Excise Zero Duty Credit Scrip
[Central Excise Notification No. 02 dated 18th
February 2013]
In
exercise of the powers conferred by sub-section (1) of section 5A of the
Central Excise 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) and sub-section (3) of section 3 of the Additional Duties of Excise (Textiles
and Textile Articles) Act, 1978 (40 of 1978), the Central Government, on being
satisfied that it is necessary in the public interest so to do, hereby exempts
the goods specified in the First Schedule and the Second Schedule to the
Central Excise Tariff Act, 1985 (5 of 1986), when cleared against a Post
Export EPCG duty credit scrip (0% EPCG variant) issued by the Regional
Authority in accordance with paragraph 5.11 under Chapter 5 {Export Promotion
Capital Goods (EPCG) Scheme} of the Foreign Trade Policy which provides for
duty remission in proportion to export obligation fulfilled (hereinafter
referred to as the said scrip) from,-
(i) the
whole of the duty of excise leviable thereon under
the First Schedule and the Second Schedule to the Central Excise Tariff Act,
1985 (5 of 1986);
(ii) the whole of the additional duty of excise
leviable thereon under section 3 of the Additional
Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957); and
(iii) the whole of the additional duty of excise
leviable thereon under section 3 of the Additional
Duties of Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978).
2. The exemption shall be subject
to the following conditions, namely:-
(a) that the conditions (1) to (14) specified in paragraph
2 of the Notification No. 05/2013 – Customs, dated the 18th
February, 2013 are complied and the said scrip has
been registered by the Customs authority at the specified port of registration
(hereinafter referred as the said Customs authority);
(b) that the holder of the scrip, who may either
be the person to whom the scrip was originally issued or a transferee-holder,
presents the said scrip to the said Customs authority along with a letter or proforma invoice from the supplier or manufacturer indicating
details of its jurisdictional Central Excise Officer (hereinafter referred as
the said Officer) and the description, quantity, value of the goods to be
cleared and the duties leviable thereon, but for this
exemption;
(c) that the said Customs authority, taking into
account the debits already made towards imports under Notification No.
05/2013-Customs, dated the 18th February, 2013 and this exemption,
debits the duties leviable, but for this exemption in
or on the reverse of the said scrip and also mentions the necessary details
thereon, updates its own records and sends written advice of these actions to
the said Officer;
(a) that the validity
of the said scrip shall be eighteen months from the date of issue and the said
scrip shall be valid on the date on which the above debit of duty is made;
(b) that at the time of clearance, the holder of
the scrip presents the said scrip debited by the said Customs authority to the
said Officer along with an undertaking addressed to the said Officer that in
case of any amount short debited in the said scrip he shall pay on demand an
amount equal to the short debit, along with applicable interest;
(c) that based on the said written advice and
undertaking, the said Officer endorses the clearance particulars and validates,
on the reverse of the said scrip, the details of the duties leviable,
but for this exemption, which were debited by the said Customs authority, and
keeps a record of such clearances;
(d) that the manufacturer retains a copy of the
said scrip, debited by the said Customs authority and endorsed by the said
Officer and duly attested by the holder of the scrip, in support of the
clearance under this notification;
(e) that the benefits under this notification
shall not be available to clear the items listed in Appendix 37B of the
Handbook of Procedures, Volume 1;
(f) that the benefits under this notification
shall not be available to goods or items, the imports of which are not
permitted against the said scrip; and
(g) that the said holder of the scrip, to whom
the goods were cleared, shall be entitled to avail the drawback or CENVAT
credit of the duties of excise leviable under the
First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985
(5 of 1986), section 3 of the Additional Duties of Excise (Goods of Special
Importance) Act, 1957 (58 of 1957) and section 3 of the Additional Duties of
Excise (Textiles and Textile Articles) Act, 1978 (40 of 1978), against the
amount debited in the said scrip and validated at the time of clearance.
Explanation - For the purposes of this notification,-
(A)
Export obligation” shall
have the same meaning as specified in Notification No. 05/2013- Customs, dated the 18th
February, 2013;
(B)
“Foreign Trade Policy” means the Foreign Trade
Policy, 2009-2014, published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (ii) vide notification of the Government of India
in the Ministry of Commerce and Industry, No.1 (RE – 2012) /2009-2014, dated
the 5th June 2012, as amended from time to time;
(C)
“Handbook of Procedures,
Volume 1” means the Handbook of Procedures Volume 1, 2009-14, published in the
Gazette of India, Extraordinary, Part I, Section 1 vide public notice of
the Government of India in the Ministry of Commerce and Industry, Department of
Commerce, No.01 (RE - 2012)/2009-2014, dated the 5th June, 2012, as
amended from time to time;
(D)
“Regional Authority”
means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorised by him to grant an authorisation, including a duty credit scrip
under the said Act.
[F. No.
605/12/2012-DBK (Pt)]