Cus Ntf No.58/2000 date 8/05/2000

Exemption to specified goods imported or procured from a public warehouse or private warehouse for use in a granite quarry for quarrying of granite
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 exempts goods specified in the Table below (hereinafter referred to as the said goods), when imported into India or procured from a public warehouse or private warehouse appointed or licensed, as the case may be, under section 57 or section 58 of the said Customs Act or procured from international exhibition held in India, for use in a granite quarry for the purpose of quarrying of granite (hereinafter referred to as the said purpose), by hundred percent export oriented units approved by the Board of Approvals for hundred percent export oriented units, appointed by a notification of Government of India in the Ministry of Industry (Department of Industrial Policy and Promotion), or the Development Commissioner concerned, as the case may be, (hereinafter referred to as the said EOU Board) or by units within a Free Trade Zone or Export Processing Zone as specified in Annexure-I to this notificaiton (hereinafter referred to as the Zone), approved by the Board of Approvals for Export Processing Zone appointed by a notification of Government of India in the Ministry of Industry (Department of Industrial Policy & Promotion) or the Development Commissioner, as the case may be, for the said purpose (hereinafter referred to the said EPZ Board), from the whole of the duty of the customs leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and the additional duty leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, narnely

(In this para bold words has been substituted vide CUS NTF NO.64/2002 DATE 24/06/2002)

(1) The importer has been granted necessary approval for the import of the goods for the said purpose.

(2) The said goods are used by the importer for the purpose of quarrying of granite meant for further processing or manufacture or production of articles of granite for export by his own export-oriented unit or his unit in the Zone.

(3) The importer, at the time of import of goods, executes a bond in such form and for such sum as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, binding himself :-

(a) to use the said goods only for his own export oriented unit or his unit in the Zone, as the case may be.

(b) to fulfil the export obligation and to comply with conditions stipulated in this notification and the Export and Import Policy.

(c) To pay on demand an amount equal to the duty as leviable on the said goods and interest at the rate of fifteen per cent per annum on the said duty from the date of duty free importation or procurement of the said goods till the date of payment of such duty, if -

(In Condn.3 clause (c) bold words has been substituted vide CUS NTF NO.64/2002 DATE 24/06/2002)


(i) In the case capital goods, such goods are not proved to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs to have been installed or otherwise used within a period of one year from the date of importation or procurement thereof or within such extended period not exceeding five years as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, may on being satisfied that there is sufficient cause for not using them as above within the said period, allow,

(ii) in case of goods other than capital goods, such goods are not proved to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs to have been used in connection with the quarrying of granite or re-exported within the period of one year from the date of importation or procurement thereof or within such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, on being atisfied that there is sufficient cause for not using them as above within the said period, allow,

(iii) in the case of components, spares and consumables imported or procured duty free the unit fails to achieve the Net Foreign Exchange as a Percentage or Exports (NFEP) and Export Performance (EP) as specified in Appendix - 1 of the Export and Import Policy within one year of importation and procurement of such goods or within such extended period not exceeding one year as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, on being satisfied that there is sufficient cause, allow,

Provided that the Commissioner of Customs may extend the period of achievement of Net Foreign Exchange Earning as a Percentage of Exports (NFEP) or Export Performance (EP) for further period not exceeding five years from the date of importation or procurement.

(4) The importer maintains a proper account of import, consumption and utilisation of the said goods and of granite so quarried and transferred to his processing unit or to any other Export Oriented Unit or units in the Zones, and shall submit such accounts periodically to the Development Commissioner of the Zone and to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, in such form and in such manner as may be laid down by Development Commissioner.

(5) The quarries shall be in the name of the importer either on 'lease- basis' or on 'owner ship basis'. The location and area of quarries or any subsequent change in location of quarry or quarries at a later stage, shall be intimated by the importer to the Development Commissioner and the Assistant Commissioner of Customs or Deputy Commissioner of Customs.

(6) The Assistant Commissioner of Customs or Deputy Commissioner of Customs may, subject to such conditions and limitations as he may specify and subject to the provisions of Export and Import Policy, allow -

(a) the importer to supply granite so quarried to other Export Oriented Unit or units in the Zone without payment of duty;

(b) the said goods to be taken out temporarily without payment of duty for repairs and return thereof;

(c) the importer to re-export the said goods;

(d) destruction of obsolete capital goods without payment of duty when such goods are destroyed in the presence of the Customs.

