GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 34 /2011 - Customs
New Delhi, the 15th April, 2011
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, on 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. 21/2002-Customs, dated the 1st
March, 2002,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R. 118(E)
dated the 1st March, 2002, namely :-
In the said notification, -
(i) in
the preamble, in the proviso, after clause (k), the following clause
shall be inserted, namely:-
“(l)
the goods specified against S.Nos. 37F, 37G,
37H of the said Table on or after the 1st day of July, 2011”
(ii) in the Table, after
S.No. 37E and the
entries relating thereto, the following S.Nos.
and entries shall be inserted, namely:-
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
“37F. |
1701 |
Raw Sugar |
Nil |
- |
5G |
|
37G. |
1701 91 00 or 1701 99 90 |
Refined or white sugar |
Nil |
- |
5H |
|
37H. |
1701 |
Raw sugar if imported by a bulk consumer |
Nil |
- |
5I” |
(iii) in the Annexure, after condition
No. 5 and the entries relating thereto, the following conditions shall
be inserted, namely :-
|
Condition No. |
Conditions |
|
5G |
(a) If imported by a sugar factory or a sugar refinery.
Explanation.- For the purpose of this notification -
(i) “sugar factory” shall have
the same meaning as assigned to it in Section 2(c) of the
Sugarcane (Control) Order, 1966;
(ii) “sugar refinery” means a unit
which is engaged in the manufacture of refined sugar starting from
the stage of raw sugar”.
(b) If imported by any person other than at (a) above:
(i) the importer shall produce to
the Deputy Commissioner of Customs or the Assistant Commissioner
of Customs, as the case may be, a valid contract or agreement with
a sugar factory or sugar refinery for refining of such raw sugar
and shall furnish a bond to the effect that the said raw sugar
shall be used for the said purpose;
(ii) the bond shall be discharged by the Deputy Commissioner of
Customs or the Assistant Commissioner of Customs, as the case may
be, on production of a certificate from the Central Excise
authorities having jurisdiction over such sugar factory within a
period of three months from the date of import of such raw sugar
that the entire quantity of imported raw sugar has been refined
and
(iii) in the event of his failure to comply with the above
conditions, the importer shall be liable to pay, in respect of
such quantity of the raw sugar as is not proven to have been
refined, an amount equal to the difference between the duty
leviable on such quantity but for the exemption contained
herein.”; |
|
5H |
If the importer produces before the Deputy Commissioner of Customs
or the Assistant Commissioner of Customs, as the case may be, a
proof to show that the contract for import of such sugar is duly
registered with Agricultural & Processed Food Products Export
Development Authority (APEDA)”. |
|
5I |
If the importer, at the time of import, produces a certificate
from a Chartered Accountant to the effect that the importer is a
bulk consumer.
Explanation,- For the purpose of this notification,-
(i) bulk
consumer is a person, establishment or industrial unit using or
consuming more than ten quintals of sugar per month as a raw
material for production or consumption or use in any manner other
than sale.
(ii) the said certificate shall be issued by the Chartered
Accountant after taking into account monthly use or consumption of
sugar by such person, establishment or unit in the last twelve
months; and
(iii) “Chartered Accountant” shall have the same meaning as
assigned to it in clause (b) of sub-section (1) of section 2 of
the Chartered Accountant Act, 1949. |
F. No.354/78/2009-TRU Pt I
(Sanjeev Kumar Singh)
Under Secretary to the Government of India
Note.- The principal notification No.21/2002-Customs, dated the 1st
March, 2002, was published in the Gazette of India, Extraordinary, Part
II, Section 3, Sub-section (i) vide number
G.S.R. 118(E), dated the 1st March, 2002 and was last amended by
notification No. 31/2011-Customs, dated the
24th March, 2011 published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i)
vide number G.S.R.249(E), dated the 24th
March, 2011.