CUS NTF 11/98-CUS DATED 27-4-1998
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act,
1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public
interest so to do, hereby directs that each of the notifications of the Government of India, in
the Ministry of Finance (Department of Revenue) Specified in column (2) of the Table here to
annexed shall be amended or further amended, as the case may be, in the manner specified in the
corresponding entry in column (3) of the said Table.
TABLE
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Sl.No. Notification No. Amendment
and Date
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(1) (2) (3)
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1. 3/88-Customs dated the In the said notification,-
14th January, 1998
(a) in opening paragraph in condition (xi),
for the second proviso, the following
provisoes shall be substituted namely:-
"Provided further that jewellery upto 10% of
the value of export by the unit in the
preceding year, may be allowed clearance into
Domestic Tariff Area by the Department
Commissioner in consultation with the
Assistant Commissioner of Customs, on payment
of applicable duties;
Provided also that exchange of machine-made
gold or silver or platinum jewellery and
chains, from any place in India to the said
complex with the gold or silver or platinum
of the same purity and quantity in weight as
that of gold or silver or platinum jewellery
or the chain, as the case may be, permitted
subject to such conditions as may be
prescribed by the Assistant Commissioner of
Customs".
(b) in the opening paragraph, for condition
(xiii), the Table below the said condition
and the Explanation to said Table, the
following condition Table and Explanation
shall be substituted namely
"(xiii) the Assistant Commissioner of Customs
may allow, subject to fulfillment of such
conditions as he may specify, the percentage
of wastage of gold or platinum specified in
column (2) of the Table given below or
percentage of wastage of silver as specified
in column (3) of the said Table, during the
manufacture of jewellery of description
specified in the corresponding entry in
column (1) of the said Table.
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TABLE
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Description of jewellery percentage of wastage percentage of
of Gold or Platinum wastage of Silver
----------------------------------------------------------------------------------------------
(1) (2) (3)
----------------------------------------------------------------------------------------------
a. Plain jewellery and 3.5% 4.5%
articles thereof
unstudded
b. Studded jewellery and 9.0% 10%
articles thereof
c. Mountings and findings 3.5% 4.5%
used in the plain
jewellery
d. Mounting and findings 3.5% 4.5%
used in the studded
jewellery
e. Chain manufactured by 1.25% 1.25%
a fully mechanised
process and
unstudded
----------------------------------------------------------------------------------------------
"Explanation":
(a) The wastage for mounting and findings is admissible only when such mountings and findings
are manufactured from imported gold and are exported as such.
(b) The percentage of wastage shall be calculated with reference to the total
quantity of gold or silver, imported or issued for manufacture of the jewellery.
(c) No wastage shall be allowed for the jewellery procured under para 8.34 of the
Export and Import Policy".
(c) In opening paragraph, in condition
(xviii) for clause (c), the following
clauses shall be substituted, namely:-
"(c) Permit supply of unsuitable or broken
cut and polished diamonds, precious and
semi-precious stones or rough diamonds upto
5% of value of import or indigenously
procured goods to the Domestic Tariff Area
against the valid REP or GEM REP or
Diamond Imprest Licences as applicable on
payment of appropriate duty.
(d) Permit with the approval of Gem and
Jewellery Export Promotion Council,
personal carriage of precious metals
jewellery or precious or semi precious
stones or beads as samples upto US 1,00,000
for export promotion tours and temporary
display abroad subject to the condition that
the exporter would bring back the jewellery
or its sale proceeds within 45 days from the
date of its clearance;
(e) Permit export of jewellery including
branded, jewellery for display and sale in
the permanent shops set up abroad, provided
that such items not sold abroad within 180
days, shall be re-imported within next 45
days".
(d) In paragraph 2, for the words,
"Minerals and Metals Trading Corporation of
India Limited, the Handicraft and Handloom
Export Corporation, the State Trading
Corporation, the State Bank of India and any
agency authorised by the Reserve Bank of
India" the words, "Metals and Minerals
Trading Corporation Limited, Handicraft and
Handloom Export Corporation, State Trading
Corporation, the Projects and Equipment of
India Limited and any agency authorised by
Reserve Bank of India" shall be
substituted;
(e) in paragraph 2, after proviso, the
following proviso shall be inserted;
"Provided further that in the event of the
Gem and Jewellery units to whom the gold or
silver has been supplied, fails to export the
jewellery made out of such gold or silver
within the time specified in the Export and
Import Policy under the respective Scheme,
the nominated agencies shall deposit duty on
the quantity of the gold or silver not
contained in the jewellery exported at the
rate of duty of Customs leviable on the gold
or silver, as the case may be, as provided
in the notification No. 80/97-Customs, dated
the 21st October, 1997 within seven days of
the expiry of the period within the said
jewellery manufactured out of the said gold
or silver was supposed to be exported."
