Exemption to all excisable goods when sold in DTA - 97/91 - Central Excise - Tariff

Exemption to all excisable goods when sold in DTA

Notification No. 97/91-C.E.

Dated 7-10-1991

In exercise of the powers conferred by sub-section (1) of Section 5A of the Central Excises and Salt Act, 1944 (1 of 1944), and in supersession of the notification of Government of India in the Ministry of Finance (Department of Revenue) No. 81/91-Central Excises, dated the 25th July, 1991, 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 100% export oriented undertaking or a free trade zone and allowed to be sold in India under and in accordance with the provisions of paragraphs 334 and 345(3) of the Import and Export Policy from so much of the duty of excise leviable thereon under Section 3 of the said Central Excises and Salt Act, 1944 as is in excess of the amount calculated at the rate of 50% 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 imported into India :

Provided that the amount of aggregate duties of customs in respect of the said goods shall not be less than the amount calculated at the rate of 25% ad valorem or the duty of excise leviable thereon which is specified in the said Schedule read with any 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, whichever is higher :

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 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 amount of duty calculated at the rate of 25% ad valorem shall be apportioned in the same ratio in which the said goods are chargeable to each of the duties of customs, but for the exemption contained in this notification.

Explanation. - For the purpose of this notification, the expression "Import and Export Policy" means the Import and Export Policy, April, 1990 - March, 1993, published vide public notice of the Government of India in the Ministry of Commerce No. 1-ITC (P.N.) 90-93, dated the 30th March, 1990, as amended from time to time.