[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, the
25th May, 2015
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),
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 Additional Duties of Excise (Textiles and Textile Articles) Act,
1978 (40 of 1978), the Central Government, being
satisfied that it is necessary in the public interest so to do, hereby makes
the following further amendments in the notification of the Government of India
in the erstwhile Ministry of Finance and Company Affairs (Department of
Revenue) No. 22/2003-Central Excise,
dated the 31st March, 2003, published in the Gazette of India
Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R 265 (E),
dated the 31st March, 2003, namely:-
In
the said notification,-
(a) in the
opening paragraph, in
condition (4), in clause (a), for sub-clauses (i) and (ii), the following sub-clauses
shall be substituted, namely:-
(i) in the case of capital goods, such goods are not
proved to the satisfaction of the said officer to have been installed or
otherwise used within the user industry, within the period of validity of the
Letter of Permission (LoP);
(ii) in
the case of goods other than capital goods, such goods as are not proved to the
satisfaction of the said officer to have been used in connection with the
production or packaging of goods for export out of India or cleared for home
consumption within the period of validity of the Letter of Permission (LoP);;
(b) in paragraph 3, for clause (iii), the following
clause shall be substituted, namely:-
(iii) capital goods,
raw material, consumables, spares, goods manufactured, processed or packaged,
and scrap or waste or remnants or rejects are destroyed within the unit after
intimation to Customs authorities or destroyed outside the unit with permission
of Customs authorities:
Provided that the remnants, remains or scrap after such
destruction, if cleared into Domestic Tariff Area, applicable duty shall be
levied on such goods:
Provided further that this provision shall not apply to
gold, silver, platinum, diamond, precious and semi precious
stones.;
(c) in paragraph 13, in Explanation,
after clause (xiii), the following clause shall be inserted, namely:-
(xiv) Letter of Permission (LoP) has
the same meaning as assigned in Chapter 6 of the Foreign Trade Policy 2015-20 notified by the Government of
India in the Ministry of Commerce and Industry, published in the Gazette of
India, Extraordinary, Part-II, Section 3, Sub-section (ii) vide notification
No. 01/2015-2020, dated the 1st April, 2015..
(F.No: DGEP/FTP/23/2014-EOU & G&J)
(SANJAY
KUMAR)
Under secretary to
the Government of India
Note:- The principal
notification No. 22/2003-Central Excise,
dated the 31st March, 2003 was published in the Gazette of India
Extraordinary, Part II, Section 3, sub-section (i) vide number G.S.R 265 (E),
dated the 31st March, 2003 and last amended by notification No. 28/2015-CE
dated the 15th May, 2015, published vide number G.S.R. 388 (E),
dated the 15th May, 2015.