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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 5th May, 2008
NOTIFICATION No. 60 /2008-CUSTOMS
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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