EOU, FTZ, EHTP or STP Units goods sold in India - Amendment to Notification No. 2/95-C.E. - 004/98 - Central Excise - Tariff

EOU, FTZ, EHTP or STP Units goods sold in India - Amendment to Notification No. 2/95-C.E. Notification No. 4/98-C.E. Dated 24-4-1998 In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), by the Central Government being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 2/95-C.E., dated the 4th January, 1995, namely :- (1) In the said notification, for third proviso, the following proviso shall be substituted, namely :- "Provided also that the exemption under this notification shall not be availed until the Assistant Commissioner is satisfied that, - (i) in the case of the said goods other than software, rejects, scrap, waste or remanants :- (a) such goods being cleared for home consumption are identical in all respects to the goods which are exported or expected to be exported from the unit during specified period for such clearances in terms of the Export Import Policy 1-4-1997 - 31-3-2002; (b) the value of such goods being cleared for home consumption from the unit specified in column (2) of the Table hereto annexed, does not exceed the percentage limit of the entitlement as specified in the corresponding entry in column (3) of the said Table for such clearance, calculated with reference to the total value of production of goods which are identical in all respects to those under clearance. (c) the balance of the production of the goods which is identical to such goods under clearance of home consumption, is exported out of India or disposed of in terms of paragraph 9.10 of the said Export and Import Policy. (ii) in the case of the said goods being software cleared for home consumption :- (a) the value of such software cleared during the period specified does not exceed twenty-five per cent of the total value of production of the software in the unit; (b) the balance of the production excluding the value cleared as referred to in the sub-clause (a) is exported out of India or disposed of in terms of para 9.10 of the said Export and Import Policy. (iii) in the case of the said goods in the nature of rejects, scrap, waste or remanant being cleared for home consumption, the value of such goods is within the percentage limits fixed for the unit in terms of the Export and Import Policy 1-4-1997 - 31-3-2002. (2) the fourth proviso shall be omitted.