Utilisation of DEPB for edible oil imports - 095/2004 - Customs -Tariff

15th September, 2004 Notification No. 95 /2004 - Customs 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 directs that each of the notifications of the Government of India in the Ministry aof Finance (Department of Revenue) specified in column (2) of the Table below shall be further amended in the manner as specified in the corresponding entry in column (3) of the said Table, namely:- Table S. No. Notification number and date Amendment (1) (2) (3) 1. 45/2002-Customs, dated the 22 nd April, 2002 In the said notification,- (i) in the opening portion, for the portion beginning with words "goods imported into India from" and ending with the words figure and letter " the whole of the Special Additional Duty of Customs leviable under section 3A of the said Customs Tariff Act", the following shall be substituted, namely:- "the goods of description specified in column (2) of the Table below, when imported into India ,- (a) from so much of duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table; (b) from so much of duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, as is in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the said Table"; (ii) after condition (iv) and before the Explanation, the following Table shall be inserted, namely,- " TABLE S.No. Description of goods Standard rate Additional duty rate (1) (2) (3) (4) 1. Goods other than edible oils Nil Nil 2. Edible oils 50% of applied rate of duty 50% of applied rate of additional duty"; (iii) in Explanation, after Explanation (iii), the following Explanations shall be inserted, namely:- ' (iv) "applied rate of duty" means the standard rate of duty specified in the First Schedule to the said Customs Tariff Act with respect to the goods specified in column (2) of the said Table, read with any other notification (for the time being in force) issued in respect of such goods under sub-section (1) of section 25 of the said Customs Act ; (v) "applied rate of additional duty" means the additional duty leviable under section 3 of the said Customs Tariff Act with respect to the goods specified in column (2) of said Table, read with any other notification (for the time being in force) issued in respect of such goods under sub-section (1) of section 25 of the said Customs Act.'; 2. 34/97-Customs, dated the 7th April, 1997 In the said notification,- (i) in the opening portion, for the portion beginning with words "goods imported into India from" and ending with the words "subject to the following conditions, namely:-" the following shall be substituted, namely:- "the goods of description specified in column (2) of the Table below, when imported into India ,- (1) from so much of duty of customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)as is in excess of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table; (2) from so much of duty of customs leviable thereon under the First Schedule to the said Customs Tariff Act as is in excess of the amount calculated at the rate specified in the corresponding entry in column (4) of the said Table; subject to the following conditions, namely:-" (ii) after condition (vii) and before the Explanations, the following Table shall be inserted, namely:- " TABLE S.No. Description of goods Standard rate Additional duty rate (1) (2) (3) (4) 1. Goods other than edible oils Nil Nil 2. Edible oils 50% of applied rate of duty 50% of applied rate of additional duty"; (iii) for Explanation, the following Explanation, shall be inserted, namely,- ' For the purposes of this notification ,- (i) " Export and Import Policy" means the Export and Import Policy, April, 1997-March, 2002, published vide notification of the Government of India in the Ministry of Commerce No. 2/1997-2002, dated the 31 st March, 1997; (ii) "applied rate of duty" means the standard rate of duty specified in the First Schedule to the said Customs Tariff Act with respect to the goods specified in column (2) of the said Table, read with any other notification (for the time being in force) issued in respect of such goods under sub-section (1) of section 25 of the said Customs Act; (iii) "applied rate of additional duty" means the additional duty leviable under section 3 of the said Customs Tariff with respect to the goods specified in column (2) of the said Table, read with any other notification (for the time being in force) issued in respect of such goods under sub-section (1) of section 25 of the said Customs Act.'. Harbinder Kaur Prasad Under Secretary to Government of India F. No.605/65/2004 -DBK Note: 1. Notification No. 34/97-Customs, dated the 7th April, 1997 was published in the Gazette of India, Extraordinary Part II, Section 3, sub-section (i) vide G.S. R.197 (E), dated the 7th April, 1997 and was last amended by notification No.63/2004, dated the 14 th May, 2004 published vide G.S.R 314(E), dated 14 th May, 2004. 2. Notification No. 45/2002-Customs, dated the 22 nd April, 2002 was published in the Gazette of India, Extraordinary Part II, Section 3, sub-section (i), vide G.S. R. 298 (E), dated the 22 nd April, 2002 and was last amended by notification No.63/2004, dated the 14 th May, 2004 published vide G.S.R.314(E), dated 14 th May, 2004.