Amendments to Notification No. 513/86-Cus. - G.E. No. 43 - 102/93 - Customs -Tariff

Amendments to Notification No. 513/86-Cus. - G.E. No. 43 Notification No. 102/93-Cus. Dated 16-3-1993 In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), 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. 513/86-Customs, dated the 30th December, 1986, namely :- In the said notification, — (a) In the first paragraph - (i) for the words "raw material, components, intermediates, consumables, parts other than spares and packing materials", the word "materials", shall be substituted; (ii) the words "or for the replenishment of raw materials, components, intermediates, consumables, parts, other than spares and packing materials used in the manufacture of such goods already so supplied" shall be omitted; (iii) in condition (1), for the words, brackets and figures "as specified in the Import (Control) Order, 1955 for the import or release of raw materials, components, intermediates, con sumables, parts other than spares and packing materials for the aforesaid purpose", the words "for the import or release of materials for the aforesaid purpose and the same is produced at the time of clearance for debit by the proper officer of customs" shall be substituted; (iv) in condition (2), - (A) in clause (a), for the words "raw materials, components, intermediates, consumables, parts other than spares, and packing materials", the word "materials" shall be substituted; (B) in clause (b), for the words "raw materials, components, intermediates, consumables, parts other than spares and packing materials allowed to be imported", the words "materials allowed to be imported duty free" shall be substituted; (v) in condition (3), for the words "raw materials, components, intermediates, consumables, parts other than spares and packing materials", the word "materials" shall be substituted; (vi) after condition (4), the following shall be added, namely :- "(5) the importer makes a declaration at the time of clearance of imported materials before the Assistant Collector of Customs, that he shall pay on demand, an amount equal to the duty leviable but for the exemption on the im ported materials in respect of which conditions specified in this notification have not been complied with; (6) that the exempt materials are utilised for the manufacture of goods which are supplied to the Oil and Natural Gas Commission or the Gas Authority of India Limited or the Oil India Limited, as the case may be, and that no portion of such materials shall be loaned, transferred, sold or disposed of in any other manner : Provided that where obligations under the licence have been fully discharged, sale proceeds realised, and bond ex ecuted in terms of condition (3) redeemed by the licensing authority, the importer may, if the benefit of input stage credit under rule 56A or rule 57A of Central Excise Rules, 1944, has not been availed in respect of goods manufactured/ transfer the imported materials to any other person". (b) for paragraph (1A), the following shall be substituted, namely :- "1A. Where benefit of this notification is sought by a person other than the licencee, such benefit shall be allowed against the licence only if it bears endorsement of transferability by the licensing authority: Provided that no such endorsement of transferability shall be made by the licensing authority - (i) unless the obligations against the licence have been dis charged, sale proceeds realised, and the bond executed by the importer in terms of conditions (3) redeemed; (ii) where the benefit of input stage credit under rule 56A or rule 57A of Central Excise Rules, 1944 has been obtained; and (iii) where the licence has been issued prior to 1-4-1992. (c) The following Explanation shall be added at the end, namely :- "Explanation. — in this notification - (i) "licensing authority" means the Director General of Foreign Trade appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant a licence under the said Act; (ii) "materials" means - (a) raw materials, components, intermediates, consumables, and parts required for manufacture of goods to be supplied; (b) spares, including mandatory spares, within a value limit of 5% of the value of the licence, which are required to be supplied along with the goods so manufactured; (c) packing material required for the packing of goods to be supplied."