Office of the Commissioner of Customs, Kandla,

Custom House, Near Balaji Temple, Kandla (Kachchh).

Phone: 02836- 271 468        Fax: 02836- 271 467

 

PUBLIC NOTICE NO. 33/2009 dated 27.08.2009

 

              Sub: Use of duty free raw material for capital goods manufactured                                   within EOU for captive use--reg

                

A copy of C.B.E.C. Circular No.22/2009-Customs, issued from F.No.DGEP/EOU/57/2009, dated 19/08/2009, Department of Revenue, Ministry of Finance, New Delhi, is enclosed herewith for information, guidance and necessary action.

 

2.                  Any difficulties faced in implementation of the above Instructions may be brought to the notice of the undersigned immediately.

 

3.       All the Trade Associations/Chamber of Commerce/Members of Regional Advisory Committees and Custom House Agents’ Association are requested to publicize the contents of this Public Notice among their members/constituents, for their information and necessary action.

 

Encl.: As above.                                                                     (D. S. Negi)

                                 Commissioner

F.NO.S/01-02/2009-Appg (G)                                        

Date: 27.08.2009                                                                            

 

To,

  1. The Chief Commissioner of Customs, Gujarat Zone, Ahmedabad.
  2. All Additional/Joint Commissioners of Customs, C.H.Kandla.
  3. All the Deputy/Assistant Commissioner of Customs, C.H.Kandla/ Mundra.
  4. The Assistant Commissioner of Customs, Customs Division, Bhuj.
  5. All Groups/ Sections, Customs, Kandla.
  6. The Gujarat Chamber of Commerce & Industries, Ahmedabad.
  7. The Southern Gujarat Chamber of Commerce & Industries, Surat.
  8. The Gandhidham Chamber of Commerce & Industries, Gandhidham.
  9. The Kandla Custom House Agents’ Association, Gandhidham.
  10. The Mundra Custom House Agents’ Association, Mundra.
  11. The Kandla Port Steamship Agents’ Association, Gandhidham.
  12. The Mundra Port Steamship Agents’ Association, Mundra.
  13. The Container Freight Station Association of Mundra, Bharat CFS Zone- 1, Mundra.
  14. The Chairman, Kandla Port Trust, Gandhidham.
  15. Notice Board / Guard File.

Circular No. 22/2009-Cus

F.No.:DGEP/EOU/57/2009
Govt. of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
Directorate General of Export Promotion

New Delhi, the 19th August, 2009

 

Sub: Use of duty free raw material for capital goods manufactured within EOU for captive use-reg.

 

An Export Oriented Unit has represented regarding difficulties faced in grant of exemption from Customs & Central Excise duty on raw materials common for manufacture of both finished goods and capital goods (e.g. jigs, moulds, dies etc) within the EOU for captive use.

2. The issue has been examined. It is viewed that there may not be any difficulty in allowing duty free import/domestic procurement of raw materials common for the manufacture/production of finished goods as well as for the manufacture of capital goods for use within the unit. The usage of inputs, imported or procured domestically, for manufacture of finished goods is allowed as per Standard Input Output norms (SION) [condition (d) (I) (ii) of opening paragraph of notification No. 52/2003-Cus dated 31.03.2003].

3. Raw materials for making capital goods for use within the unit is allowed vide Sl. No. 16 of Annexure-I of notification No. 52/2003-Cus dated 31.03.2003. Capital goods manufactured out of duty free inputs for use within the EOU are required to be accounted for and bonded as per the usual bonding procedure. While following the into-bond procedure, the value of such capital goods woud be assessed by following the computed value method in terms of the Customs valuation Rules, which would inter alia account for the raw material captively consumed in manufacture of capital goods. Such goods would be liable to duty as applicable in case of clearance outside the unit or debonding or exit from EOU scheme. Exemption from payment of duty of excise leviable under section 3 of the Central Excise Act, 1944 vide notification No. 24/2003-CE dated 31.03.2003 shall not be applicable in such cases.

4. Hence, it is clarified that the capital goods manufactured for captive use should be accounted & bonded by following the usual procedure and shall be liable for payment of duty while making clearances outside the unit or debonding or exit from the EOU scheme.

5. This issues with the approval of Central Board of Excise & Customs.

6. Wide publicity may please be given to these instructions by way of issuance of Public/Trade Notice. Difficulties, if any, in implementation of these instructions, may be brought to the notice of the Directorate General of Export Promotion.

7. Receipt of this circular may kindly be acknowledged. .

Yours faithfully

 

(Praveen Mahajan)

Director General