CUSTOMS
NOTIFICATION No.56/2001 Dated 18th May, 2001
Amendments to various Customs Notifications
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.
Table
Sr.
No. |
Notification
No. and
Date |
Amendment |
(1) |
(2) |
(3) |
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|
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1. |
3/88-Cus,
dated the 14th
January, 1988 |
In
the said notification, in the first paragraph,- (a)
in condition (xv), for the words, “Delhi and Bombay”, the words
“Calicut, Chennai, Cochin, Delhi, Hyderabad, Kolkata, Mumbai,
Thiruvnanthapuram and visakhapatnam” shall be substituted; |
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(b)
in condition (xvii),- |
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(i)
in sub-condition (d), for the words “Gem and Jewellery Export Promotion
Council”, the words “Development Commissioner” shall be substituted; |
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(ii)
in the proviso, for the words and figures “duty of 10% ad valorem, or at
zero rate of duty”, the words and figure “duty of 5% ad valorem”
shall be substituted. |
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2. |
277/90-Cus,
dated the
12th December, 1990 |
In
the said notification, in the first paragraph,- (a)
condition (ii) shall be omitted; |
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(b)
in condition (xv), for the words “Trivandrum and Delhi”, the words
“Thiruvnanthapuram, Delhi and Bangalore” shall be substituted; |
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(c)
in condition (xvi),- |
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(i)
in sub-condition (c), for the words “Gem and Jewellery Export Promotion
Council”, the words “Development Commissioner” shall be substituted; |
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(ii)
in the proviso, for the words and figures “duty of 10% ad valorem, or at
zero rate of duty”, the words and figure “duty of 5% ad valorem”
shall be substituted. |
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3. |
177/94-Cus,
dated the 21st
October, 1994 |
In
the said notification, in the first paragraph,- (a)
in condition (7),- |
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(i)
in sub-condition (iv), for the words “Gem and Jewellery Export Promotion
Council”, the words “Development Commissioner” shall be substituted; |
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(ii)
in the proviso to sub-condition (viii), for the words and figures “duty
of 10% ad valorem, or at zero rate of duty”, the words and figure
“duty of 5% ad valorem” shall be substituted. |
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|
(b)
in condition (12), for the words “Delhi and Bombay”, the words
“Calicut, Chennai, Cochin, Delhi, Hyderabad, Kolkata, Mumbai,
Thiruvnanathapuram and Visakhapatnam” shall be substituted. |
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4. |
138/91-Cus,
dated the 22nd
October, 1991. |
In
the said notification,- (a)
in the first paragraph, - |
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(i)
in condition (6), in the proviso, for the words and figures “duty of 10%
ad valorem”, the words and figure “Duty of 5% ad valorem” shall be
substituted; |
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(ii)
in condition (9), for the words, figures and brackets “Central Excises
and Salt Act, 1944 (1 of 1944):” the following shall be substituted,
namely:- |
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“Central
Excise Act, 1944 (1 of 1944), or where such software, data entry and
conversion, data processing, data analysis and control data management is
non-excisable, customs duty equal in amount to that leviable on the inputs
obtained under this notification and used for the purpose of manufacture
or development of such software, data entry and conversion, data
processing, data analysis and control data management, which would have
been paid but for the exemption under this notification, shall be payable
at the time of clearance of such software, data entry and conversion, data
processing, data analysis and control data management:”; |
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(b)
in the Table, after serial number 11, the following shall be inserted,
namely:- |
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“12.
Raw materials for making capital goods for use within the unit for the
purpose of production or manufacture of export goods. |
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13.
Any other item required in relation to production of export goods with the
prior approval of Inter-Ministerial Standing Committee.”; |
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5. |
140/91-Customs,
dated the
22nd October, 1991. |
In
the said notification,- (a)
in the first paragraph,- |
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(i)
in condition (6), in the proviso, for the words and figures “duty of 10%
ad valorem”, the words and figure” duty of 5% ad valorem” shall be
substituted; |
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(ii)
in condition (9), for the words, figures and brackets “Central Excises
and Salt Act, 1944 (1 of 1944):” the following shall be substituted,
namely:- |
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|
“Central
Excise Act, 1944 (1 of 1944), or where such software, data entry and
conversion, data processing, data analysis and control data management is
non-excisable, customs duty equal in amount to that leviable on the inputs
obtained under this notification and used for the purpose of manufacture
or development of such software, data entry and conversion, data
processing, data analysis and control data management, which would have
been paid but for the exemption under this notification, shall be payable
at the time of clearance of such software, data entry and conversion, data
processing, data analysis and control data management:”; |
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(b)
in the Table, after serial number 11, the following shall be inserted,
namely:- |
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“12.
Raw materials for making capital goods for use within the unit for the
purpose of production or manufacture of export goods. |
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13.
