S. No. |
Notification No. and Date |
Amendment |
(1) |
(2) |
(3) |
1. |
103/93-Central Excise,
dated the 27th December, 1993 |
In the said notification,-
(i)
for the words and figures " Export and Import Policy, 1 April,
1997-31 March, 2002,", the words "Export and Import Policy"
shall be substituted;
(ii)
for the Explanation, the following Explanation shall be substituted;
‘Explanation.-
For the purposes of this notification, "Export and Import
Policy" means Export and Import Policy, 1st April, 2002
- 31st March, 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.’.
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2.
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126/94- Central Excise,
dated the 2nd September, 1994.
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In the said notification,-
(a) in paragraph 1,-
(i) clause
(e) shall be omitted;
(ii) in condition
(5), for the figures "20%", the words "fifteen per
cent." shall be substituted;
(iii) for conditions (7)
and (8), the following conditions shall be substituted, namely:-
"(7) the
manufacturer of the said goods follows the procedures contained in
rules 11 and 20 of the Central Excise Rules, 2002;
(8) the user industry
of the said goods follows the procedure contained in the Central
Excise (Removal of Goods at Concessional Rate of Duty for Manufacture
of Excisable Goods) Rules, 2001, with the modification that a
certificate in Form CT-3 annexed to this notification as Annexure-III
shall be used by the Central Excise officer in charge of the user
industry in place of an application in the Form at Annexure-I provided
in the said rules;";
(b) in paragraph 2, -
(i) in clause
(b), the words "or to a unit in another zone or a hundred per cent
export oriented undertaking" shall be omitted;
(ii) after clause
(b), the following clauses shall be inserted, namely:-
"(c) permit the
goods manufactured or produced in the unit to be supplied or
transferred from a unit in the zone to a unit in another zone, special
economic zone, Software Technology Park, Electronics Hardware
Technology Park or a hundred per cent export oriented undertaking for
the purposes specified in clauses (a) to (c) of paragraph 1.
(d) permit the capital
goods to be supplied or transferred from a unit in the zone to a unit
in another zone, special economic zone, Software Technology Park,
Electronics Hardware Technology Park or a hundred per cent export
oriented undertaking the purpose of manufacture and export or for the
use within the unit.";
(c) in paragraph 3, for the
Explanation, the following Explanation shall be substituted, namely:-
‘Explanation.- For
the purposes of this notification, "Export and Import
Policy" means the Export and Import Policy, 1st
April, 2002 - 31st March, 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.’;
(d) in paragraph 5, for the
word and figures "paragraph 9.10", the word and figures
"paragraph 6.9" shall be substituted;
(e) in Annexure-I,-
(i)
against Sl. No. 2A, under column "Description of Goods", in
the entry, for the words "air conditioners", the words
"air-conditioning system" shall be substituted;
(ii) against
Sl. No. 4, under column "Description of Goods", in the entry,
for the words "spares and consumables thereof", the words
" computer, laptop, server, spares and consumables thereof"
shall be substituted;
(iii) for
Sl.No.10 and entries relating thereto, the following Sl. No. and entries
shall be substituted, namely:-
" 10. A prototype
or a technical sample for each of the existing products for the
purpose of product diversification, development or evaluation.".
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3. |
136/94-Central Excise,
dated the 10th November, 1994. |
In the said notification,-
-
in condition (ba),-
(i)
for the portion beginning with the words "Export and Import
Policy" and ending with the brackets and words "(hereinafter
referred to as the Export and Import Policy)", the words
"Export and Import Policy" shall be substituted;
(ii)
for the figures "20%", the words "fifteen per cent."
Shall be substituted;
(iii)
after sub-condition (iv), the following Explanation shall be added,
namely:-
‘Explanation.- For
the purposes of this notification "Export and Import Policy"
means the Export and Import Policy, 1st April, 2002 - 31st
March, 2007, published by the Government of India in the Ministry of
Commerce & Industry vide notification No.1/2002-07, dated
31st March, 2002, as amended from time to time.’
(b) for conditions (e) and
(f), the following conditions shall be substituted, namely:-
"(e) the
manufacturer of the said goods follows the procedure contained in rules
11 and 20 of the Central Excise Rules, 2002;
(f) the undertaking
follows the procedure contained in the Central Excise (Removal of Goods
at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules,
2001, with the modification that a certificate in Form CT-3 annexed to
this notification as Annexure-III shall be used by the Central Excise
officer in charge of the user industry in place of an application in the
form at Annexure-I provided in the said Rules".
