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270                         EXCISE LAW TIMES                    [ Vol. 372

                                            ments for the supply are made from the Foreign Currency Account of the
                                            Unit :
                                                 Provided that the reimbursement of duty in lieu of drawback or Duty
                                            Entitlement Pass  Book credit against supply of goods by Domestic Tariff
                                            Area supplier to Special Economic Zone developers shall be admissible
                                            even if payment is made in Indian Rupees. Reimbursement of duty in lieu
                                            of drawback against supply of goods to Special Economic Zone developer
                                            shall be made as per the procedure prescribed by the Central Government.
                                            (9)  A copy of the Bill of Export and ARE-1 with an endorsement of the
                                            Authorised Officer that the goods have been admitted in full in the Special
                                            Economic Zone, shall be treated as proof of export.
                                            (10)  Where the goods are to be procured by a Unit or Developer from a
                                            Domestic Tariff Area supplier who is not registered with the Central Excise
                                            authorities, or is a trader or merchant exporter, the procedure under sub-
                                            rules (1) and (2) above shall apply, mutatis mutandis, except that the goods
                                            shall be brought to the Special Economic Zone under the cover of an invoice
                                            and the ARE-1 shall not be required.
                                            (11)  The Unit or Developer may also procure goods from Domestic Tariff
                                            Area without availing exemptions, drawbacks and concessions on the basis
                                            of invoice or transport documents, issued by the supplier :
                                                 Provided that such invoices or transport documents shall be endorsed
                                            to the effect that no exemptions,  drawbacks and concessions have been
                                            availed on the said supplies.
                                            (12)   Procedure for procurement from warehouse shall be as under :-
                                                  (a)  where goods are to be procured from warehouse, a Unit or
                                                      Developer shall file a Bill of Entry with the Specified Officer;
                                                  (b)  the Unit or Developer shall submit Bill of Entry assessed by
                                                      the Authorized Officer to the Customs Officer in charge of the
                                                      warehouse from where the Special Economic Zone Unit or
                                                      Developer intends to procure the goods;
                                                  (c)   the Customs  Officer in charge of the warehouse shall allow
                                                      clearance of the goods from the warehouse for supply to the
                                                      Unit or Developer without payment of duty on the cover of
                                                      exbond Shipping Bill and on the basis of Bill of Entry duly as-
                                                      sessed by the Authorized Officer;
                                                  (d)  where the re-warehousing certificate by way of endorsement
                                                      by the Authorized Officer on  the copy of ex-bond Shipping
                                                      Bill is not received by the Customs Officer in charge of ware-
                                                      house within forty-five days from the date of clearance of the
                                                      goods from the warehouse, the Customs Officer in charge of
                                                      the warehouse shall proceed to demand applicable duty from
                                                      the supplier :
                                                 Provided that for procurement of goods from Nominated Agency lo-
                                            cated in Special Economic Zone, the procedure as specified by Specified Of-
                                            ficer shall be followed and there shall be no requirement of assessment of
                                            Bill of Entry or transfer of the goods under the cover of ex-bond Shipping
                                            Bill.
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