Auxiliary duty - 131/92 - Customs -Tariff

Auxiliary duty Notification No. 131/92-Cus. Dated 1-3-1992 In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), read with sub-clause (4) of clause 114 of the Finance Bill, 1992 which clause has, by virtue of the declaration made in the said Finance Bill under the Provisional Collection of Taxes Act, 1931 (16 of 1931) the force of law, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts copper wire bars, copper cathodes, copper wire rods, gold, silver and selenium, falling within Chapter 28, 71 or 74 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and produced out of copper reverts, copper spent anodes or copper anode slime sent out of India for toll smelting or toll processing, when imported into India, from so much of the auxiliary duty of customs leviable thereon under sub-clause (1) of clause 114 of the said Finance Bill as is in excess of the amount calculated at the rate of 45 per cent of the value of the said goods representing only — (i) the toll smelting or toll processing costs, as the case may be, that is to say, - (a) labour charges; (b) cost of material (other than the cost of goods sent out of India) used in such toll smelting, or toll processing; and (c) any other charges which are payable in connection with toll smelting or toll processing abroad; (ii) the insurance and freight charges both ways, subject to the following conditions, namely :- (a) the copper wire bars, copper cathodes, copper wire rods, gold, silver or selenium, as the case may be, are imported within three years of the date of sending of copper reverts, copper spent anodes or copper anode slime out of India; and (b) sufficient evidence exists to show that the copper wire bars, copper cathodes, copper wire rods, gold, silver or selenium, as the case may be, which are imported have in fact been obtained out of toll smelting or toll processing of the copper reverts, copper spent anodes or copper anode slime sent out of India.