Cus Ntf No. 11/1998 Dated 27-4-1998
- Document type
- Notification
- Reference no.
- A
- Dated
- Category
- Tariff
Jhandewalan Jewellary Units - DTA Sale allowed - Wastage norms changed
TABLE ---------------------------------------------------------------------------------------------- Sl.No. Notification No. Amendment and Date ---------------------------------------------------------------------------------------------- (1) (2) (3) ---------------------------------------------------------------------------------------------- 1. 3/88-Customs dated the In the said notification,- 14th January, 1998 (a) in opening paragraph in condition (xi), for the second proviso, the following provisoes shall be substituted namely:- "Provided further that jewellery upto 10% of the value of export by the unit in the preceding year, may be allowed clearance into Domestic Tariff Area by the Department Commissioner in consultation with the Assistant Commissioner of Customs, on payment of applicable duties; Provided also that exchange of machine-made gold or silver or platinum jewellery and chains, from any place in India to the said complex with the gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery or the chain, as the case may be, permitted subject to such conditions as may be prescribed by the Assistant Commissioner of Customs". (b) in the opening paragraph, for condition (xiii), the Table below the said condition and the Explanation to said Table, the following condition Table and Explanation shall be substituted namely "(xiii) the Assistant Commissioner of Customs may allow, subject to fulfillment of such conditions as he may specify, the percentage of wastage of gold or platinum specified in column (2) of the Table given below or percentage of wastage of silver as specified in column (3) of the said Table, during the manufacture of jewellery of description specified in the corresponding entry in column (1) of the said Table. ----------------------------------------------------------------------------------------------TABLE ---------------------------------------------------------------------------------------------- Description of jewellery percentage of wastage percentage of of Gold or Platinum wastage of Silver ---------------------------------------------------------------------------------------------- (1) (2) (3) ---------------------------------------------------------------------------------------------- a. Plain jewellery and 3.5% 4.5% articles thereof unstudded b. Studded jewellery and 9.0% 10% articles thereof c. Mountings and findings 3.5% 4.5% used in the plain jewellery d. Mounting and findings 3.5% 4.5% used in the studded jewellery e. Chain manufactured by 1.25% 1.25% a fully mechanised process and unstudded ----------------------------------------------------------------------------------------------
"Explanation":
(a) The wastage for mounting and findings is admissible only when such mountings and findings are manufactured from imported gold and are exported as such.
(b) The percentage of wastage shall be calculated with reference to the total quantity of gold or silver, imported or issued for manufacture of the jewellery.
(c) No wastage shall be allowed for the jewellery procured under para 8.34 of the Export and Import Policy".
(c) In opening paragraph, in condition (xviii) for clause (c), the following clauses shall be substituted, namely:- "(c) Permit supply of unsuitable or broken cut and polished diamonds, precious and semi-precious stones or rough diamonds upto 5% of value of import or indigenously procured goods to the Domestic Tariff Area against the valid REP or GEM REP or Diamond Imprest Licences as applicable on payment of appropriate duty. (d) Permit with the approval of Gem and Jewellery Export Promotion Council, personal carriage of precious metals jewellery or precious or semi precious stones or beads as samples upto US 1,00,000 for export promotion tours and temporary display abroad subject to the condition that the exporter would bring back the jewellery or its sale proceeds within 45 days from the date of its clearance; (e) Permit export of jewellery including branded, jewellery for display and sale in the permanent shops set up abroad, provided that such items not sold abroad within 180 days, shall be re-imported within next 45 days". (d) In paragraph 2, for the words, "Minerals and Metals Trading Corporation of India Limited, the Handicraft and Handloom Export Corporation, the State Trading Corporation, the State Bank of India and any agency authorised by the Reserve Bank of India" the words, "Metals and Minerals Trading Corporation Limited, Handicraft and Handloom Export Corporation, State Trading Corporation, the Projects and Equipment of India Limited and any agency authorised by Reserve Bank of India" shall be substituted; (e) in paragraph 2, after proviso, the following proviso shall be inserted; "Provided further that in the event of the Gem and Jewellery units to whom the gold or silver has been supplied, fails to export the jewellery made out of such gold or silver within the time specified in the Export and Import Policy under the respective Scheme, the nominated agencies shall deposit duty on the quantity of the gold or silver not contained in the jewellery exported at the rate of duty of Customs leviable on the gold or silver, as the case may be, as provided in the notification No. 80/97-Customs, dated the 21st October, 1997 within seven days of the expiry of the period within the said jewellery manufactured out of the said gold or silver was supposed to be exported." 