(c) after condition (i),
the following condition shall be inserted, namely:-
" (j)
Notwithstanding anything contained in this notification, the Assistant
Commissioner of Customs or Central Excise or Deputy Commissioner, of
Customs, or Central excise, as the case may be, may permit the goods
specified against Item number 4 and Item numbers 14 to 21 of the
Annexure-I to be taken out to the fields or farms of contract farmers of
the unit for production or in connection therewith; and to bring back
the produce to the unit for exports, in accordance with provisions of
Export and Import Policy and Handbook of Procedures Volume I and subject
to the following conditions:
(i)
the unit shall produce an agreement between the unit and contract
farmer(s) to the Assistant Commissioner of Customs or Central Excise or
Deputy Commissioner of, Customs or Central Excise, as the case may be;
(ii)
the fields/ farms of the contract farmers shall be located within the
jurisdiction of the same Commissioner of Customs or Central Excise, as
the case may be, as that of the unit;
(iii)
in case of units, which has been in existence for at least two years and
engaged in export of agriculture or horticulture products, supply of
inputs and other equipment to the fields/ farms of the contract farmers
shall be allowed to the unit on furnishing a bank guarantee equal to the
50 per cent. of the duty forgone on the goods so transferred to the
fields or farms of the contract farmers;
(iv)
in case of units other than those mentioned in the clause (iii) above,
the unit shall be required to furnish a bank guarantee equal to the
total duty forgone on the goods so transferred to the fields or farms of
contract farmers;
(v)
prior to import of the goods, the unit shall apply to the Assistant
Commissioner of Customs or Central Excise or Deputy Commissioner of
Customs or Central Excise, as the case may be, giving the details, such
as, number of contact farmers and location of their farms, measurement
of the farms or fields under contact farming, input-output norms of
production as fixed by Directorate General of Foreign Trade and their
projected requirements and after examination of the such projected
requirement, the Assistant Commissioner of Customs or Central Excise or
Deputy Commissioner of Customs or Central Excise, as the case may be,
would give permission for the import or procurement of the same on
annual basis.
(vi)
the unit shall be required to have a premise(s) duly bonded under
section 58 of the said Customs Act, for storage, of imported or
domestically procured inputs and capital equipment and, of final
products manufactured or produced therefrom;
(vii)
in case of failure of the unit to bring back the agriculture or
horticulture produce so produced in the fields/ farms of contract
farmers to the unit, as per the norms notified by the Directorate
General of Foreign Trade, within the same season or such extended period
as may be permitted by the Commissioner of Customs or Central Excise, as
the case may be, due to any reason including natural calamity or loss of
crop, the unit shall be required to pay the duty equal to the duty
forgone on the inputs so taken out to the fields or farms of the
contract farmers;
(viii) in respect of
equipment specified at Item numbers 14 to 20 and transferred to the
fields or farms of the contract farmers, at any point of time as may be
decided by the Assistant Commissioner of Customs or Central Excise or
Deputy Commissioner of, Customs or Central Excise, as the case may be,
the unit shall be required to account for the goods so transferred to
the fields or farms of the contact farmers.
(ix) in case of non-accountal
of goods so transferred or use of the goods in farms or fields other
than those declared to the Assistant Commissioner of Customs or Central
Excise or Deputy Commissioner of Customs or Central Excise, as the case
may be, the unit shall pay duty forgone on such un-accounted goods along
with the interest at the rate of twenty percent. per annum within 10
days of receipt of demand notice, and in case of failure to pay the
same, the Assistant Commissioner of, Customs or Central Excise or Deputy
Commissioner of, Customs or Central Excise, as the case may be, may
en-cash the bank guarantee and disallow the duty free imports/
procurement under the notification;";
(d) In Annexure-I, after
Item number 13 and the entries relating thereto, the following Item
numbers and entries shall be inserted, namely:-
"14. Filters
15. Dripliers, Driplines
and Drip Fittings
16. Micro Sprinklers and
Misters
17. Agriculture
Sprinklers
18. Fertilizer Tanks
19. Valves
20.Fertilizer Pumps and
Chemical Injections
21. Seeds ".
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4. |
1/95-Central Excise, dated
the 4th January, 1995. |
In the said notification,-
(a) in
paragraph 1,-
(i) for
clause (a), the following clause shall be substituted, namely:-
" (a) the
manufacture and packaging of articles, or for production or packaging
or job work for export of goods or services out of India into hundred
percent. export oriented undertaking ( hereinafter referred to as the
user industry); or";
(ii) in condition (d),
for the figures "20%", the words "fifteen per cent."
