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Customs Notification, Circulars Notifications Notifications Issued Till 31-12-1999 Tariff CUS NTF NO. 05/1998 DATE 10/03/1998

CUS NTF NO. 05/1998 DATE 10/03/1998

Goods for Petro Operation - Duty off
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 amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 11/97-Customs dated the 1st March, 1997, namely:-

In the said notification,-

(1) In the TABLE, after S. No. 154 and the entries relating thereto, the following serial number and entries shall be inserted, namely:-

(1)	(2)	(3)	(4)	(5)	(6)
"154A	84 or any other chapter	Goods specified in List 12 required in connection with petroleum operations undertaken under specified contracts	Nil	Nil	36A";

(2) In the ANNEXURE, for condition No. 36 and the entries relating thereto, the following condition Nos. and entries shall be substituted, namely:-

Condition No.	Conditions
36	If,- (a) the goods are imported by an Indian Company or Companies, a Foreign Company or Companies or a consortium of an Indian Company or companies and a Foreign Company or Companies (hereinafter referred to as the "contractor") or a sub-contractor of such Company or Companies or consortium and in each case in connection with petroleum operations to be undertaken under a contract with the Government of India: (b) Where the importer is a contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following namely:- (i) a certificate from a duly authorised officer of the Directorate General of Hydro Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the imported goods are required for petroleum operations referred to in clause (a) and have been imported under the contract referred to in that clause, and (ii) a certificate, in the case of a contract entered into by the Government of India and a consortium of an Indian Company or Companies and a Foreign Company or Companies, that no foreign exchange remittance is made for the imports of such goods undertaken by such Foreign Company or Companies. (c) Where the importer is a sub-contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following, namely:- (i) a certificate from a duly authorised officer of the Directorate General of Hydro-Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the imported goods are required for petroleum operations referred to in clause (a) and have been imported under the contract referred to in the clause and containing, the name of such sub-contractor. (ii) an affidavit to the effect the such sub-contractor is a bonafide sub-contractor of a contractor. (iii) an undertaking from such contractor binding him to pay any duty, or penalty that may become payable, if any of the conditions of this notification are not complied with, by such sub-contractor or contractor, as the case may be; and (iv) a certificate, in the case of a contract entered into by the Government of India and a foreign Company or Companies and a foreign Company or Companies, that no foreign exchange remittance is made for the import of such goods undertaken by the sub contractor on behalf of the Foreign Company or Companies.
36A	If,- (a) the goods are imported by an Indian Company or Companies, a Foreign Company or Companies, or a consortium of an Indian Company or Companies and a Foreign Company or Companies (hereinafter referred to as the "contractor") or a sub-contractor of such Company or Companies or such consortium and in each case in connection with petroleum operations to be undertaken under a contract signed with the Government of India,on or after the 1st day of April, 1998, under the New Exploration Licensing Policy; (b) where the importer is a contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following namely:- (i) a certificate from a duly authorised officer of the Directorate General of Hydro Carbons, in the Ministry of Petroleum and Natural Gas. Government of India, to the effect that the imported goods are required for such petroleum operations and have been imported under a contract signed under the New Exploration Licensing Policy and containing the name of such sub-cotractor. (ii) a certificate in the case of a contract entered into the Government of India and a Foreign Company or Companies or the Government of India.

Condition No.

Conditions

If,-

(a) the goods are imported by an Indian Company or Companies, a Foreign Company or Companies or a consortium of an Indian Company or companies and a Foreign Company or Companies (hereinafter referred to as the "contractor") or a sub-contractor of such Company or Companies or consortium and in each case in connection with petroleum operations to be undertaken under a contract with the Government of India:

(b) Where the importer is a contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following namely:-

(i) a certificate from a duly authorised officer of the Directorate General of Hydro Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the imported goods are required for petroleum operations referred to in clause (a) and have been imported under the contract referred to in that clause, and

(ii) a certificate, in the case of a contract entered into by the Government of India and a consortium of an Indian Company or Companies and a Foreign Company or Companies, that no foreign exchange remittance is made for the imports of such goods undertaken by such Foreign Company or Companies.

(c) Where the importer is a sub-contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following, namely:-

(i) a certificate from a duly authorised officer of the Directorate General of Hydro-Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the imported goods are required for petroleum operations referred to in clause (a) and have been imported under the contract referred to in the clause and containing, the name of such sub-contractor.

(ii) an affidavit to the effect the such sub-contractor is a bonafide sub-contractor of a contractor.

(iii) an undertaking from such contractor binding him to pay any duty, or penalty that may become payable, if any of the conditions of this notification are not complied with, by such sub-contractor or contractor, as the case may be; and

(iv) a certificate, in the case of a contract entered into by the Government of India and a foreign Company or Companies and a foreign Company or Companies, that no foreign exchange remittance is made for the import of such goods undertaken by the sub contractor on behalf of the Foreign Company or Companies.

36A

If,-

(a) the goods are imported by an Indian Company or Companies, a Foreign Company or Companies, or a consortium of an Indian Company or Companies and a Foreign Company or Companies (hereinafter referred to as the "contractor") or a sub-contractor of such Company or Companies or such consortium and in each case in connection with petroleum operations to be undertaken under a contract signed with the Government of India,on or after the 1st day of April, 1998, under the New Exploration Licensing Policy;

(b) where the importer is a contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following namely:-

(i) a certificate from a duly authorised officer of the Directorate General of Hydro Carbons, in the Ministry of Petroleum and Natural Gas. Government of India, to the effect that the imported goods are required for such petroleum operations and have been imported under a contract signed under the New Exploration Licensing Policy and containing the name of such sub-cotractor.

(ii) a certificate in the case of a contract entered into the Government of India and a Foreign Company or Companies or the Government of India.

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