2. 277/90-Customs dated the In the said notification.- 12th December, 1990 "(a) in the opening paragraph in condition (xii), for the second proviso, the following provisoes shall be substituted, namely:- "Provided further that jewellery upto 10% of the value of export by the unit in the preceding year, may be allowed clearance into Domestic Tariff Area by the Development Commissioner in consultation with the Assistant Commissioner of Customs, on payment of applicable duties; Provided also the exchange of machine-made gold or silver or platinum jewellery and chains, from any place in India to the said complex with the gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery or the chain as the case may be, permitted subject to such conditions as may be prescribed by the Assistant Commissioner of Customs." (b)in the opening paragraph for condition (xiv), the Table below the said condition and the Explanation to said Table, the following condition, Table and Explanation shall be substituted, namely:- "(xiv) the Assistant Commissioner of Customs may allow, subject to fulfillment of such conditions as he may specify, the percentage of wastage of gold or platinum specified in column (2) of the Table given below or percentage of wastage of silver as specified in column (3) of the said Table, during the manufacture of jewellery of description specified in the corresponding entry in column (1) of the said Table. TABLE ------------------------------------------------------------------------------------------------ Description of jewellery Percentage of wastage percentage of of Gold or Platinum wastage of Silver ------------------------------------------------------------------------------------------------ (1) (2) (3) ------------------------------------------------------------------------------------------------ a. Plain jewellery and 3.5% 4.5% articles thereof unstudded b. Studded jewellery and 9.0% 10% articles thereof c. Mountings and findings 3.5% 4.5% used in the plain jewellery d. Mounting and findings 3.5% 4.5% used in the studded jewellery e. Chain manufactured by 1.25% 1.25% a fully mechanised process and unstudded ------------------------------------------------------------------------------------------------ "Explanation": (a) The wastage for mounting and findings is admissible only when such mountings and findings are manufactured from imported gold and are exported as such. (b) The percentage of wastage shall be calculated with reference to the total quantity of gold or silver, imported or issued for manufacture of the jewellery. (c) The wastage shall be allowed for the jewellery procured under para 8.34 of the Export and Import Policy". (c) in opening paragraph, in condition (vi)for clause (b), the following clauses shall be substituted, namely:- "(b) Permit supply of unsuitable or broken cut and polished diamonds, precious and semi-precious stones or rough diamonds upto 5% of value of import or indigenously procured goods to the Domestic Tariff Area against the valid REP or GEM REP or Diamond Imprest Licences as applicable on payment of appropriate duty. (c) Permit with the approval of Gem and Jewellery Export Promotion Council, personal carriage of precious metals jewellery or precious or semi precious stones or beads as samples upto US 1,00,000 for export promotion tours and temporary display abroad subject to the condition that the exporter would bring back the jewellery or its sale proceeds within 45 days from the date of its clearance; (d) Permit export of jewellery including branded, jewellery for display and sale in the permanent shops set up abroad, provided that such items not sold abroad within 180 days, shall be re- imported within next 45 days". (d) In paragraph 2, for the words, "Minerals and Metals Trading Corporation of India Limited, the Handicraft and Handloom Export Corporation, the State Trading Corporation, the State Bank of India and any agency authorised by the Reserve Bank of India" the words, "Metals and Minerals Trading Corporation Limited, Handicraft and Handloom Export Corporation, State Trading Corporation, the Projects and Equipment of India Limited and any agency authorised by Reserve Bank of India" shall be substituted (e) in paragraph 2, after proviso, the following proviso shall be inserted; "Provided further that in the event of the Gem and Jewellery units to whom the gold or silver has been supplied, fails to export the jewellery made out of such gold or silver within the time specified in the Export and Import Policy under the respective Scheme, the nominated agencies shall deposit duty on the quantity of the gold or silver not contained in the jewellery exported at the rate of duty of Customs leviable on the gold or silver, as the case may be, as provided in the notification No. 80/97- Customs, dated the 21st October, 1997 within seven days of the expiry of the period within the said jewellery manufactured out of the said gold or silver was supposed to be exported." 