Welcome to Amit Kumar Gupta Advocate

Ask a Query


Client Login

35/2011-Cus(NT), Dated: 26/05/2011
 

Regarding customs duty on goods imported for use in, or for the manufacture of, metallised plastic films

[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
 
Notification No. 35/2011- Customs (N.T.)
 
New Delhi, Dated the 26th May, 2011
6, Jyaistha, 1933 (Saka).

 

G.S.R. (E)……WHEREAS it appears that the goods imported by manufacturers of metallised plastic films were allowed to be imported at concessional rates of duty by virtue of Notification No .25/99 - Customs dated the 28th February,1999 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 261 (E) dated the 28th February,1999 and Notification No.25/2002 – Customs dated 1st March, 2002 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 122 (E) dated the 1st March, 2002, (as amended by Notification No.8/2004-Customs dated 08th  January, 2004 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 21 (E) dated the 8th January, 2004 and Notification No. 71/2004 - Customs dated 9th July, 2004 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 413 (E) dated the 9th July, 2004) when imported for use in or for the manufacture of metallised plastic films, subject to the procedure laid down under the Customs ( Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules,1996;
 
AND WHEREAS such goods have been rendered liable to higher rate of duty of customs by virtue of the judgment of the Supreme Court in Civil appeal Nos.3224-3225 of 1998 with C.A.No.5716 of 1998 decided on the 12th February 2004, in the case of Meltex (India) Pvt. Ltd. Vs. Commissioner of Central Excise, New Delhi, holding the process of metallisation of plastic film as not amounting to manufacture;
 
AND WHEREAS the Central Government is satisfied that according to a practice that was generally prevalent regarding levy of duty  ( including non-levy thereof ),  the said goods were being allowed to be imported at concessional rate of duty under the said notifications and that such goods have been rendered liable to higher rate of  duty of customs than what was levied according to the said practice;
 
NOW, THEREFORE, in exercise of the powers conferred by section 28A of the Customs Act, 1962 (52 of 1962), the Central Government, hereby, directs that the duties of customs in excess of that payable but for the said practice, shall not be required to be paid in respect of the said goods on which the duty was short-levied in accordance with the said practice,notwithstanding the said judgment of the Supreme Court subject to following conditions, namely:-
 
(a)       the said goods were  imported prior to 12th February, 2004;
 
(b)       the said goods have been used in or for production of final products on which  duty of excise has been paid;
 
(c)       no refund of duty of excise paid on the said final products has been availed by the said manufacturer.
 

[F.No.528/24/2010 – STO (TU) ]
 
Vikas
Under Secretary to the Government of India

Amit R Gupta

Our Services

Insurance Services

We offer comprehensive Insurance Services systems maintained by trained accounting.

Legal Services

 We offer comprehensive Legal Services systems maintained by trained accounting pr.

Investment Services

We offer comprehensive Investment Services  systems maintained by trained accoun.

Finance Services

 We offer comprehensive Finance Services systems maintained by trained accounting .

Due Diligence and Advisory Ser

We offer comprehensive Due Diligence and Advisory Services systems maintained by traine.

Corporate Services

We offer comprehensive Corporate Services systems maintained by trained accounting.

AMITRGUPTA

What We Do

Tax Consulting

We offer comprehensive Tax Consulting  systems maintained by trained accounting professionals. This local service coul...

READ MORE

Due Diligence

Investors, bankers and acquirers rely on Due Diligence as a standard of care during Mergers and ...

READ MORE

Taxation Services

We offer comprehensive Taxation Services systems maintained by trained accounting professionals. This local service could be...

READ MORE