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.
| S. No. | Notification No. and date | Amendment |
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| (1) | (2) | (3) |
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| 1 | 3/88-Customs, dated the 14th January, 1988. | In the said notification, in the opening paragraph, (a) in clause (a) of condition (ix), for the words "prevalent at the time of import", the words "in force on the date of payment of such duty", shall be substituted;
(b) in condition (xi), after the third proviso, the following proviso shall be inserted, namely:
"Provided also that exchange of plain hand-made gold or plain hand-made silver or plain hand-made platinum jewellery, from any place in India to the said complex with the gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery, as the case may be, permitted subject to such conditions as may be prescribed by the Assistant Commissioner of Customs.";
(c) in condition (xvii), after clause (c) and entries relating thereto, the following shall be inserted, namely:
"(f). permit clearance of used packing materials, such as car-board boxes and polyethylene bags of a kind unsuitable for repeated use, without payment of any customs duty;
(g). permit clearance of parts and tools of machinery in Domestic Tariff Area without payment of duty for repairs and return thereof.,
(h). permit clearance of capital goods on payment of an amount equal to the customs duty leviable on such goods on the depreciated value thereof at the rate in force on the date of payment of such duty;
Provided that the importer shall not be eligible to avail of the exemption applicable to goods falling under heading No.98.01 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), or the exemption available to imported goods under the Export Promotion Scheme other than the Export Promotion Capital Goods Scheme permitting import of capital goods at the rate of duty of 10% ad valorem, or at zero rate of duty in terms of notification in force at the time of de-bonding.
Explanation.- The depreciation in respect of capital goods covered by clause (h) above shall be allowed for the period from the date of commencement of commercial production of the unit or where such goods have been imported after such commencement, from the date such goods have come into use for commercial production, upto the date of payment of duty." |
| 2. | 277/90-Customs, dated 12th December, | In the said notification, in the opening the paragraph,-
(a) in clause (a) of condition (x), for the words "prevalent at 1990. the time of import", the words "in force on the date of payment of such duty", shall be substituted;
(b) in condition (xii), after the third proviso, the following proviso shall be inserted, namely:
"Provided also that exchange of plain hand-made gold or plain hand made silver or plain hand-made platinum jewellery, from any place in India to the said undertaking with the gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery, as the case may be, permitted subject to such conditions as may be prescribed by the Assistant Commissioner of Customs."
(c) in condition (xvi), after clause (d) and entries relating thereto, the following shall be inserted, namely:
"(e). permit clearance of used packing materials such as cardboard boxes and polyethylene bags of a kind unsuitable for repeated use, without payment of any customs duty;
(f). permit clearance of parts and ' tools of machinery in Domestic Tariff Area without payment of duty for repairs and return thereof;
(g). permit clearance of capital goods on payment of an amount equal to the customs duty leviable on such goods on the depreciated value thereof at the rate in force on the date of payment of such duty;
Provided that the importer shall not be eligible to avail of the exemption applicable to goods falling under heading No.98.01 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), or the exemption available to imported goods under the Export Promotion Scheme other than the Export Promotion Capital Goods Scheme permitting import of capital goods at the rate of duty of 10% ad valorem, or at zero rate of duty in terms of notification in force at the time of de-bonding.
Explanation.- The depreciation in respect of capital goods covered by clause (g) above shall be allowed for the period from the date of commencement of commercial production of the unit or where such goods have been imported after such commencement, from the date such goods have come into use for commercial production, upto the date of payment of duty." |
| 3. | 177/94 Customs, dated 21st October, 1994. | In the said notification, in the opening the paragraph,-
(a) in condition (7), after clause (v) and entries relating thereto, the following shall be inserted, namely:-
(vi). permit clearance of used packing materials, such as cardboard boxes and polyethylene bags of a kind unsuitable for repeated use, without payment of any customs duty;
(vii). permit clearance of parts and tools of machinery in Domestic Tariff Area without payment of duty for repairs and return thereof.,
(viii). permit clearance of capital goods out of the zone on payment of an amount equal to the customs duty leviable on such goods on the depreciated value thereof at the rate in force on the date of payment of such duty;
Provided that the importer shall not be eligible to avail of the exemption applicable to goods falling under heading No.98.01 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), or the exemption available to imported goods under the Export Promotion Scheme other than the Export Promotion Capital Goods scheme permitting import of capital goods at the rate of duty of 10% ad valorem,or at zero rate of duty in terms of notification in force at the time of de-bonding.
Explanation.- The depreciation in respect of capital goods covered by clause (viii) above shall be allowed for the period from the date of commencement of commercial production of the unit or where such goods have been imported after such commencement, from the date such goods have come into use for commercial production, upto the date of payment of duty."
(b) in condition (8), after the second proviso, the following proviso shall be inserted, namely:- ,
"Provided also that exchange of plain hand-made gold or plain hand-made silver or plain hand-made platinum jewellery, from any place in India to the said zone with the gold or silver or platinum of the same purity and quantity in weight as that of gold or silver or platinum jewellery, as the case may be, permitted subject to such conditions as may be prescribed by the Assistant Commissioner of Customs;". |