Supersedes Notification No. 82/92-CE, DT. 27/08/92 - EOUs/EPZ/SEZ Units - No Excise Duty on Supplies against AROs/DFRCs - 028/2001 - Central Excise - Tariff

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Supersedes Notification No. 82/92-CE, DT. 27/08/92 - EOUs/EPZ/SEZ Units - No Excise Duty on Supplies against AROs/DFRCs

(This Notification has been Rescinded vide Notification No. 23/2003-CE, Dt. 31/03/2003)

NOTIFICATION NO. 28/2001-CE

DATED 16/05/2001

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944(1 of 1944), and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue), notification no. 82/92-CE, dated the 27th August, 1992 [GSR 744(E), dated the 27th August, 1992], the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts all excisable goods (hereinafter referred to as the said goods) specified in the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), produced or manufactured in a hundred per cent export oriented undertaking(EOU) or a free trade zone(FTZ) or a special economic zone(SEZ) and cleared to a person -

a. holding an advance release order issued by the licensing authority against an advance licence in terms of [paragraph 4.1.8] of the Export & Import Policy, read with relevant provisions of the Handbook of Procedures, or a back to back inland letter of credit issued by a bank in terms of [paragraph 4.1.9] of the Export and Import Policy read with relevant provisions of the Handbook of Procedures from the whole of the duty of excise leviable thereon under section 3 of the said Central Excise Act;

b. holding an advance release order issued by the licensing authority against a Duty Free Replenishment Certificate (DFRC) in terms of [paragraph 4.1.8] of the Export & Import Policy read with relevant provision of the Handbook of Procedures or a back to back inland letter of credit issued by a bank in terms of [paragraph 4.1.9] of the Export and Import Policy read with relevant provisions of the Handbook of Procedures from that portion of duty of excise leviable thereon under section 3 of the said Central Excise Act, as is equal to the duty of customs leviable on like goods produced or manufactured outside India if imported into India, which is specified in the First Schedule to the Custom Tariff Act, 1975 ( 51 of 1975) and special additional duty of customs leviable thereon under section 3A of the said Customs Tariff Act:

subject to the following conditions, namely:-

i. the advance licence holder/ DFRC holder produces the said advance release order specifying therein the quantity, description (including the technical specifications) and the value of each of the said goods permitted to be cleared in accordance with this notification or, as the case may be, his copy of back to back inland letter of credit specifying therein the name and address of the indigenous supplier in original before the proper officer of Central Excise/Customs; and

ii. the quantity and the value of each of the items are debited by the proper officer of Central Excise/Customs in the said advance release order or as the case may be, the back to back inland letter of credit, before allowing clearance of the said goods.

Explanation. - For the purposes of this notification, -

²[(i) "Export and Import Policy" means the Export and Import Policy, 2002-2007, published by the Government of India in the Ministry of Commerce and Industry vide notification No.1/ 2002-07, dated 31st March, 2002, as amended from time to time.

(ii) "Handbook of Procedures" means the Handbook of Procedures Volume I, 2002-2007, published by the Government of India in the Ministry of Commerce and Industry vide Public Notice No.1/2002-07 dated 31st March, 2002, as amended from time to time.]

(iii) "Licensing Authority," means an authority competent to grant a licence under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or the rules made thereunder.

F.NO. 305/ 53/2001-FTT

(Please refer Cus Cir No.38/2002 date 1/07/2002)

(Please see Cir No.31/2001 Cus dt.24/05/2001)

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Notes :

1. For the words and figures "paragraph 7.7" and "paragraph 7.8", wherever they occur, the word and figures "paragraph 4.1.8" and "paragraph 4.1.9" has bee respectively be substituted vide Notification No. 35/2002-Central Excise, Dated 24/06/2002

2. Has been substituted vide Notification No. 35/2002-Central Excise, Dated 24/06/2002