shall be substituted;
(iii) for conditions (f)
and (g), the following conditions shall be substituted, namely:-
"(f) the
manufacturer of the said goods follows the procedure contained in rule
11 and 20 of the Central Excise Rules, 2002;
(g) the user industry
follows the procedure contained in the Central Excise (Removal of
Goods at Concessional Rate of Duty for Manufacture of Excisable Goods)
Rules, 2001, with the modification that a certificate in Form CT-3
annexed to this notification as Annexure-II shall be used by the
Central Excise officer in charge of the user industry in place of an
application in the Form at Annexure-I provided in the said
rules";
(b) in
paragraph 2,-
(i)
clause (b) shall be omitted;
(ii)
after clause (c), the following clauses shall be inserted, namely:-
"(d) permit the
goods manufactured, produced or packaged to be supplied or transferred
from user-industry to another unit in a free trade zone or special
economic zone or a hundred per cent export oriented undertaking or an
Electronic Hardware Technology Park (EHTP) or Software Technology
Parks(STP) unit, as the case may be, for any of the purposes as
specified in clauses (a) to (c) of the first paragraph or for export;
(e)
permit the capital goods to be supplied or transferred from
user-industry to another unit in the free trade zone or special
economic zone or a hundred per cent export oriented undertaking or an
Electronic Hardware Technology Park (EHTP) or Software Technology
Parks (STP) unit, as the case may be, for use within the unit.";
(c) in
paragraph 3, for Explanation, the following Explanation shall be
substituted, namely:-
‘Explanation.- For the
purposes of this notification, "Export and Import Policy"
means the Export and Import Policy, 1st April, 2002 - 31st
March, 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.’;
(d) in
paragraph 5, for the word and figures "paragraph 9.10", the word
and figures "paragraph 6.9" shall be substituted;
(e) in
paragraph 7, for the words, figures and letters, " dated the 10th
November, 1994", the following words, figures and letters shall be
substituted, namely:-
" dated the 10th
November, 1994 or to a service providing undertakings which does not
export services out of India";
(f) in
Annexure-I,-
(i)
against Item number 2A, in the entry, for the words "air
conditioners", the words "air-conditioning system" shall
be substituted;
(ii)
against Item number 4, in the entry, for the words "spares and
consumables thereof", the words "computer, laptop, server,
spares and consumables thereof" shall be substituted;
(iii)
for Item number 10 and the entries relating thereto, the following Item
number and entry shall be substituted, namely:-
"10. A prototype
or a technical sample for each of the existing products for the
purpose of product diversification, development or evaluation"
shall be substituted.".
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5. |
2/95-Central Excise, dated
the 4th January, 1995. |
In the said notification,-
(a) in
paragraph 1, for the words, brackets, letters and figures
"sub-paragraphs (a), (b), (c), (d) and (h) of paragraph 9.9 or of
paragraph 9.20 of the Export and Import and Policy, 1 April, 1997- 31
March, 2002", the words, brackets, letters and figures,
"sub-paragraphs (a), (b), (d) and (h) of paragraph 6.8 of the Export
and Import Policy" shall be substituted;
(b) in the
third proviso,-
(i) in clause
(a), the figures and words "1 April, 1997 - 31 March, 2002"
shall be omitted;
(ii) in clause (b),
for the words and figures "the total value of such goods being
cleared under paragraphs 9.9 and 9.20 of the Export and Import Policy, 1
April,1997 -31 March, 2002", the following words and figures shall
be substituted, namely:-
" the total value
of such goods being cleared under paragraph 6.8 of the Export and
Import Policy";
(iii) in clause (c), for
the words and figures "paragraph 9.10 of the Export and Import
Policy, 1 April, 1997 - 31 March, 2002", the words and figures
"paragraph 6.9 of the Export and Import Policy" shall be
substituted;
( c) in
the fourth proviso, for the words, figures, brackets and letters
"paragraphs 9.9(b) and 9.9(h)", the words, figures, brackets and
letters "paragraphs 6.8(b) and 6.8 (h)" shall be substituted;
(d) in
the fifth proviso, for the word, figures, brackets and letter
"paragraph 9.9(a)", the word, figure, brackets and letter
"paragraph 6.8(a)" shall be substituted;
(e) in
the Explanation, for clause (1), the following clause shall be
substituted, namely:-
‘(1) "Export and
Import Policy" means the Export and Import Policy, 1st
April, 2002 - 31st March, 2007 published by the Government of
India in the Ministry of Commerce and Industry notification
No.1/2002-07, dated 31st March, 2002, as amended from time to
time.’.