2. 277/90-Customs dated the In the said notification.-
12th December, 1990 "(a) in the opening paragraph in condition
(xii), for the second proviso, the following
provisoes shall be substituted, namely:-
"Provided further that jewellery upto 10% of
the value of export by the unit in the
preceding year, may be allowed clearance into
Domestic Tariff Area by the Development
Commissioner in consultation with the
Assistant Commissioner of Customs, on payment
of applicable duties;
Provided also the exchange of machine-made
gold or silver or platinum jewellery and
chains, from any place in India to the said
complex with the gold or silver or platinum
of the same purity and quantity in weight as
that of gold or silver or platinum jewellery
or the chain as the case may be, permitted
subject to such conditions as may be
prescribed by the Assistant Commissioner of
Customs."
(b)in the opening paragraph for condition
(xiv), the Table below the said condition and
the Explanation to said Table, the following
condition, Table and Explanation shall be
substituted, namely:-
"(xiv) the Assistant Commissioner of Customs
may allow, subject to fulfillment of such
conditions as he may specify, the percentage
of wastage of gold or platinum specified in
column (2) of the Table given below or
percentage of wastage of silver as specified
in column (3) of the said Table, during the
manufacture of jewellery of description
specified in the corresponding entry in
column (1) of the said Table.
TABLE
------------------------------------------------------------------------------------------------
Description of jewellery Percentage of wastage percentage of
of Gold or Platinum wastage of Silver
------------------------------------------------------------------------------------------------
(1) (2) (3)
------------------------------------------------------------------------------------------------
a. Plain jewellery and 3.5% 4.5%
articles thereof
unstudded
b. Studded jewellery and 9.0% 10%
articles thereof
c. Mountings and findings 3.5% 4.5%
used in the plain
jewellery
d. Mounting and findings 3.5% 4.5%
used in the studded
jewellery
e. Chain manufactured by 1.25% 1.25%
a fully mechanised
process and
unstudded
------------------------------------------------------------------------------------------------
"Explanation":
(a) The wastage for mounting and findings is admissible only when such mountings
and findings are manufactured from imported gold and are exported as such.
(b) The percentage of wastage shall be calculated with reference to the total
quantity of gold or silver, imported or issued for manufacture of the jewellery.
(c) The wastage shall be allowed for the jewellery procured under para 8.34 of the
Export and Import Policy".
(c) in opening paragraph, in condition (vi)for
clause (b), the following clauses shall be
substituted, namely:-
"(b) Permit supply of unsuitable or broken cut and
polished diamonds, precious and semi-precious stones
or rough diamonds upto 5% of value of import or
indigenously procured goods to the Domestic Tariff
Area against the valid REP or GEM REP or Diamond
Imprest Licences as applicable on payment of
appropriate duty.
(c) Permit with the approval of Gem and Jewellery
Export Promotion Council, personal carriage of
precious metals jewellery or precious or semi
precious stones or beads as samples upto US
1,00,000 for export promotion tours and
temporary display abroad subject to the condition that
the exporter would bring back the jewellery or its sale
proceeds within 45 days from the date of its
clearance;
(d) Permit export of jewellery including
branded, jewellery for display and sale in the
permanent shops set up abroad, provided that such
items not sold abroad within 180 days, shall be re-
imported within next 45 days".
(d) In paragraph 2, for the words,
"Minerals and Metals Trading Corporation of India
Limited, the Handicraft and Handloom Export
Corporation, the State Trading Corporation, the
State Bank of India and any agency authorised by the
Reserve Bank of India" the words, "Metals and
Minerals Trading Corporation Limited, Handicraft and
Handloom Export Corporation, State Trading
Corporation, the Projects and Equipment of India
Limited and any agency authorised by Reserve Bank of
India" shall be substituted
(e) in paragraph 2, after proviso, the following
proviso shall be inserted;
"Provided further that in the event of the Gem and
Jewellery units to whom the gold or silver has been
supplied, fails to export the jewellery made out of
such gold or silver within the time specified in the
Export and Import Policy under the respective
Scheme, the nominated agencies shall deposit duty on
the quantity of the gold or silver not contained in
the jewellery exported at the rate of duty of
Customs leviable on the gold or silver, as the case
may be, as provided in the notification No. 80/97-
Customs, dated the 21st October, 1997 within seven
days of the expiry of the period within the said
jewellery manufactured out of the said gold or
silver was supposed to be exported."
