Page 132 - ELT_1st August 2020_Vol 373_Part 3
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314                         EXCISE LAW TIMES                    [ Vol. 373

                                                 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 Spe-
                                            cial 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 ware-
                                                  house from where the Special Economic Zone Unit or Developer in-
                                                  tends 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 Ship-
                                                  ping Bill and on the basis of Bill of Entry duly assessed by the Au-
                                                  thorized 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 warehouse 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.
                                                 (13)  A Special Economic Zone Unit or Developer may also procure
                                            goods from international exhibitions held in India following the procedures
                                            under sub-rule (12).
                                                 (14)  A Unit or Developer may also procure goods or services, with-
                                            out payment of duty from an Export Oriented Unit or Software Technology

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