(7) The said goods shall not be transferred or shifted to any other site or quarry owned or taken on lease by the unit without permission of the Assistant Commissioner of Customs or Deputy Commissioner of Customs.

(8) The accounts of the said goods used at the quarrying site shall be kept at the site in a properly constructed office so as to enable verification of the same as and when required.

(9) The goods so quarried shall be allowed to be removed from the quarry site to the importer's unit in the Zone or to his Export Oriented Unit, engaged in processing of granite or manufacturing of granite articles and shall not be allowed to be exported as such or to be cleared in Domestic Tariff Area.

2. Without prejudice to any other provision contained in this notification, the Assistant Commissioner of Customs or Deputy Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Development Commissioner, where it is exclusively required under the Export and Import Policy, allow the unit to clear the said goods to any other place in India in accordance with the Export and Import Policy -

(a) Such clearance of capital goods may be allowed on payment of an amount equal to the customs duty leviable on such goods on the depreciated value thereof and at the rate in force on the date of payment of such duty;

(b) Such clearance of goods other than capital goods may be allowed on payment of customs duty on the value at the time of import and at the rates in force on the date of payment of such customs duty:

Provided that the importer shall not be eligible to avail of the exemption applicable to goods falling under heading 98.01 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), or the exemption available to the imported goods under any Export Promotion Scheme other than the Export Promotion Capital Goods Scheme permitting import of capital goods at the rate of duty prescribed in terms of notifications in force at the time of debonding.

Explanation:-

The depreciation in respect of goods covered by clause (a) shall be allowed for the period from the date of their use in a quarry to the date of payment of duty.

(Rajendra Singh)
Under Secretary to the Government of India

Note:- For the purpose of this notification, "Export and Import Policy" means the Export and Import Policy, 2002-2007, published by the Government of India in the Ministry of Commerce and Industry vide notification No.1/2002-07, dated the 31st March, 2002, as amended from time to time.

(Note has been substituted vide CUS NTF NO.64/2002 DATE 24/06/2002)

[OLD Note:

For the purpose of this notification Export and Import policy means the Export and Import Policy, 1997-2002 published by the Government of India under the Ministry of Commerce, notification number 1 (RE-99)/1997-2002, dated 31st March, 2000, as amended from time to time.]

Note:

The Zone shall comprise of places bearing survey numbers and enclosed by boundaries as may be specified by the jurisdictional Commissioner of Customs in a Public / Trade Notice, issued in this behalf.

Table

1.	Hydraulic Excavators
2.	Pneumatic Compressors
3.	Jack Hammers
4.	Hydraulic Drilling Machines
5.	Line Drillers
6.	Front End Loaders
7.	Pneumatic Grinders
8.	Diamond Wire Saws
9.	Dressing machine
10.	Core Drilling Machine
11.	Jet Burners
12.	Cranes
13.	Derricks
14.	Tippers and Dumpers
15.	Welding Machine
16.	Generating sets
17.	Steel Chains and Steel Ropes
18.	D-Shackles
19.	Diamond Wires
20.	Diamond Segments
21.	Tungton CarbonDrill Rods
22.	Steel Feathers & wedges
23.	Burner Nozzle
24.	Welding rods
25.	Hydraulic Oil and Lubricants
26.	Expolosives
27.	Chisels, Hammers, Chain Pulley Blocks.
28.	Steel Pillow Kits
29.	Dust Collector
30.	Consumables and tools

ANNEXURE-I

Name of the Zone

1.	OMITTED
2.	OMITTED
[OLD1.	Santa Cruz Electronics Export Processing Zone
2.	Kandla Free Trade Zone.]
3.	Falta Export processing Zone.
4.	Madras export Processing zone.
5.	Noida Export Processing Zone.
6.	OMITTED
[OLD6.	Cochin Export Processing Zone.]
7.	Vishakapatnam Export Processing Zone.
8.	OMITTED
[OLD8.	Surat Export Processing.]
9.	Kay-foam Export Processing Zone, Kandivili, Mumbai.

(Please refer Cus Cir No.38/2002 date 1/07/2002)

(In Annexure-I serial Nos. 1, 2, 6 and 8 has been omitted vide Cus Ntf No. 116/2001 Date 6/11/2001)