NTF. NO. 82/1992-CE, DT. 27/08/1992

NTF. NO. 82/1992-CE, DT. 27/08/1992

100% EOU/FTZ Goods (Duty-Free Imp. Licences): Exempt

(This Ntf. 82/92-CE, has been supersessed vide
notification no. 28/2001-CE, dt. 16/05/2001)

(As amended by Notification No. 120/94-CE, Dt. 8-8-1994; 107/95-CE, Dt. 28-8-1995;
21/97-CE, Dt. 11-4-1997 and 3/98-CE, Dt.17-4-1998)
In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excises & Salt Act, 1944 (1 of 1944), 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 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) and cleared to a person holding a duty free import licence against an advance release order issued by the licensing authority in terms of paragraphs 7.15 or 7.17 of the Export and Import Policy or a back-to-back inland letter of credit issued by a bank in terms of paragraph 7.16 of the said Policy, as the case may be, for manufacturing goods for export, from the whole of the duty of excise leviable thereon under section 3 of the Central Excises Act, 1944 (1 of 1944), subject to the following conditions, namely:

1. the duty free licence holder produces the said advance release order specifying therein the quantity, description (including the technical specifications) and 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 the 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; and
   
   
2. the quantity and the value of each of the items are debited by the proper officer of Central Excise 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:

Provided that in the case of such clearance of the said goods against advance release order or, as the case may be, back-to-back inland letter of credit issued against duty free import licence, when such licence is issued on or after 1st April, 1995, the exemption contained in this notification shall be available only to that portion of duty of excise leviable thereon under section 3 of the Central Excises Act, 1944 (1 of 1944), 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 Customs Tariff Act, 1975 (51 of 1975).

Explanation : In this notification,

1. "Export and Import Policy" means the Export and Import Policy, 1 April 1997 - 31 March 2002, published by the Government of India under the Ministry of Commerce notification No. 1/1997-2002 dated 31 st March, 1997;
   
   
2. "Licensing authority" means an authority competent to grant a licence under the Import (Control) Order, 1955, made under the Imports and Exports (Control) Act, 1947 (18 of 1947).

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