9911796707
TMI BlogDetermines the rates of drawback as specified in the ScheduleX X X X Extracts X X X X X X X X Extracts X X X X ..... ) and sub-section (2) of section 94 of the Finance Act, 1994 (32 of 1994) read with rule 3 and rule 4 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 (hereinafter referred to as the said rules) and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 36/2005-Customs (N.T.), dated the 2nd May, 2005 [GSR 267(E) dated 2nd May, 2005] except as respects things done or omitted to be done before such supersession, the Central Government hereby determines the rates of drawback as specified in the Schedule annexed hereto (hereinafter referred to as the said Schedule) subject to the conditions specified hereunder, namely:- Conditions: (1) The tariff items a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rawback expressed as a percentage of the free on board ( f.o.b.) value or the rate per unit quantity of the export goods, as the case may be. (4) The figures shown in columns 5 and 7 appearing below the "Drawback Cap" refer to the maximum amount of drawback that can be availed of per unit specified in column 3. (5) The figures shown under drawback rate and drawback cap appearing below the column "Drawback when Cenvat facility has not been availed" refer to the total drawback (customs, central excise and service tax component put together) allowable and those appearing under the column "Drawback when Cenvat facility has been availed" refer to the drawback allowable under the customs component. The difference between the two columns refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uty Free Replenishment Certificate Licence issued in terms of notification No. 90/2004-Customs, dated the 10th September, 2004, drawback at the rate equivalent to Central Excise allocation of rate of drawback specified in the said Schedule shall be admissible subject to the conditions specified therein; (c) manufactured or exported by a unit licensed as hundred per cent. Export Oriented Unit in terms of the provisions of the relevant Export and Import Policy and the Foreign Trade Policy; (d) manufactured or exported by any of the units situated in free trade zones or export processing zones or special economic zones; (e) manufactured or exported by availing the rebate of duty paid on materials used in the manufacture or processing of suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ties and Service Tax Drawback Rules, 1995. (9) The rates of drawback specified against the various tariff items in the said Schedule in specific terms or on ad valorem basis, unless otherwise specifically provided, are inclusive of drawback for packing materials used, if any. (10) The term "dyed", wherever used in the said Schedule in relation to textile materials, shall include yarn or piece dyed or predominantly printed or coloured in the body. (11) Wherever specific rates have been provided against tariff item in the Schedule, the drawback shall be payable only if the amount is one per cent or more of free on board value, except where the amount of drawback per shipment exceeds five hundred rupees. (12) The expression "when Cenvat fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is any information contrary to the declarations, the proper officer of customs shall cause a verification of such declarations. (14) The term 'article of leather' in chapter 42 of the said Schedule shall mean any article wherein 60% or more of the outer visible surface area (excluding shoulder straps or handles or fur skin trimming, if any) is of leather notwithstanding that such article is made of leather and any other material. (15) The term "dyed" in relation to fabrics and yarn of cotton, shall include "bleached or mercerized or printed or mélange. (15A) The term "dyed" in relation to textile materials in Chapters 54 and 55, shall include "printed or bleached. (16) In respect of the tariff items appearing in chapter 64 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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