Notification No. 09/2000, Dated 28th Jan 2000

This notification amends notification No. 138/91-Customs, dated the 22nd October, 1991, 140/91 – Customs, dated the 22nd October, 1991, 95/93 - Customs, dated the 2nd March, 1993, 96-93-Customs, dated the 2nd March , 1993, 126/94-Customs, dated the 3rd June , 1994, 133/94 –Customs, dated the 22nd June, 1994, 196/94-Customs, dated the 8th December, 1994 and 53/97-Customs, dated the 3rd June, 1997,

28^th January, 2000.

Notification No. 09 / 2000-CUS

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 hereto annexed 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.

TABLE

S.No-

Notification No. and date

Amendment

(1)

(2)

(3)

138/91-Customs, dated the 22^ndOctober, 1991.

In the said notification,-
(a) In condition (6), for the portion beginning with the words "where it is shown" and ending with the words "Standing Committee to clear", the following shall be substituted, namely:-"the Assistant commissioner of Customs may, subject to such condition and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Standing Committee where it is exclusively required under the Export and Import Policy, as hereinafter referred to in this condition, allow the said unit to clear";

(b) in condition (11), for the words "the Commissioner of Customs", the following words shall be substituted, namely:-

"the Assistant Commissioner of Customs".

140/91 – Customs, dated the 22^ndOctober, 1991

In the said notification,-
(a) in condition (6), for the portion beginning with the words "where it is shown" and ending with the words "Standing Committee to clear", the following shall be substituted, namely:-

the Assistant Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Standing committee where it is exclusively required under the Export and Import Policy, as hereinafter referred to in this condition, allow the said unit to clear"; (b) in Condition (11), for the words "the Commissioner of Customs", the following words shall be substituted, namely:-
"the Assistant Commissioner of Customs".

95/93-Customs, dated the 2^ndMarch, 1993.

In the Said notification,-

in condition (7), for the portion beginning with the words, "where it is shown" and ending with the words "designated officer or the Committee to clear", the following shall be substituted, namely:-

the Assistant Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the designated officer or the Committee where it is exclusively required under Export and Import Policy, allow the said unit to clear";
for condition number (13) and the entries relating thereto, following shall be substituted, namely:

"(13) the Assistant Commissioner of Customs may, subject to such Conditions as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest, allow a unit to re-export goods";

(c) in the Table, against serial number 7 in column (2), for the entries, the following entries shall be substituted, namely:-
"Sample/proto-types of electronics hardware/software covered by the manufacturing activity."

96-93-Customs, dated the 2^ndMarch , 1993

In the said notification , -
(a) in condition (7), for the portion beginning with the words, "where it is shown" and ending with the words "designated officer of the Committee to clear" the following shall be substituted, namely:-

"the Assistant Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the designated officer or the Committee where it is exclusively required under Export and Import Policy, allow the said unit to clear" ;
(b) for condition number (13) and the entries relating thereto, the following shall be substituted, namely:-
"(13) the Assistant Commissioner of Customs may, subject to such conditions as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest, allow a unit to re-export goods";
(c) in the Table, against serial number 7 in column (2) , for the entries, the following entries shall be substituted, namely:-
"Sample/proto-types of electronics hardware/software/ covered by the manufacturing activity."

126/94-Customs, dated the 3^rdJune , 1994.

In the said notification , -
(a) in paragraph 2, for the portion beginning with the words, "where it is shown" and ending with the words "to clear any of the said goods for being taken to any other place in India" , the following shall be substituted, namely:-

"the Assistant Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Development Commissioner or Board of Approvals where it is exclusively required under the Export and Import Policy, allow the said unit to clear any of the said goods for being taken to any other place in India in accordance with the Export-Import Policy" ;

(b) in Annexure II, the item number 8 and the entries relating thereto shall be omitted.

133/94 –Customs, dated the 22^nd June, 1994.

In the said notification ,-
In paragraph 4, for the portion beginning with the words "where it is shown to the satisfaction of the Assistant commissioner of Customs" and ending with the words "Development Commissioner of the zone, " the following shall be substituted, namely:-

"the Assistant Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to the case for the proper safeguard of the revenue interest and also subject to such permission of the Development Commissioner of the zone, where it is exclusively required under the export-Import Policy, allow any unit in the zone to clear any of the said goods for being taken outside the zone, to any other place in India"

196/94-Customs, dated the 8^thDecember, 1994

In the said notification , -
(a) in condition (7), for the words "Commissioner of Customs" the words "Assistant Commissioner Customs" shall be substituted;

