Notification No.
60/2008 -
Customs dated 5.5.2008
Amendments in the notification regarding - Exemption to specified goods
G.S.R --- (E). – 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 makes the
following further amendments in the notification of the Government of India in
the Ministry of Finance (Department of Revenue), No.
52/2003-Customs, dated the 31st March, 2003, published in the Gazette of
India, Extraordinary, Part II, section 3, sub-section (i) vide number G.S.R. 274
(E), dated the 31st March, 2003, namely:-
In the said notification,-
(i) in the condition (3) of opening paragraph, in sub-condition (d), in clause
(I), after sub-clause (ii), for the proviso, the following proviso shall be
substituted, namely:-
“Provided that-
(a) where no SION have been notified, the generation of waste, scrap and
remnants upto 2% of input quantity shall be allowed;
(b) where additional items other than those given in SION are required as input
or where generation of waste, scrap and remnants is beyond 2% of the input
quantity, use of such goods shall be allowed on the basis of self-declared norms
till such norms are fixed on ad hoc basis by the jurisdictional Development
Commissioner within a period of three months from the date of self declared
norms and the unit shall undertake to adjust the self-declared/ ad hoc norms in
accordance with norms as finally fixed by the Norms Committee for the unit. The
ad-hoc norms will continue till such time the final norms are fixed by the Norms
Committee;
(c) in case of utilization of a large number of inputs, wide variation in
quantum of consumption of inputs or such other factors which render such
fixation of SION difficult in the case of a particular unit, the Norms Committee
may refer the case to the Board of Approval for a decision.”;
(ii) in the paragraph 4, after the second proviso, in the clause (a), for the
words “such clearance or debonding of capital goods may be allowed on payment of
duty on the depreciated value thereof and at the rate in force on the date of
debonding or clearance, as the case may be.”, the following shall be
substituted, namely:-
“such clearance or debonding of capital goods may be allowed on payment of duty
on the depreciated value thereof and at the rate in force on the date of
debonding or clearance, as the case may be, if the unit has fulfilled the
positive NFE criteria taking into consideration the depreciation allowable on
the capital goods at the time of clearance or debonding. In case of failure to
achieve the said positive NFE, the depreciation shall be allowed on the value of
capital goods in the same proportion as the achieved portion of NFE.”;
(iii) after paragraph 13, in the Explanation, after serial number (xiii) and
entry relating thereto, the following serial number and entry shall be inserted,
namely:-
“(xiv) “Norms Committee” means the Norms Committee in the Directorate General of
Foreign Trade for recommending Input Output norms and value addition norms to be
notified by the Director General of Foreign Trade.”.
(F.No: DGEP/FTP/13/2008-EOU & G&J) Aseem Kumar,
Under Secretary to the Government of India.
Note: The principal notification No. 52/2003-Customs, dated the 31st March, 2003
was published in the Gazette of India Extraordinary, Part II, section 3 (i) vide
G.S.R 274(E), dated the 31st March, 2003 and last amended by
notification No. 47/2008-Customs, dated the 11th April, 2008 published vide
G.S.R. 281 (E), dated the 11th April, 2008.
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