Notification No. 79/2018-Customs

Notification No. 79/2018-Customs

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)
Notification No. 79/2018-Customs

New Delhi, the 5th December, 2018

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, vide number G.S.R. 274 (E), dated the 31st March, 2003, namely:-

In the said notification,-

(1) (a) in the opening paragraph,-

(i) in condition (4), in first proviso, for the words and figures ―Central Excise Rules, 2002‖ the words and figures ―the Central Excise Rules, 2017 or as a GST registrant under the Central Goods and Service Tax Act or the State Goods and Service Tax Act or the Union Territory Goods and Service Tax Act, 2017 and rules made thereunder‖ shall be substituted;

(ii) in condition (6),-
(A) in clause (ix), for the words and figures ―No. 62/2004-Cus., dated 12-5- 2014‖ the words and figures ―No. 50/2017-Customs dated 30-6-2017‖ shall be substituted.

(B) for clause (xv), the following shall be substituted, namely:- ―(xv) subject to the fulfillment of such conditions as he may specify, the maximum wastage or manufacturing loss of gold or platinum or silver during the manufacture of jewellery or articles thereof shall be as per paragraph 4.60 of the Handbook of Procedures.

Explanation.- For the purposes of this sub-condition,
(a) the percentage of wastage shall be calculated with reference to the total quantity of gold or platinum or silver imported or issued for manufacture of the jewellery;
(b) no wastage shall be allowed for jewellery procured against exchange under provisions of the Foreign Trade Policy.‖ ;

(b) in paragraph 3, in first proviso, for the words and figures ―No.106/58–Customs dated the 29th March, 1958‖, the words and figures ―No. 36/2017-Customs dated the 30th June 2017‖ shall be substituted;

(c) in paragraph 4, in second proviso,-

(i) in clause (a), for the words ―payment of duty on the depreciated value thereof and at the rate in force on the date of clearance,‖ the words ―payment of duty but for the exemption on the depreciated value thereof‖ shall be substituted;
(ii) in clause (b), for the words ―on the value at the time of import and at rates in force on the date of payment of such duty‖, the words ―but for the exemption on the value at the time of import‖ shall be substituted;

(d) in paragraph 5,-

(i) in first proviso, in clause (c), for the words, figures and brackets ―the Policy circular No. 77(RE-2008)/ 2004-09 dated 31st March, 2009 as amended from time to time, issued by Director General of Foreign Trade are followed by the nominated agencies (except for those authorized by RBI and the Gems and
Jewellery units operating under EOU and SEZ schemes)‖ the words ―provisions of the Foreign Trade Policy and relevant guidelines issued by Reserve Bank of India, are followed by the nominated agencies‖ shall be substituted;

(ii) in second proviso, for the words and figures ―No. 62/2004-Customs dated 12- 5-2004‖, the words and figures ―No. 50/2017-Customs dated 30-6-2017‖ shall be substituted;

(e) in the paragraph 11A, after the words ―payment of duty‖ the words ―leviable at the time of import but for the exemption‖ shall be inserted;

(f) in the paragraph 11B, for the words, figures and brackets ―and the additional duty, if any, leviable thereon under sub-sections (1), (3) and (5) of section 3 of the said Act or applicable excise duty,‖, the words, figures and brackets ―and the additional duty, if any, leviable thereon under sub-sections (1), (3) and (5) and integrated tax and compensation cess, if any, leviable thereon under subsections
(7) and (9) of Section 3 of the said Act or applicable excise duty,‖ shall be substituted;

(g) after paragraph 13, in Explanation,-

(i) in serial number (xii), for the words, figures and letters ―Annexure-I to Appendix 14-I-G of Handbook of Procedures, volume 1‖, the words, figures and letters ―Annexure to Appendix 6F of Foreign Trade Policy, 2015-20‖ shall be substituted;
(ii) in serial number (xiii), for the words and figures ―Vol.2, 2004-09‖, the figures ―2015-20‖ shall be substituted;

(h) in Annexure–I, for Sr.No. 14 and the entries relating thereto, the following shall be substituted, namely :-

(2) the words ―or Commissioner of Central Excise‖ and ―or Central Excise Officer‖, wherever they occur, shall be omitted,

(3) After Annexure-VI, the following shall be added. –

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