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[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, dated the 23
rd
May, 2013
Notification No.19 /2013-Central Excise
G.S.R. (E). - In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944(1 of 1944),
the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods falling
under the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) (hereinafter referred to as indigenous goods) when
brought into duty free shops located in the arrival halls at the International Customs Airports from the factories of their
manufacture situated in India for sale to passengers or members of crew arriving from abroad, from the whole of the duty of
excise leviable thereon which is specified in the said Schedule, subject to the following conditions, namely:-
(i) the owner of the duty free shop shall follow the procedure specified by the Central Board of Excise and Customs vide
Circular No. 970/04/2013-CX, dated 23
rd
May, 2013, governing the movement of excisable indigenous goods to the
warehouses or retail outlets of Duty Free Shops appointed or licensed under the provisions of the Customs Act, 1962 (52 of
1962) and sale therefrom to the passengers or members of crew arriving from abroad;
(ii) the passenger or member of crew arriving from abroad shall be allowed clearance of excisable indigenous goods in his
bonafide baggage, free of duty, subject to the maximum permissible allowance as applicable to such passenger or member of
crew under the provisions of the Baggage Rules, 1998, issued vide notification of the Government of India, in the Ministry of
Finance (Department of Revenue) No. 30/1998-Customs (N.T.), dated the 2
nd
June, 1998, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.296 (E), dated the 2
nd
June, 1998, as amended from time
to time;
(iii) the permissible allowance including the restrictions and prohibitions, if any, shall be determined under the said Baggage
Rules read with all the "Appendixes" and "Annexure", which shall apply, mutatis mutandis, to sale of indigenous excisable
goods to passengers or members of crew arriving from abroad;
(iv) the value of goods which shall be allowed clearance free of duty to the passenger or member of crew arriving from abroad
within the permissible allowance as specified under the said Baggage Rules shall include the value of excisable indigenous
goods, duty free as well as the value of imported goods purchased duty free;
(v) where the value of goods exceeds the maximum permissible allowance which is allowed to be cleared duty free, the
passenger or member of crew arriving from aboard shall be liable to pay duty as applicable to dutiable articles in excess of
such permissible allowance imported by a passenger or a member of crew in his baggage under the Baggage Rules, 1998
read with the Customs Act, 1962 and the rules made thereunder:
Provided that where there are any quantitative restrictions on goods to be allowed as baggage under the said Baggage Rules,
the duty payable on such goods in excess of such quantitative restrictions and other consequences such as penalty, etc. shall
apply mutatis mutandis to indigenous goods sold in the Duty Free Shops as are applicable under the said Baggage Rules,
1998 read with the Customs Act, 1962 and the rules made thereunder to the imported goods sold in excess of such
quantitative restrictions.
[F. No. 354/192/2010-TRU (Pt)]
[Akshay Joshi]
Under Secretary to the Government of India