Any other item required in relation to production of export goods with the
prior approval of Inter-Ministerial Standing Committee.”; |
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6. |
95/93-Cus,
dated the 2nd
March, 1993. |
In
the said notification,- (a)
in the first paragraph, - |
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|
(i)
in condition (7), in the proviso, for the words and figures “duty of 15%
ad valorem”, the words and figure” duty of 5% ad valorem” shall be
substituted; |
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(ii)
in condition (15), in clause (a), for the words “on payment of customs
duty on imported goods used for the manufacture or development of
electronics hardware or software in an amount equal to the customs duty
leviable on such articles as if imported as such;”, the following shall
be substituted, namely:-, |
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“custom
duty equal in amount to that leviable on the inputs obtained under this
notification and used for the purpose of manufacture or development of
such hardware or software (including rejects, waste and scrap material
arising in the course of manufacture and development of such electronic
hardware or software), which would have been paid, but for the exemption
under this notification, shall be payable at the time of clearance of such
electronic hardware or software (including rejects, waste and scrap
material arising in the course of manufacture and development of such
hardware or software)’;”; |
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(iii)
after condition (16), the following shall be inserted, namely:- |
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“(17)
The Assistant Commissioner of Customs or Deputy Commissioner of Customs
may, subject to such conditions or limitations as may be specified by him
in this behalf, and subject to approval of the Inter-Ministerial Standing
Committee, permit the goods imported or procured by the unit or goods
partially processed or manufactured or packaged therefrom to be taken out
of India for the purpose of processing if such processing is not available
in India, without payment of duty, and to be returned to the said unit
thereafter.”; |
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(b)
in the Table, after Sl. No.15, the following shall be inserted, namely:- |
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“16
Raw materials for making capital goods for use within the unit for the
purpose of production or manufacture of export goods. |
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17
Any other item required in relation to production of export goods with the
prior approval of Inter-Ministerial Standing Committee.”; |
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7. |
96/93-Customs,
dated the 2nd
March, 1993. |
In
the said notification,- (a)
in the first paragraph,- |
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|
(i)
in condition (7), in the proviso, for the words and figures “duty of 15%
ad valorem”, the words and figure” duty of 5% ad valorem” shall be
substituted; |
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(ii)
in condition (15), in clause (a), for the words “on payment of customs
duty on imported goods used for the manufacture or development of
electronics hardware or software in an amount equal to the customs duty
leviable on such articles as if imported as such;”, the following shall
be substituted, namely:-, |
|
|
“custom
duty equal in amount to that leviable on the inputs obtained under this
notification and used for the purpose of manufacture or development of
such hardware or software (including rejects, waste and scrap material
arising in the course of manufacture and development of such electronic
hardware or software), which would have been paid, but for the exemption
under this notification, shall be payable at the time of clearance of such
electronic hardware or software (including rejects, waste and scrap
material arising in the course of manufacture and development of such
hardware or software)’;”; |
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(iii)
after condition (16), the following shall be inserted, namely:- |
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“(17)
The Assistant Commissioner of Customs or Deputy Commissioner of Customs
may, subject to such conditions or limitations as may be specified by him
in this behalf, and subject to approval of the Inter-Ministerial Standing
Committee, permit the goods imported or procured by the unit or goods
partially processed or manufactured or packaged therefrom to be taken out
of India for the purpose of processing if such processing is not available
in India, without payment of duty, and to be returned to the said unit
thereafter.”; |
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(b)
in the Table, after Sl. No.15, the following shall be inserted, namely:- |
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|
“16
Raw materials for making capital goods for use within the unit for the
purpose of production or manufacture of export goods. |
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17
Any other item required in relation to production of export goods with the
prior approval of Inter-Ministerial Standing Committee.”; |
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8. |
126/94-Cus
dated the 3rd
June, 1994. |
In
the said notification,- (a)
in the first paragraph, in condition (6), after clause (d), the following
shall be inserted, namely:- |
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“(e)
permit destruction of rejects and waste without payment of duty within the
unit, or outside the said unit, where it is not possible or permissible to
destroy the same within the said unit, in the presence of Customs or
Central Excise officer.”; |
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(b)
in paragraph 2, in the proviso, for the wards and figures “duty of 15%
ad valorem”, the words and figure “duty of 5% ad valorem”, shall be
substituted; |
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(c)
in paragraph 3, in clause (a), for the words “on payment of customs duty
on the said goods used for the purpose of production, manufacture or
packaging of such articles in an amount equal to the customs duty leviable
on such articles as if imported as such.”, the following shall be
substituted, namely:- |
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“customs
duty equal in amount to that leviable on inputs obtained under this
notification and used for the purpose of production, manufacture or
packaging of such articles, which would have been paid, but for the
exemption under this notification, shall be payable at the time of
clearance of such articles.” |
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9. |
133/94-Cus,
dated the 22nd
June, 1994. |
In
the said notification,- (a)
in the first paragraph, in condition (6),
and sub-condition (iv), the
following sub-condition shall be inserted, namely:- |
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“(v)
permit after approval of the Board of Approval, the said goods, or goods
partially processed or manufactured, or packaged therefrom in the unit to
be taken out of India for the purpose of processing if such processing is
not available in India, without payment of duty and to be returned to the
said unit thereafter,;” |
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(b)
in the paragraph 3, for the wards “on payment of customs duty on the
said goods used for the purpose of production, manufacture, processing or
packaging of such articles in an amount equal to the customs duty leviable
on such articles as if imported as such”, the following shall be
substituted, namely:- |
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|
“customs
duty equal in amount to that leviable on inputs obtained under this
notification and used for the purpose of production, manufacture,
processing or packaging of such articles, which would have been paid, but
for the exemption under this notification, shall be payable at the time of
clearance of such articles.” |
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(c)
in paragraph 4, in the proviso, for the words and figures “duty of 10%
ad valorem or at zero rate of duty”, the words and figure “duty of 5%
ad valorem” shall be substituted; |
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(d)
in Annexure-I, after Sl.No.14, the following shall be inserted, namely:- |
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“15.