3. Notification No. 177/94 In the said notification: Customs dated the 21st (a) in the opening paragraph in the October, 1994 condition (7) for clause (iii), the following clauses shall be substituted, namely:- "(iii) Permit supply of unsuitable or broken cut and polished diamonds, precious and semi-precious stones or rough diamonds upto 5% of value of import or indigenously procured goods to the Domestic Tariff Area against the valid REP or GEM REP or Diamond Imprest Licence as applicable on payment of appropriate duty. (iv) Permit with the approval of Gem and Jewellery Export Promotion Council, personal carriage of precious metals jewellery or precious or semi precious stones or beads as samples upto US $ 1,00,000 for export promotion tours and temporary display abroad subject to the condition that the exporter would bring back the jewellery or its sale proceeds within 45 days from the date of its clearance; (v) Permit export of jewellery including branded, jewellery for display and sale in the permanent shops set up abroad, provided that such items not sold abroad within 180 days, shall be re-imported within next 45 days". (b) in opening paragraph in condition (8) for the second and third provisoes, the followings provisoes shall respectively be substituted, namely:- Provided also that exchange of machine-made gold or silver or platinum and chains, from any place in India to the said complex with the gold of silver or platinum of the same purity and quantity in weight as that of gold or silver of platinum jewellery or the chain, as the case may be prescribed by the Assistant Commissioner of Customs." "Provided further that jewellery upto 10% of the value of export by the unit in the preceding year, may be allowed clearance into Domestic Tariff Area by the Development Commissioner in consultation with the Assistant Commissioner of Customs, on payment of applicable duties; (c) in the opening paragraph for condition (10), the Table below the said condition and the explanation to the said and Explanation shall be substituted, namely:- (10) the Assistant Commissioner of Customs may allow, subject to fulfillment of such conditions as he may specify, the percentage of wastage of gold or platinum specified in column (2) of the Table given below or percentage of wastage of silver as specified in column (3) of the said Table, during the manufacture of jewellery of description specified in the corresponding entry in column (1) of the said Table. TABLE ------------------------------------------------------------------------------------------------ Description of percentage of wastage percentage of Jewellery of Gold or Platinum wastage of Silver ------------------------------------------------------------------------------------------------ (1) (2) (3) ------------------------------------------------------------------------------------------------ a. Plain jewellery and 3.5% 4.5% articles thereof unstudded b. Studded jewellery and 9.0% 10% articles thereof c. Mountings and findings 3.5% 4.5% used in the plain jewellery d. Mounting and findings 3.5% 4.5% used in the studded jewellery e. Chain manufactured by 1.25% 1.25% a fully mechanised process and unstudded ------------------------------------------------------------------------------------------------ "Explanation": (a) The wastage for mounting and findings is admissible only when such mountings and findings are manufactured from imported gold and are exported as such. (b) The percentage of wastage shall be calculated with reference to the total quantity of gold or silver, imported or issued for manufacture of the jewellery. (c) No wastage shall be allowed for the jewellery procured under para 8.34 of the Export and Import Policy". (d) In paragraph 2, for the words, "Minerals and Metals Trading Corporation of India Limited, the Handicraft and Handloom Export Corporation, the State Trading Corporation, the State Bank of India and any agency authorised by the Reserve Bank of India" the words, "Metals and Minerals Trading Corporation Limited, Handicraft and Handloom Export Corporation, State Trading Corporation, the Projects and Equipment of India Limited and any agency authorised by Reserve Bank of India" shall be substituted; e) in paragraph 2, after proviso, the following proviso shall be inserted; "Provided further that in the event of the Gem and Jewellery units to whom the gold or silver has been supplied, fails to export the jewellery made out of such gold or silver within the time specified in the Export and Import Policy under the respective Scheme, the nominated agencies shall deposit duty on the quantity of the gold or silver not contained in the jewellery exported at the rate of duty of Customs leviable on the gold or silver, as the case may be, as provided in the notification No. 80/97-Customs, dated the 21st October, 1997 within seven days of the expiry of the period within the said jewellery manufactured out of the said gold or silver was supposed to be exported."