CUS NTF NO. 52/2000 DATE 28/04/2000
Capital goods components and spare parts and materials imported against advance licence-Amendment to Notification No. 28/97-Cus., 29/97-Cus., 30/97-Cus. and 31/97-Cus.G.S.R. 370(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 hereto annexed, shall be further amended in the manner specified in the corresponding entry in column (3) of the said Table.
TABLE | Sl. No. | Notification No. and date | Amendment |
|---|
| (1) | (2) | (3) |
|---|
| 1. | 28/97-Customs, dated the 1st | In the said notification,-
(a) for the first proviso in condition the following shall be substituted, "Provided that in case of-
(i) manufacturer exporter and merchant exporter having supporting manufacturer(s)/ vendor (s),
(ii) import of irrigation equipment for use in contract farming for export of agriculture products, and
(iii) importer rendering services,
the capital goods may be install ed at the factory/ premises of such other person whose name and address are endorsed on the licence referred to in condition (1) and where the bond for full difference of duty, if necessary, in terms of condition (2), with a Bank Guarantee is executed by the importer and such other person binding themselves jointly and generally to fulfill the export obligation and all other conditions of this notification and to pay duty with interest in case of default
(b) a condition (6), and before the Table, the fol lowing paragraph shall be inserted namely:—
"2 Where the goods are found defective or unfit for use, the said goods may be re-exported, back to the foreign supplier within 3 years from the date of payment of duty on the importat ion thereof.
Provided that at the time of re-export the goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported." |
| (2) | 29/97-Customs date the 1st April, 1997 | In the said notification
(a) for the proviso in paragraph 2, in condition (6) the following proviso shall be substituted namely:-
"Provided that in case of
(i) manufacturer exporter and merchant exporter having supporting manufacturer (s)/ vendor(s)
(ii) Import of irrigation equipment for use in contract farming for export of agriculture products, and
(iii) importer rendering services, the capital goods may be installed at the factory/premises of such other persons whose name and address are endorsed on the licence referred to in condition (1) and where the bond for full difference of the duty. if necessary, in terms of condition (2). with a Bank Guarantee is executed by the importer and such other person binding themselves jointly and severally to fulfil the export obligation and all other conditions of this notification and to pay duty with interest in case of default"
(b) a paragraph 2 and before the Table the following paragraph shall be inserted namely:
"3. Where the goods are found defective or unfit for use, the said goods may be re-exported back to the foreign supplier within 3 years from the date of payment of duty on the importation thereof:
Provided that at the time of re-export the goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which are imported." |
| (3) | 30/97-Customs, dated the 1st April, 1997 | In the said notification:
after condition (viii) and before the Explanation the following paragraph shall be inserted, namely:
"2 Where the goods are found defective or unfit for use the said goods may be re-exported back to the foreign supplier within 3 years from the date of payment of duty on the importation thereof.
provided that at the time of re-export the goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported." |
| (4) | 31/97-Customs, dated the 1st April, 1997 | in the said notification,
after condition (vii) and before the Explanation the following paragraph shall be inserted, namely:
2. Where the goods are found defective or unfit for use, the said goods may be re-exported back to the foreign supplier within 3 years from the date of payment of duty on the importation thereof.
Provided that at the time of re-export the goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported." |
Sd/-
(Sandeep Ahuja)
Under Secretary to the Government of India
(Please see Cus Ntf.No.58/2001 dt.30/5/2001)Presented by eximkey.com