Excise 3% Duty Credit Scrip
[Central Excise Notification No. 03 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 (3% 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. 06/2013 – 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. 06/2013-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;
(d)
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;
(e)
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;
(f)
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;
(g)
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;
(h)
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;
(i)
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
(j)
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. 06/2013- 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)]