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6. |
10/95-Central Excise, dated
the 23rd February, 1995 |
In the said notification,
in paragraph 1,-
(i) in the
condition (2A),-
(a) for the
portion beginning with the words "Export and Import Policy"
and ending with the brackets and words "(hereinafter referred to as
the Export and Import Policy)", the words "Export and Import
Policy" shall be substituted;
(b) for the
figures "20%", the words "fifteen per cent." Shall
be substituted;
(ii) after
condition (2A), the following Explanation shall be inserted, namely:-
‘Explanation.- For the
purposes of this notification, "Export and Import Policy"
means the Export and Import Policy, 1st April, 2002 - 31st
March, 2007, published by the Government of India in the Ministry of
Commerce and Industry notification No.1/2002-07, dated 31st
March, 2002, as amended from time to time.’;
(iii) for
conditions (7)and (8), the following conditions shall be substituted,
namely:-
"(7) the
manufacturer of the said goods follows the procedures contained in rules
11 and 20 of the Central Excise Rules, 2002;
(8) the undertaking
follows the procedure contained in the Central Excise (Removal of Goods
at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules,
2001, with the modification that a certificate in Form CT-3 annexed to
this notification as Annexure-III shall be used by the Central Excise
officer in charge of the user industry in place of an application in the
Form at Annexure-I provided in the said rules;".
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7. |
8/97-Central Excise, dated
the 1st March, 1997. |
In the said notification,
for the portion beginning with the words "in accordance with the
provisions" and ending with the figures, letters and words "1st
April, 1997-31st March, 2002,", the words, brackets,
letters and figures "in accordance with the provisions of
sub-paragraphs (a), (b), (d) and (h) of paragraph 6.8 of the Export and
Import Policy, 1st April, 2002 – 31st March,
2007," shall be substituted. |
8. |
20/97-Central Excise, dated
the 11th April, 1997. |
In the said notification,-
(a) for the
portion beginning with the words "in accordance with the
provisions" and ending with the figures, letter and words "1st
April, 1997-31st March, 2002", the words, figures,
brackets and letters "in accordance with the provisions of paragraphs
6.8(c) of the Export and Import Policy, 1st April, 2002 - 31st
March, 2007, as amended from time to time," shall be substituted;
(b) in the
Table, S. No. 3 and entries relating thereto shall be omitted. |
9. |
13/98-Central Excise, dated
the 2nd June, 1998. |
In the said notification,
for condition (b), the following condition shall be substituted, namely:-
"(b)
the finished products, rejects, waste or scrap and by-product allowed to
be sold in India under and in accordance with the provisions of
sub-paragraphs (a), (b), (d) and (h) of paragraph 6.8 of the Export and
Import Policy, 1st April, 2002 - 31st March, 2007,
published by the Government of India in the Ministry of Commerce and
Industry vide notification No.1/2002-07, dated the 31st
March, 2007, as amended from time to time.".
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10. |
37/2000-Central Excise,
dated the 8th May, 2000. |
In the said notification,-
(A) in paragraph 1, -
(a) in condition (4), in
clause (c), for the figures "20%", the words "fifteen per
cent." Shall be substituted;
(b) for conditions (6)
and (7), the following conditions shall be substituted, namely:-
"(6) the
manufacturer of the said goods follows the procedures contained in
rules 11 and 20 of the Central Excise Rules, 2002;
(7) the manufacturer of
the said goods follows the procedure contained in the Central Excise
(Removal of Goods at Concessional Rate of Duty for Manufacture of
Excisable Goods) Rules, 2001, with the modification that a certificate
in Form CT-3 annexed to this notification as Annexure-III shall be
used by the Central Excise officer in charge of the user industry in
place of an application in the Form at Annexure-I provided in the said
rules".
