[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 42/2012-Customs
New Delhi, the 22nd June, 2012.
Ashadha 1 , 1934 SAKA
G.S.R. 498 (E). - In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notifications of the Government of India in the Ministry of Finance (Department of Revenue), specified in column (2) of the Table below, shall be amended or further amended, as the case may be, in the manner specified in the corresponding entry in column (3) of the said Table, namely :-
Table
5. | 104/2009-Customs,dated the 14th September, 2009 [ Videnumber G.S.R. 674 (E), dated the 14th September, 2009] | In the said notification,-
(a) in the opening paragraph, for the portion beginning with the words “hereby exempts” and ending with the brackets and words “ (hereinafter referred to as the said scrip),”, the following shall be substituted, namely:-
“hereby exempts – (i) capital goods; and (ii) components and spares and parts, for capital goods imported earlier, when imported into India against a duty credit scrip issued under the Status Holders Incentive Scheme in accordance with paragraph 3.16 of the Foreign Trade Policy (hereinafter referred to as the said scrip),”.
(b) for Condition (4), the following condition shall be substituted, namely:-
“(4) that the said scrip shall be non-transferable and shall be used for import of capital goods relating to the sectors specified in condition (1):
Provided that the capital goods specified in appendix 37B of the Hand Book of Procedures volume 1 shall not be allowed for import:
Provided further that the import of components and spares and parts against the said scrip shall be allowed only - (i) in respect of capital goods imported earlier, (ii) in respect of capital goods imported relating to the sectors specified in condition (1), and (iii) upto ten per cent. of the duty credit amount in the said scrip originally issued: Provided also that the said scrip shall be transferable amongst the status holders subject to the condition that the transferee status holder is a manufacturer and such transfer is endorsed by the Regional Authority, during the period of validity of the said scrip, mentioning the sectors for which the transferee has manufacturing facility and for which the transfer is granted:
Provided also that upon such transfer, the validity of the said scrip shall remain unchanged.”.
(c) after condition (5) , the following condition shall be inserted, namely:-
“(5A) that the components and spares and parts, for capital goods imported earlier, imported against the said scrip shall be meant for use in the capital goods already imported and subject to actual user condition and the importer at the time of clearance of the said components and spares and parts, shall furnish an undertaking to this effect to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, that in case of non compliance of the said condition, he shall pay on demand an amount equal to the duty leviable, but for the exemption contained herein together with interest at the rate of fifteen percent. per annum from the date of clearance of the said materials.”
(d) in the Explanation,-
(I) after clause (i), the following clauses shall be inserted, namely:-
“(ia) “Component” means one of the parts of a sub-assembly or assembly of which a manufactured product is made up and into which it may be resolved and it includes an accessory or attachment to another component.
(ib) “Spares” means a part or a sub-assembly or assembly for substitution, that is ready to replace an identical or similar part or sub-assembly or assembly and it includes a component or an accessory.
(ic) “Part” means an element of a sub-assembly or assembly not normally useful by itself, and not amenable to further disassembly for maintenance purposes which may be a component, spare or an accessory.”.
(II) in clause (iii), for the words “Licensing Authority”, the words “Licensing Authority or Regional Authority” shall be substituted. |
[F.No.605/12/2012-DBK]
(Rajesh Kumar Agarwal)
Under Secretary to the Government of India
Note: (i) The principal notification number 100/2009-Customs, dated the 11th September, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.666 (E), dated the 11th September, 2009 and was last amended by notification No. 40/2012-Customs, dated the 14th June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
(ii) The principal notification number 101/2009-Customs, dated the 11th September, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.667 (E), dated the 11th September, 2009 and was last amended by notification No. 40/2012-Customs, dated the 14th June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
(iii) The principal notification number 102/2009-Customs, dated the 11th September, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.668(E), dated the 11th September, 2009 and was last amended by notification No. 40/2012-Customs, dated the 14th June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
(iv) The principal notification number 103/2009-Customs, dated the 11th September, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.669(E), dated the 11th September, 2009 and was last amended by notification No. 40/2012-Customs, dated the 14th June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
(v) The principal notification number 104/2009-Customs, dated the 14th September, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.674(E), dated the 14th September, 2009 and was last amended by notification No. 40/2012-Customs, dated the 14th June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
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