Notification No. 95/2009-Customs dated the 11.9.2009
Exemption notification for Vishesh Krishi and Gram Udyog
Yojana(VKGUY)scheme
G.S.R 661 (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 exempts
inputs or goods including capital goods, when imported into India against a duty
credit scrip (hereinafter referred to as the said scrip) issued under Vishesh
Krishi and Gram Udyog Yojana (Special Agriculture and Village Industry Scheme)
in accordance with paragraph 3.13.2 of the Foreign Trade Policy: -
(a) from the whole of the duty of customs leviable thereon under the First
Schedule to the Customs Tariff Act, 1975 (51 of 1975);and
(b) from the whole of the additional duty leviable thereon under section 3 of
the said Customs Tariff Act, 1975,
subject to the following conditions, namely :-
i. that the said scrip has been issued to an exporter of products specified in
paragraph 3.13.2 of the Foreign Trade Policy by the Licensing Authority or
Regional Authority and it is produced before the proper officer of customs at
the time of clearance for debit of the duties leviable on the goods;
ii. that the items allowed for import shall be in accordance with paragraph
3.17.5 of the Foreign Trade Policy;
iii. that the said scrip and goods imported against it shall be freely
transferable ;
iv. that the imports and exports are undertaken through seaports at Bedi
(including Rozi-Jamnagar), Chennai, Cochin, Dahej, Dharamtar, Haldia (Haldia
Dock complex of Kolkata port) Kakinada, Kandla, Kolkata, Krishnapatnam, Magdalla,
Mangalore, Marmagoa, Muldwarka, Mumbai, Mundhra, Nagapattinam, Nhava Sheva, Okha,
Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or
through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Chennai,
Cochin, Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata,
Lucknow (Amausi), Mumbai, Nagpur, Rajasansi (Amritsar), Srinagar, Trivandrum and
Varanasi or through any of the Inland Container Depots at Agra, Ahmedabad,
Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara,
Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi),
Daulatabad (Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Export
Promotion Industrial Park), Faridabad, Garhi Harsaru, Gauhati, Guntur,
Hyderabad, Jaipur, Jallandhar, Jamshedpur, Jodhpur, Kanpur, Karur, Kota, Kundli,
Loni (District Ghaziabad), Ludhiana, Madurai, Malanpur, Mandideep (District
Raisen), Miraj, Moradabad, Nagpur, Nasik, Pimpri (Pune), Pitampur (Indore),
Pondicherry, Raipur, Rewari, Rudrapur(Nainital), Salem, Singanalur, Surat,
Surajpur, Tirupur, Tuticorin, Udaipur, Vadodara, Varanasi, , Waluj (Aurangabad)
or through the Land Customs Station at Agartala, Amritsar Rail Cargo, Attari
Road, Changrabandha, Dawki, Ghojadanga, Hilli, Jogbani, Mahadipur, Nepalganj
Road, Nautanva (Sonauli), Petrapole, Ranaghat, Raxaul, Singhabad and Sutarkhandi
or a Special Economic Zone notified under section 4 of the Special Economic
Zones Act, 2005 (28 of 2005):
Provided that the Commissioner of Customs may with in the jurisdiction , by
special order, or by a Public Notice, and subject to such conditions as may be
specified by him, permits import and export from any other
seaport/airport/inland container depot or through any land customs station;
v. that the importer shall be entitled to avail of the drawback or CENVAT credit
of additional duty leviable under section 3 of the Customs Tariff Act, 1975 (51
of 1975) against the amount debited in the said scrip.
2. The following categories of exports specified in paragraph 3.17.2 of the
Foreign Trade Policy shall not be counted for calculation of export performance
or for computation of entitlement under the scheme:
i. EOUs / EHTPs / BTPs who are availing direct tax benefits / exemption;
ii. Export of imported goods covered under Para 2.35 of FTP;
iii. Exports through transshipment, meaning thereby that exports originating in
third country but transshipped through India;
iv. Deemed Exports;
v. Exports made by SEZ units or SEZ products exported through DTA units; and
vi. Items, which are restricted or prohibited for export under Schedule-2 of
Export Policy in ITC (HS).
Explanation .- For the purposes of this notification ,-
(i) “Capital goods” has the same meaning as assigned to it in paragraph 9.12 of
the Foreign Trade Policy;
(ii) "Foreign Trade Policy" means the Foreign Trade Policy 2009-2014, published
by the Government of India in the Ministry of Commerce and Industry vide
notification No.1 /2009-2014, dated the 27th August, 2009 as amended from time
to time;
(iii) "Licensing Authority or Regional Authority" means the Director General of
Foreign Trade appointed under section 6 of the Foreign Trade (Development and
Regulation ) Act,1992 (22 of 1992) or an officer authorised by him to grant a
licence under the said Act.
[F.No.605/58/2009-DBK]
Sd/-
(Rajesh Kumar Agarwal)
Under Secretary to the Government of India
ieport.com - India's Premier portal on DGFT, Customs and Central Excise matters