(b) in condition (8) , for the portion beginning with the words, "where it is shown to the satisfaction of the Assistant Commissioner of Customs" and ending with the words "allowed by the Development Commissioner or the Board to clear any of the said goods", the following shall be substituted, namely:-

"the Assistant Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Development Commissioner or the Board of Approvals where it is exclusively required under the Export-Import Policy, allow the said unit to clear any of the said goods" ;

(c) in the Table, -
(i) against serial number 3 under column heading "Description of Goods" for the entries, the following shall be substituted, namely:- "Captive power plant including power generating set up to a capacity of 1000 KVA as recommended by the Development Commissioner and accessories" ;

(ii) after serial number 3 and the entries

serial number 3 and the entries relating thereto, the following shall be inserted, namely:-

Sl. No	Description of goods
"3A	Captive power plant including power rating power generating set of a capacity exceeding 1000 KVA as recommended by the said Board of Approval and accessories" ;

53/97-Customs, dated the 3^rdJune, 1997 .

In the said notification, -

(a) in condition (5), for the portion beginning

beginning with the words, "where it is shown to the satisfaction of the Assistant Commissioner of Customs" and ending with the words "by the Development Commissioner or the Board to clear any of the said goods", the following shall be substituted, namely:-

"The Assistant Commissioner of Customs may, subject to such conditions and limitations as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest and also subject to such permission of the Development Commissioner or the Development Commissioner or the Board where it is exclusively required under the said Export-Import Policy, allow any of the said unit to clear any of the said goods" ;

(b) for condition number (10) , and the entries relating thereto the following condition number and entries shall be substituted, namely:-"(10 ) The Assistant Commissioner of Customs may, subject to such condition as he may deem fit to impose under the circumstances of the case for the proper safeguard of the revenue interest, permit a unit to re-export the goods" ;(c) in against serial number 7, in column the words. "on the recommendation of the Development Commissioner" Shall be omitted.

(RAJENDRA SINGH)
UNDER SECRETARY TO THE GOVERNMENT OF INDIA

F.No.305/129/99-FTT

Note. –

The principal notification No. 138/91- Customs, dated the 22^nd October, 1991 was issued vide G.S.R. 639 (E), dated the 22^nd October, 1991 and was last amended by notification No. 65/99-Customs, dated the 19^th May 1999, issued vide G.S.R. No. 369 (E), dated the 19^th May, 1999.
The principal notification No. 140/91-Customs, dated the 22^nd October, 1991 was issued vide G.S.R. 641 (E), dated 22-11-91, and was last amended by notification No. 65/99-Customs, dated the 19^th May, 1999. Issued vide G.S.R. 369 (E), dated the 19^th May, 1999.
The principal notification No. 95/93-Customs, dated the 2^nd March, 1993, was issued vide G.S.R. 254 (E), dated 2-3-93, and was last amended by notification No.65/99-Customs, dated the 19^th May 1999, issued vice G.S.R. 369 (E), dated the 19^th May, 1999.
The principal notification No. 96/93-Customs, dated the 2^nd March, 1993 was issued vide G.S.R. 255 (E), dated the 2^nd March, 1993 and was last amended by notification No. 65/99-Customs, dated, the 19^th May 1999, issued vide G.S.R. 369 (E), dated the 19^th May, 1999.
The principal notification No. 126/94-Customs, dated the 3^rd June, 1994 was issued vide G.S.R. 488 (E), dated the 3^rd June, 1994 and was last amended by notification No. 65/99-Customs, dated the 19^th May 1999, issued vide G.S.R. 369 (E), dated the 19^th May, 1999.
The principal notification No 133/94-Customs, dated the 22^nd June, 1994 was issued vide G.S.R. 526 (E), dated the 22^nd June, 1994 and was last amended by notification No. 65/99-Customs, dated the 19^th May 1999, issued vide G.S.R. 369 (E), dated the 19^th May, 1999.
The principal notification No. 196/94-Customs, dated the 8^th December, 1994 was issued vide G.S.R. 856 (E), dated the 8^th December, 1994 and last amended by notification No. 65/99-Customs, dated the 19^th May 1999, issued vide G.S.R. 369 (E), dated the 19^th May, 1999.
The principal notification No. 53/93-Customs, dated the 3^rd June, 1997, was issued vide G.S.R. 302 (E), dated the 3^rd June, 1997 and was last amended by notification No. 65/99-Customs, dated the 19^th May 1999, issued vide G.S.R. 369 (E), dated the 19^th May, 1999.

Notification No. 09/2000, Dated 28th Jan 2000

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