The said notification 43/2001-CE stipulates a condition that provisions of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2001 shall be followed. Neither the said notification nor the said Rules mention anything about any time limit within which the goods procured under the said notification without payment of duty must be used.
Can we import machinery under advance authorisation for the purpose of repairs and re-export?
For our supply of goods against International Competitive Bidding (ICB) to projects or purposes for which import is permitted at zero customs duty, we have been clearing our goods claiming exemption under S. No. 336 of exemption notification 12/2012-CE dated March 17, 2012. Our excise authorities were accepting Project Authority Certificate (PAC) issued in accordance with Appendix-27 of the Handbook of Procedures, Vol. 1 (HB-1) as a valid document to establish our eligibility for exemption. Recently, however, they are saying that we need to produce the documents mentioned in the related Customs exemption notification 12/2012-Cus dated March 17, 2012. When the PAC clearly says that our supplies are against ICB, are we required to submit any more documents?
This condition no. 41 was amended on March 1, 2015 (notification 12/2015-CE), adding ‘provided that if the goods when imported into India are so exempt from the said duties of customs subject to certain conditions under a notification issued under the Customs Act, 1962 then such conditions shall, mutadis mutndis, apply for the purposes of this exemption’. In view of this amendment, the demand of your excise authorities appears to be correct.
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