Exemption to Computer Equipments and start-up spares of such equipments [Chapter 84] - 167/90 - Central Excise - Tariff

Exemption to Computer Equipments and start-up spares of such equipments [Chapter 84]

Notification No. 167/90-C.E.

Dated 17-12-1990

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 computer equipments, falling under heading No. 84.71 and the start-up spares of such computer equipments, falling under heading No. 84.73, of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), (hereinafter referred to as the said goods), when supplied to an exporter of computer software in terms of Notification No. 260/90-Customs, dated the 24th October, 1990 (hereinafter in this notification referred to as the ultimate exporter), from the whole of the duty of excise leviable thereon under the said Schedule, subject to the following conditions, namely :-

(i) Before clearance of the said goods, the manufacturer shall produce before the Assistant Collector of Central Excise having jurisdiction over his factory-

(a) a certificate from an officer not below the rank of a Joint Director in the Department of Electronics of the Government of India to the effect that the said goods are required by the said ultimate exporter for fulfilment of export obligation specified in the said Notification No. 260/90-Customs;

(b) a certificate from the licensing authority to the effect that the said ultimate exporter has executed a bond accompanied by a bank guarantee for full amount of duty of excise leviable on the said goods but for the exemption contained herein, before the licensing authority, undertaking to comply with all the conditions and obligations specified in the said Notification No. 260/90-Customs.

(ii) The manufacturer follows the procedure specified in rules 156A and 156B of the Central Excise Rules, 1944 as modified by rule 173N of the said rules in respect of the said goods.

Explanation. - In this notification, "licensing authority" means an authority competent to grant a licence under the Import (Control) Order, 1955 made under the Imports and Exports (Control) Act, 1947 (18 of 1947).