Exemption to specified goods brought into a 100% export-oriented undertaking - 57/94 - Central Excise - Tariff

Exemption to specified goods brought into a 100% export-oriented undertaking Notification No. 57/94-C.E. Dated 1-3-1994 In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excises and Salt Act, 1944 (1 of 1944), read with sub-section (3) of section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts excisable goods specified in the Table hereto annexed (hereinafter referred to as the said goods) when brought in connection with the manufacture and packaging of articles into a hundred per cent export oriented undertaking from the whole of - (i) the duty of excise leviable thereon under section 3 of the Central Excises and Salt Act, 1944 (1 of 1944); and (ii) the additional duty of excise leviable thereon under sub-section (1) of section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), subject to the following conditions, namely :- (a) the undertaking is approved by the Board of Approval for hundred per cent export oriented undertaking appointed by the Central Government in exercise of the powers conferred by section 14 of the Industries (Development and Regulation) Act, 1951 (65 of 1951) and the rules made under that Act (hereinafter referred to as the Board); (b) the said goods are brought directly to the undertaking from the factory of production and are used in connection with the manufacture and packaging of goods meant solely for export; (c) such undertaking exports out of India hundred per cent or such other percentage as may be fixed by the Board, of articles manufactured wholly or partly from the said goods for the period stipulated by the Board or such extended period as may be specified by the Board; (d) on clearance of the excisable articles produced or manufactured and allowed to be sold in India, such undertaking shall pay duty of excise leviable on such articles in terms of section 3 of the said Central Excises and Salt Act; (e) the manufacturer of the said goods follows the procedure contained in rules 156A and 156B of the Central Excise Rules, 1944 (hereinafter referred to as the said rules) as modified by rule 173N of the said rules; (f) the undertaking follows the procedure contained in Chapter X of the said rules with the modification that a certificate in form C.T. 3 as annexed to this notification shall be used by the central excise officer in charge of the undertaking in place of a certificate in form C.T. 2 prescribed under the said rules; (g) on the clearance of capital goods, material handling equipments, office equipments, captive power plants or, as the case may be, captive generating sets as may be allowed by the Board, such undertaking shall pay excise duty on depreciated value and at the rate in force at the time of clearance. (h) on the clearance of goods other than those specified in condition (g) as may be allowed by the Board, such undertaking shall pay excise duty on the full value at the time of their clearance from the factory of manufacture and at rates in force on the date of payment of such excise duty. Explanation. - The depreciation shall be allowed for the period commencing from the date of commercial production by the Undertaking or the date of receipt of the goods specified in the condition (g) above, in the Undertaking, whichever is later, till the date of payment of duty. TABLE Sl. No. Description of goods (1) (2) 1. Capital goods. 2. Raw Materials. 3. Components. 4. Spares of capital goods and material handling equipments, namely, forklifts, over-head cranes, mobile cranes, crawler cranes, hoists and stackers. 5. Consumables required for manufacture of goods. 6. Material handling equipments, namely, fork-lifts, over-head cranes, mobile cranes, crawler cranes, hoists and stackers. 7. Sample/Prototypes, not exceeding two in number of each type of articles covered by the manufacturing activity. 8. Drawing, blue prints, technical maps and charts, relating to the manufacturing activity. 9. Packaging Materials. 10. Office equipments to such extent as may be allowed by the Board. 11. Captive power plants, including captive generating sets and their spares, fuel, lubricants and other consumables for such plants and sets as recommended by the Board. 12. Tools, jigs, gauges, fixtures, moulds, dies, instruments and accessories. ANNEXURE Date.................. No.................. FORM C.T. 3 Certificate for removal of excisable goods under bond This is to certify that: (1) Mr./Messrs. …………………………………………………… (Name and address) is/are bona fide licensee holding licence No. ………………... Valid upto ……………... (2) That he/they has/have executed a bond in Form B-16 (General Surety/General Security). No. ……………… date ………… for Rs. ………………… with the Assistant Collector of Central Excise …………………………. and as such may be permitted to remove …………… (quantity) of ………………….. (excisable goods) from the unit at …………………………………….. to their undertaking ………………... at ……………………… (3) That the specimen signatures of his/their authorised agent namely Shri …………………………. are furnished herebelow duly attested ; Specimen Signatures of the owner or his authorised agent Sd/ Attested Central Excise Officer in-charge of the 100% Export-oriented Undertaking.