance of the production of goods which is identical to such goods under clearance for home consumption is exported out of India or disposed of in terms of paragraph 103 of the Export and Import Policy, 1st April, 1992 - 31st March, 1997. (ii) in the case of said goods being software cleared for home consumption, - (a) the value of such software during a specified period for such clearance does not exceed 25 per cent of the total value of production of the software in the unit; (b) the balance of the production of software is exported out of India or disposed of in terms of paragraph 103 of the Export and Import Policy, 1st April, 1992 - 31st March, 1997. (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, 1st April, 1992 - 31st March, 1997 : Provided also that a certificate is produced from the Development Commissioner having jurisdiction over the hundred per cent export oriented undertaking or the unit in the free trade zone, or as the case may be, from the designated officer in the charge of the Software Technology Park or the Electronics Hardware Technology Park certifying the fulfilment of the conditions specified in clause (i), clause (ii) and clause (iii) of the third proviso as the case may be, as applicable in respect of the said goods under clearance for home consumption."; (C) in the "Explanation", in clause (2), for the words, letters, figures and brackets "No. 42(n-8) 92-97, dated the 14th September, 1992", the following words, letters, figures and brackets shall be substituted, namely :- " No. 5(RE-95) 92-97 dated the 30th April, 1995" (D) in the "Explanation", in clause (3), for the words, letters, figures and brackets "No. 33/(RE)/92-97, dated the 22nd March, 1994" the following words, letters, figures and brackets shall be substituted, namely :- "No. 4/(RE-95)/92-97, dated the 30th April, 1995"; (E) after "Explanation", the following "Table" shall be added, namely :- "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 per cent 2. Units engaged in the manufacture of electronic hardware products : (a) For value addition of 15 per cent or more but not exceeding 25 per cent 30 per cent (b) For value addition exceeding 25 per cent 40 per cent 3. Other units 25 per cent";