Supply of replenishment goods by a Merchant Exporter to the supporting manufacturer- Clarification regarding

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..... s replenishment by a Merchant Exporter (Advance Licence Holder) for supply to his supporting manufacturer would amount to 'transfer' of goods within the meaning of the words in the prohibition of conditions (vi) of Notification No. 204/92. The Ministry of Law had advised that this may be decided in terms of the intentions of the Administrative Ministry. 3. Quantity Based Advance Licence (QABAL) envisage that if Modvat has been availed on materials used in the export of goods, the Advance Licence Holder shall not transfer/sell his licence or the material imported thereunder. The spirit of the Scheme and the intention of the wording is that the imported goods should be subject to actual user condition. Where the advance Licence holder is a .....

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..... g the cost of other materials (is other than these inputs sought for import under the Advance Licence) i.e. the cost of inputs specified in the Advance Licence is not included in the contract or the sale price paid to / agreed to between them then he would be legally bound to deliver the imported goods as replenishment for the inputs used in the manufacture of the export product.5. In the circumstances, the scope of the term 'transfer' would cover only cases where the restriction against sale of licence, or the sale of goods imported against the said licence is attempted to be circumvented by the Merchant Exporters by adoption the process of gifting or supplying to the supporting manufacturer in a way which would constitute a sale or a veil .....

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..... e relief nor in any way offend the spirit of the concession which was intended for subjecting the goods to actual user condition. 8. Prior to 1.4.94, the Exim Policy provided for the supporting manufacturer in the Scheme of advance licencing. Licences issued alongwith the DEEC Book should have contained the name of the supporting manufacturer. Hence, there should not be any difficulty in identifying the supporting manufacturer. Be sides, it is left to the Commissioners to satisfy themselves that the goods have already emanated from the supporting manufacturer by counter reference to documents like AR. 4 or other simile documents. However, w.e.f. 1.4.94, the Exim Policy allowed the option to the merchant Exporters not to give the name of t .....

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