Exemption to all excisable goods produced in 100% EOU, FTZ, EHTP or STP units when sold in India - 02/95 - Central Excise - Tariff

Exemption to all excisable goods produced in 100% EOU, FTZ, EHTP or STP units when sold in India

Notification No. 2/95-C.E.

Dated 4-1-1995

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 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 a Electronic Hardware Technology Park (EHTP) unit or a Software Technology Parks (STP) unit and allowed to be sold in India under and in accordance with the provisions of, -

(i) paragraphs 102 and 114 of the Export and Import Policy, 1 April 1992 - 31 March 1997, in the case of hundred percent export oriented undertaking or a free trade zone; or

(ii) notification of the Government of India in the Ministry of Commerce No. 42(N-8)/92-97, dated the 14th September, 1992 upto a value not exceeding forty percent of the value of production of components and finished goods manufactured, in the case of a Electronic Hardware Technology Park (EHTP) unit;

(iii) notification of the Government of India in the Ministry of Commerce No. 33/(RE)/92-97, dated the 22nd March, 1994, upto a value not exceeding twenty-five percent of the value of production of software manufactured in the case of a Software Technology Parks (STP) unit,

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 :

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 and Salt Act, as the case may be :

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.

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

(1) "Export and Import Policy, 1 April, 1992 - 31 March, 1997" means the Export and Import Policy, 1 April, 1992 - 31 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.

(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. 42 (N-8)/92-97, dated the 14th September, 1992 and approved by an Inter-Ministerial Standing Committee appointed by the noti- fication 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. 33/(RE)/92-97, dated the 22nd March, 1994 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.