Supersedes Notification No. 168/88-Cus. [Auxiliary Duty] - 312/88 - Customs -Tariff

Supersedes Notification No. 168/88-Cus. [Auxiliary Duty] Notification No. 312/88-Cus. Dated 9-12-1988 In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), read with sub-section (4) of section 77 of the Finance Act, 1988 (26 of 1988), and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 168/88-Customs, dated the 13th May, 1988, 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-section (1) of section 77 of the said Finance Act, as is in excess of the amount calculated at the rate of forty-five 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 the goods sent out of India) used in such toll smelting or toll processing, and (c) any other charges which are payable in connection with the toll smelting or toll processing abroad; and (ii) the insurance and freight charges both ways, subject to the following conditions, namely :- (a) the copper wire bars, coper 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.