Notification No. 7/2004, Dated 8th Jan 2004

 8^th  January, 2004.

Notification No. 7 /2004-Customs

     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 makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the 1^st March, 2002, namely:-

In the said notification,-

(A)  after  Condition No. 92 and the entries relating thereto, the following  shall be inserted, namely:-

Condition No.	Conditon
“ 93.	f the importer produces a certificate from an officer not below the rank of a Joint Secretary to the Government of India in the Ministry of Home Affairs that the imported goods are required for call interception and monitoring, to be used by authorized security agencies.
94.	If the  importer, at the time of importation, where the goods are imported for,–   (i) initial setting up of a unit, furnishes an undertaking to the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, that the value of the investment to be made, in fixed assets in plant and machinery (excluding land and building) in the said unit, within a period of two years from the date of first import under this exemption, shall not be less than rupees five crore and  in the event of failure to comply with this condition, he shall pay an amount equal to the difference between the duty leviable on the said imported goods but for the exemption under this notification and that already paid at the time of importation;   (ii) substantial expansion of an existing unit, proves to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, that the value of the investment made, in fixed assets in plant and machinery (excluding land and building) in the said unit, is more than rupees five crore at the time of first import under this exemption.”;

(B)  in the Lists,-  

(i) in List 3,-

 (a) for item (58), the following item shall be substituted, namely:-

            (b) after item (104), the following items shall be inserted, namely:-

(ii) in List 37,-

            (a) for item (92), the following item shall be substituted, namely:-  

(b) after item (98), the following items shall be inserted, namely:-

(iii) in List 38, after item (36), the following items shall be inserted, namely:-  

(iv) after List 46 and the entries relating thereto, the following shall be inserted, namely:-  

“List 47 ( See S.No.439 of the Table)  

1. Scramblers

2. Descramblers

3. Encoders

4. Decoders

5. Jammers

6. Network firewalls

7. Network sniffers, scanners and monitoring systems

8. Probes for data monitoring

9. SMS and MMS monitoring systems”.

2.     This notification shall come into force on the 9^th day of January, 2004.

G.S.Karki 
Under Secretary to the Government of India

F.No.349/1/2004-TRU]

Note:- The principal notification No.21/2002-Customs dated the dated the 1^st March, 2002, was published in the Gazette of India, Extraordinary, vide G.S.R.118 (E), dated the 1^st March, 2002,and was last amended by notification No.3/2004-Customs, dated the 7^th January, 2004 [G.S.R. 15 (E), dated the 7^th January, 2004].