Notification No. 85/1998, Dated 5th Nov 1998

Exemption to specified goods when imported from Nepal.

              In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) and in supersession of the Notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 3/97-Cus., dated the 16th January, 1997, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods of the description specified in the Annexure below (hereinafter referred to as the specified goods) upto the value of clearances specified in column (2) of the Table below, (hereinafter referred to as the said Table) from so much of the duty of customs leviable under section 3 of the Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table when imported into India from Nepal.

Table

        Note: If any imports have taken place before the issue of this Notification under Notification No. 3/97-Customs, dated 16th January, 1997, whether at nil rate or otherwise, or under any other notification, such imports shall be taken into account for computing the limit of fifty lakh rupees for Sl. No. 1 above.

2.        The exemption contained in this notification shall be admissible to goods,-

(i)	manufactured in Nepal by small scale units which are eligible to be referred to as small scale units under the Nepal Industrial Policy of 5th December, 2001 ;
(ii)	imported into India ; and
(iii)	subject to a certificate, as appended to this notification, duly signed by an authorized signatory on behalf of His Majesty’s Government of Nepal, which is to be produced at the time of import.

3.            The exemption contained in this notification shall apply only subject to the following conditions, namely :-

(i)	where a manufacturer clears the specified goods from one or more factories, the exemption in his case shall apply to the total value of clearances mentioned against each of the serial numbers in the said Table, and not separately for each factory;
(ii)	where the specified goods are cleared by one or more manufacturers from a factory, the exemption shall apply to the total value of clearances mentioned against each of the serial numbers in the said Table and not separately for each manufacturer;
(iii)	the aggregate value of clearances of all goods by a manufacturer from one or more factories, or from a factory by one or more manufacturers, has not exceede