CUS NTF NO. 80/1970 DATE 29/08/1970

Replacement of defective articles
As amended by Notification No. 129/86-Cus dated 17-2-1986.

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 exempts articles and component parts thereof, when imported respectively for the replacement of defective articles or of component parts thereof, from the whole of the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and from the whole of the additional duty leviable thereon udner section 3 of the said Customs Tariff Act, subject to the following conditions, namely :-

(i) the defective articles were brought into India earlier from places outside India by an importer who is an individual and the defective articles are his private personal properties;

(Condition (i) has been substituted vide CUS NTF NO. 21/2006 DATE 01/03/2006)

[OLDi.the defective articles were brought into India earlier from places outside India and are private personal properties of the importer;]

ii. the articles or component parts thereof, as the case may be, are imported within the warranty period and are supplied free of charge by the foreign manufacturer in terms of the warranty given by the manufacturer in accordance with the established trade practice pertaining to the articles;

iii. the repairs including replacement of the defective parts are done free of charge by the manufacturer through his agent or branch in India; and

iv. the defective articles or component parts thereof if not re-exported, are destroyed, or surrendered to the Customs.

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