Circular
No.109/95-Cus.
dated 13/10/95
F.No. 602/12/95-
DBK
Government of India
Ministry of Finance
Department of Revenue,
New Delhi
Subject : QBAL - Licences
issued under Para 62/62A of EXIM Policy will be same as under para 50 of
the Policy
The Commissioner of Customs, Bombay had made a reference to the Ministry
regarding the difficulty faced by the Bombay Customs House in extending
benefit of the exemption Notification No. 204/ 92-Customs dated 19.5.92
on inputs imported against a Quantity based licence issued under para 62A
of the Exim Policy. It was stated that the term "Advance Licence" in Notfn.
No. 204/92-Cus. has been defined as a Quantity Based Licence issued under
para 50, 55, or 72 of the Exim Policy; and that the definition does not
specifically cover those Quantity based Licenses which are being issued
under para 62A of the Exim Policy and hence the difficulty in extending
duty benefits under Notfn. No. 204/ 92-Customs in respect of Quantity Based
licences issued under para 62 of the Exim Policy.
2. The
matter was referred to the DGFT who have now 'clarified that Quantity based
advance Licence issued under production Programme on the basis of criteria
laid down in paragraphs 62 or 62A of the Export and Import Policy
should be deemed to have been issued under para 50 or 55 as the case may
be, of the policy for all purposes. This clarification was given in respect
of licences already issued by them. It has also been clarified by the DGFT
that in future case QBAL licences under para 62 or 62A of the Exim Policy
will be issued by them under para 50 of the policy. A copy1
of the letter dated 5th Sept., 1995 by the DGFT to member (Cus & EP)
clarifying the matter is enclosed for your ready reference.
3. In case
of any doubt, the matter may please be referred to the Board. necessary
instructions in the form of Public Notice/ standing Order for the information
of the trade / guidance of the staff may be issued and copies of the same
be forwarded to Comm (DBK)/ Director General of Inspection and Audit (Customs
& Central Excise), New Delhi.
Sd/-
(Sunil Kumar)
Director (DBK)