(B) for the ‘Note’, the
following Note shall be substituted, namely:-
"Note:- For the
purposes of this notification, "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 the 31st March, 2007, as amended from
time to time,".
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11. |
52/2000-Central Excise,
dated the 19th October, 2000. |
In the said notification,-
(A) in Paragraph 1,-
(a) in condition (3), in
clause (iii),-
(i)
for the letters, brackets, words and figures "NFEP (Net Foreign
Exchange Earning as a Percentage of Exports) as provided in paragraph
9.32", the letters, brackets, words and figures "NFE (Net
Foreign Exchange Earning) as provided in paragraph 7.4" shall be
substituted;
(ii)
in sub-clause (a),-
(I) for
the expression ‘NFEP’, wherever it occurs, the expression ‘NFE’
shall be substituted;
(II) for the figures
"24%", the words "fifteen per cent." shall be
substituted;
(iii) in sub-clause
(b), for the figures "24%", the words "fifteen per
cent." shall be substituted;
(b) for condition 5, the
following condition shall be substituted, namely:-
"(5) the unit
follows the procedure contained in the Central Excise (Removal of
Goods at Concessional Rate of Duty for Manufacture of Excisable Goods)
Rules, 2001, with the modification that a certificate in Form CT-3
annexed to this notification as Annexure-III shall be used by the
Central Excise officer in charge of the user industry in place of an
application in the Form at Annexure-I provided in the said
rules".
(c) in condition 6,-
(i)
in clause (i), sub-clause (b) shall be omitted;
(ii) in
clause (ii), for the first proviso, the following shall be
substituted, namely: -
"Provided that
in case of export from jobworker’s premises, such job worker shall
be Central Excise registrant under rule 9 of the Central Excise
Rules, 2002";
(iii) after clause
(iii), the following clauses shall be added, namely:-
"(iv) permit the
said goods or goods manufactured, produced, processed, partially
processed or packaged in the said unit to be taken to another unit in
the same zone without payment of duty for the purposes of manufacture
and export therefrom, subject to maintenance of proper accounts by the
both receiving and supplying units.
(v) permit the goods
manufactured, produced or packaged in the unit or capital goods
produced by the unit to be transferred or supplied to another unit in
Export Processing Zone or Special Economic Zone or Electronic Hardware
Technology Park or Software Technology Park or hundred per cent.
export oriented unit for the purposes of manufacture and export
therefrom or for use within the unit.";
(d) in condition (7), in
clause (ii), for the words " purity and quantity in weight as that
of", the words " quantity in weight as that of contained
in" shall be substituted;
(B) in
paragraph 2, in Explanation, for the expression "NFEP", the
expression "NFE" shall be substituted;
(C) in
paragraph 3, in second proviso, for the expression "NFEP", the
expression "NFE" shall be substituted;
(D) after
paragraph 5, the following paragraph shall be inserted, namely:-
"6. Nothing
contained in this notification shall be applicable to a service
providing unit which does not export services out of India.";
(E) in
the Explanation,-
(i)
for clause (a), the following clause shall be substituted, namely:-
‘(a) "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)
for clause (e), the following clause shall be substituted, namely:-
‘(e) "Handbook
of Procedures, Volume I" 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,";
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12. |
28/2001-Central Excise,
dated the 16th May, 2001 |
In the said notification,-
(a) in
clauses (a) and (b), 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" shall
respectively be substituted;
(b) in
Explanation, for clauses (i) and (ii), the following clauses shall be
substituted, namely:-
‘(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.".
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13. |
20/2002-Central Excise,
dated the 1st March, 2002. |
In the said notification,
for the portion beginning with the words 'in accordance with the
provisions' and ending with the words, "as amended from time to
time,", the following shall be substituted, namely:-
"in accordance with
the provisions of sub-paragraphs (a), (b) and (d) of paragraph 6.8 of
the Export and Import Policy, 1st April, 2002 - 31st
March, 2007 published by Government of India in the Ministry of Commerce
and Industry notification No. 1/2002-07, dated the 31st
March, 2007, as amended from time to time,".
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