3. Notification No. 177/94 In the said notification:
Customs dated the 21st (a) in the opening paragraph in the
October, 1994 condition (7) for clause (iii), the following
clauses shall be substituted, namely:-
"(iii) Permit supply of unsuitable or
broken cut and polished diamonds,
precious and semi-precious stones or
rough diamonds upto 5% of value of
import or indigenously procured
goods to the Domestic Tariff Area
against the valid REP or GEM REP or
Diamond Imprest Licence as applicable
on payment of appropriate duty.
(iv) Permit with the approval of Gem
and Jewellery Export Promotion
Council, personal carriage of precious
metals jewellery or precious or semi
precious stones or beads as samples
upto US $ 1,00,000 for export
promotion tours and temporary display
abroad subject to the condition that
the exporter would bring back the
jewellery or its sale proceeds within
45 days from the date of its
clearance;
(v) Permit export of jewellery
including branded, jewellery for
display and sale in the permanent
shops set up abroad, provided that
such items not sold abroad within 180
days, shall be re-imported within next
45 days".
(b) in opening paragraph in condition (8)
for the second and third provisoes,
the followings provisoes shall
respectively be substituted, namely:-
Provided also that exchange of
machine-made gold or silver or
platinum and chains, from any place in
India to the said complex with the
gold of silver or platinum of the same
purity and quantity in weight as that
of gold or silver of platinum
jewellery or the chain, as the case
may be prescribed by the Assistant
Commissioner of Customs."
"Provided further that jewellery upto
10% of the value of export by the unit
in the preceding year, may be allowed
clearance into Domestic Tariff Area by
the Development Commissioner in
consultation with the Assistant
Commissioner of Customs, on payment of
applicable duties;
(c) in the opening paragraph for
condition (10), the Table below the
said condition and the explanation to
the said and Explanation shall be
substituted, namely:-
(10) the Assistant Commissioner of
Customs may allow, subject to
fulfillment of such conditions as he
may specify, the percentage of wastage
of gold or platinum specified in
column (2) of the Table given below or
percentage of wastage of silver as
specified in column (3) of the said
Table, during the manufacture of
jewellery of description specified in
the corresponding entry in column (1)
of the said Table.
TABLE
------------------------------------------------------------------------------------------------
Description of percentage of wastage percentage of
Jewellery of Gold or Platinum wastage of Silver
------------------------------------------------------------------------------------------------
(1) (2) (3)
------------------------------------------------------------------------------------------------
a. Plain jewellery and 3.5% 4.5%
articles thereof
unstudded
b. Studded jewellery and 9.0% 10%
articles thereof
c. Mountings and findings 3.5% 4.5%
used in the plain
jewellery
d. Mounting and findings 3.5% 4.5%
used in the studded
jewellery
e. Chain manufactured by 1.25% 1.25%
a fully mechanised
process and
unstudded
------------------------------------------------------------------------------------------------
"Explanation":
(a) The wastage for mounting and findings is admissible only when such mountings and
findings are manufactured from imported gold and are exported as such.
(b) The percentage of wastage shall be calculated with reference to the total quantity of
gold or silver, imported or issued for manufacture of the jewellery.
(c) No wastage shall be allowed for the jewellery procured under para 8.34 of the Export
and Import Policy".
(d) In paragraph 2, for the words, "Minerals and Metals Trading Corporation of India Limited,
the Handicraft and Handloom Export Corporation, the State Trading Corporation, the State
Bank of India and any agency authorised by the Reserve Bank of India" the words, "Metals
and Minerals Trading Corporation Limited, Handicraft and Handloom Export Corporation,
State Trading Corporation, the Projects and Equipment of India Limited and any agency
authorised by Reserve Bank of India" shall be substituted;
e) in paragraph 2, after proviso, the following proviso shall be inserted;
"Provided further that in the event of the Gem and Jewellery units to whom the gold or
silver has been supplied, fails to export the jewellery made out of such gold or silver
within the time specified in the Export and Import Policy under the respective Scheme,
the nominated agencies shall deposit duty on the quantity of the gold or silver not
contained in the jewellery exported at the rate of duty of Customs leviable on the gold
or silver, as the case may be, as provided in the notification No. 80/97-Customs, dated
the 21st October, 1997 within seven days of the expiry of the period within the said
jewellery manufactured out of the said gold or silver was supposed to be exported."
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