Advance Licence - issued on or after 19-9-1995 - material imported.
19-9-1995
Notification No. 149/95-Customs
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 materials imported into India,
against an Advance Licence applied for and issued on or after 19th September, 1995, with an obligation to export products
specified in the Table annexed to this notification (hereinafter referred to as the said licence), from the whole of the duty of
customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and from the
whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act,subject to the following conditions,
namely.
(i) that the materials imported are covered by a Quantity Based Duty Exemption Entitlement Certificate (hereinafter referred to
as the said certificate), issued by the Licensing Authority in the form specified in the schedule annexed to this notification, in
respect of the value, quantity, description, quality and technical characteristics:
Provided that where quantity for a particular description of materials cannot be imported within the specified value under the
said certificate, the Commissioner of Customs may allow adjustment of individual value within the total value;
(ii) that the importer at the time of clearance of the imported materials executes a bond with such surety or security and in such
form and for such sum as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs
binding himself to pay on demand an amount equal to the duty leviable, but for the exemption, on the imported materials in
respect of which the conditions specified in this notification have not been complied with, together with interest at the rate of
twenty-four percent per annum from the date of clearance of the said materials.
Provided that the bond shall not be necessary in respect of imports made after the discharge of export obligation in full;
(iii) that the said licence and the said certificate are produced before the proper officer of customs at the time of clearance for
debit;
(iv) that the imports and exports are undertaken through sea ports at Mumbai, Calcutta, Cochin, Magdalla, Kakinada, Kandia,
Mangalore,Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Nagapattinam ,
Okha and Mundhra or through any of the airports at Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Calcutta, Coimbatore,
Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum, Varanasi,Nagpur and Cochin or through any of the Inland Container
Depots at Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur,
Ludhiana,Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi
(Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj Aurangabad),Anaparthy (Andhra Pradesh), Salem,
Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi and Madurai or through the Land Customs Station at
Ranaghat and Singhabad:
Provided that the Commissioner of Customs, may by special order and subject to such conditions as may be specified by him,
permit import and export through any other Seaport, Airport, or Inland Container Depot or through the Land Customs Station.
(v) that me export obligation discharged within the period specified in the said certificate or within such extended period as
may be granted by the Licensing Authority by exporting products manufactured in India which are specified in Part "E" of the
said certificate and also specified in the Table annexed to this notification (hereinafter referred to as export product) and in
respect of which facility under rule 12(1) (b) or rule 13(l) (b) of the Central Excise Rules, 1944, has not been availed in respect
of materials permitted under the said licence; except the benefit under notification of the Government of India in the Ministry of
Finance (Department of Revenue), No. 49/94-C.E.(N.T.), dated the 22nd September, 1994;
(vi) that the importer produces evidence of discharge of export obligation to the satisfaction of the Assistant Commissioner of
Customs or Deputy Commissioner of Customs within a period of 30 days of the expiry of period allowed for fulfillment of export
obligation, or within such extended period as the said Assistant Commissioner of Customs may allow;
(vii) exempt materials shall not be disposed of or utilised in any manner except for utilization in discharge of export obligation or
for replenishment of such materials and the materials so replenished shall not be sold or transferred to any other person;
(viii) that in relation to products specified at serial No. 4 of the Table to this notification, -
(a) the name and address of the supporting manufacturer is specified in the said licence and the said certificate and the bond
required to be executed by the importer in terms of condition (ii) shall be executed jointly by the Merchant Exporter and the
supporting manufacturer binding themselves jointly and severally to comply with the conditions specified in this notification; and
(b) exempt materials are utilised in the factory of such supporting manufacturer in terms of condition (vii).
Explanation:- In this notification, -
(i) "Advance Licence" means Quantity Based Advance Licence issued in terms of paragraph 50 and Quantity Based
Intermediate Licence issued under paragraph 55 of the Export and Import Policy 1 April, 1992 - 31 March, 1997 published vide
Public Notice of the Government of India in the Ministry of Commerce No. 1-ITC(PN)/92-97 dated the 31st March, 1992, as
amended from time to time.
(ii) "Licensing 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 authorized by him to grant a licence under the said Act.
(iii) "Materials" means -
(a) raw materials, components, intermediates, consumables, computer software and parts required for manufacture of export
product and packaging materials required for packing of export product, which in case of a Quantity Based Advance
Intermediate Licence, includes for manufacture and supply to holder of a Special Imprest Licence for producing final goods
referred to in sub-clauses (b), (c) and (d) of clause (iii) of the Explanation in the notification of the Government of India in the
Ministry of Finance (Department of Revenue) No.128/94-Customs, dated the 10th June, 1994.
Table
Sl. No.Export Product
1.Leather garments.
2.Textile garments including knitwear.
3.
All products for export of which Advance Licence is issued to a manufacturer -
exporter on an application made on or after 1st December, 1995.
4.
All products for export of which Advance Licence is issued to a Merchant
Exporter on an application made on or after 10th September, 1996.
THE SCHEDULE QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE
PART -1
IMPORT)
(This consists of ...... pages)
Sl. No......... (IMP) Date of issue...........
Port of Registration ....................
Issued to
................................................(name and full address of the licencee)
...............................................
...............................................
Materials imported against licence No....... dated....... issued by .......to the above importer and covered by the list of materials
specified under Part "C" of this certificate would be eligible for exemption from customs duties subject to the conditions
specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 149/95-Cus./dated the
19th September, 1995.
The importer shall make the exports in terms of the said notification within .......... months from the date of issue of licence.
A Bond in terms of the said notification, shall be executed before clearance of the goods from the Customs.
Signature
Seal of licensing authority
date
PART-A
Names and addresses of the factories where the resultant products for export are manufactured.
____________________________________________________________________________
____________________________________________________________________________
PART -B
Names and addresses of factories where the ancillaries to the resultant products for export are manufactured.
_________________________________________________________________________________________
_________________________________________________________________________________________
PART -C
List of items of import
Sl. No.Item of ImportQualityTechnical Characteristics
1.2. 3. 4.
QuantityCIF value in Indian Rs. and in equivalent US $S. No. of the resultant products in Part E
5. 6. 7.
PART-D
Particulars of import of materials
Sl.No.
No. of the materials in
Part-C
Bill of Entry No. Date and Customs House of
Import
Description
Quantity and net
weight
1.2. 3. 4. 5.
CIF
Value
Duty leviable
but for
exemption
Signature of the Customs
Officer with Name,
Designation & Seal
Heading No. of the First Schedule to the Customs Tariff Act, 1975
and Heading No. in the Schedule to the Central Excise Tariff Act,
1985 for levy of Additional Duty
Rate of Duty (i)
Basic (ii)
Additional
Amount of Duty
6. 7. 8. 9.10.
(Parts E and F figure in the Export Part of this DEEC)
PART - G
Duties paid on materials in respect of which the conditions of said notification are not complied with
Sl.No.
Sl. No. in Part D under which the
import of the materials has been entered
Description, Quantity and
value of materials on which Duty paid
Rate of duty leviable
(i) Basic
(ii) Additional
1.2. 3. 4.
Amount of
(i) Duty
(ii) Interest
Particulars of duty paying documentsSignature of the Customs officer
5. 6. 7.
QUANTITY BASED DUTY EXEMPTION ENTITLEMENT CERTIFICATE PART
PART - 2
(EXPORT)
(This consists of ..........................pages)
Sl. No. ..........(EXP) Date of Issue .........
Port of Registration ......................
Issued to.........................................................................
............................................................................... (name and full address of
................................................................................ the licencee
Materials imported against Licence No................ dated ............... issued by............... to the above importer and covered by the
list of materials specified under Part "C" of this certificate would be eligible for exemption from customs duties subject to the
conditions specified in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 149/95-
Cutoms, dated the 19th September, 1995.
The importer shall make the exports in terms of the said notification within ......... months from the date of issue of licence.
A Bond in terms of the said notification, shall be executed before clearances of the goods from the customs.
Signature
Seal of licensing authority
date
PART-A
Names and addresses of the factories where the resultant products for export are manufactured.
_______________________________________________________________________________
_______________________________________________________________________________
PART-B
Names and addresses of factories where the ancillaries to the resultant products for export are manufactured.
________________________________________________________________________________
________________________________________________________________________________
(Parts C and D figure in the Imports Part of this DEEC)
PART -E
Resultant products
Sl. No.DescriptionSl. No. in the table to Notification No. 149/95-CustomsQualityTechnical Characteristics
1.2. 3. 4. 5.
QuantityFOB Value in Rs./US $Sl. No. of the materials in Part-C
6. 7. 8.
PART -F
Particulars of exports
Sl.
No.
S. No of the resultant
product in Part E.
Name of the Customs House
of Shipment
Shipping Bill
No. & date
Name of the Vessel and outward
entry of the vessel.
1.2. 3. 4. 5.
QuantityNet weight of the productDescription as per the Shipping Bill.
FOB value
in Rs./US $
Signature of Customs Officer
with name, designation
and Seal and remarks if any.
6. 7. 8. 9. 10.
PART -H
Statement of imports and exports/supply made
Details of imports made:
S. No.S. No. of Part CDescriptionQuantity ImportedCIF Value in Rs./in Equivalent US $
1.2. 3. 4. 5.
Details of Exports made:
Sl. No.S. No. in Part EDescriptionQuantity ExportedFOB Value in Rs./in equivalent US $
1.2. 3. 4. 5.
1. I/We hereby declare that information given in this statement is correct.
2. I/We hereby declare that no benefit under rule 12(l) (b) or rule 13(l) (b) of the Central Excise Rules, 1944, except for the
benefit under notification No. 49/94-C.E. (N.T.), dated the 22nd September, 1994, has been availed in respect of exports
made under this DEEC.
Signature..................................................
Name of the Signatory...............................
Designation..............................................
Full address.............................................
Certificate of Chartered Accountant/Cost Accountant
I have examined the applicant firm"s actual imports and exports as given above and find them as correct.
Signature........................................
Seal...............................................
Membership No..............................
Notification No. 149/95-Cus., dated 19-9-1995 as amended by Notifications No. 162/95-Cus., dated 1-12-1995; No. 30/96-
Cus., dated 15-6-1996; No. 71/96-Cus., dated 10-9-1996; No. 93/97-Cus., dated 19-12-1997; No. 51/99-Cus., dated 29-4-
1999 and No. 121/99-Cus., dated 4-11-1999 and Notfn.No.30/2001 dated 12.03.2001.