Raw materials for making capital goods for use within the unit for the
purpose of production or manufacture of export goods. |
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16.
Any other item required in relation to production of export goods with the
prior approval of the Board of Approval.”. |
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10. |
196/94-Customs,
dated the 8th
December, 1994. |
In
the said notification, in the first paragraph,- (i)
in condition (6), for the words “on payment of duty of customs on
imported goods used for the purpose of manufacture of such articles in an
amount equal to the duty of customs leviable on such articles as if
imported as such” the following shall be substituted, namely:- |
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“customs
duty equal in amount to that leviable on inputs obtained under this
notification and used for the purpose of the manufacture or production of
such articles, which would have been paid, but for the exemption under
this notification, shall be payable at the time of clearance of such
articles.” |
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(ii)
in condition (8), in the proviso, for the words and figures “duty of 10%
ad valorem”, the words and figure “duty of 5% ad valorem” shall be
substituted. |
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11. |
53/97-Cus,
dated the 3rd
June, 1997. |
In
the said notification,- (a)
in the first paragraph,- |
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|
(i)
in condition (5), in the proviso, for the words and figures “duty of 10%
ad valorem”, or at zero
rate of duty”, the words and figure” duty of 5% ad valorem” shall be
substituted; |
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|
(ii)
in condition (7), for the words “on payment of customs duty on imported
goods used for the purpose of manufacture of such articles in an amount
equal to the customs duty leviable on such articles as if imported as
such”, the following shall be substituted, namely:- |
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|
“customs
duty equal in amount to that leviable on the inputs obtained under this
notification and used for the purpose of manufacture of such articles,
which would have been paid, but for the exemption under this notification,
shall be payable at the time of clearance of such articles”; |
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(iii)
in condition (8), after sub-condition (ii), the following sub-condition
shall be inserted, namely:- |
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“(iii)
after the approval of the Board of Approval, the said goods, or goods
partially processed or manufactured, or packaged therefrom in the unit to
be taken out of India for the purpose of processing if such processing is
not available in India, without payment of duty and to be returned to the
said unit thereafter, subject to such conditions or limitations, as may be
specified by him in this behalf”;- |
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|
(b)
in the Table, after serial No.15, the following shall be inserted,
namely:- |
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|
“16.
Raw materials for making capital goods for use within the unit for the
purpose of production or manufacture of export goods. |
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17.
Any other item required in relation to production of export goods with the
prior approval of the Board of Approval.”. |
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12. |
56/2000-Cus,
dated the 5th
May, 2000 |
In
the said notification,- (a)
for the words “when imported into India by nominated agencies or status
holders”, the words “when imported into India by nominated agencies,
status holders, or exporters of three years’ standing having an annual
average turnover of five crore rupees during the preceding three licensing
years” shall be substituted; |
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(b)
in the second proviso, for the words “Provided further that in the case
of import by status holders”, the words “Provided further that in the
case of import by status holders or exporters of three years’ standing
having an annual average turnover of five crore rupees during the
preceding three licensing years,” shall be substituted. |
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13. |
137/2000-Cus,
dated the 19th
October, 2000 |
In
the said notification,- (a)
in the first paragraph, in condition (4), after sub-condition (iii) and
before the proviso, the following sub-condition shall be inserted,
namely:- |
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“(iv).
Permit, after approval of the Board of Approval, the said goods partially
processed or manufactured, or packaged therefrom in the unit to be taken
out of India for the purpose of processing if such processing is not
available in India, without payment of duty and to be returned to the said
unit thereafter:”; |
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(b)
in paragraph 3, after the second proviso, the following proviso shall be
inserted, namely:- |
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“Provided
also that the finished goods (including by products, rejects, waste, scrap
and remnants), may be cleared to the warehouse appointed or registered
under the notification of the Government of India in the Ministry of
Finance, Department of Revenue, number 26/98-CE(NT), dated the 15th
July, 1998 or to the warehouse authorized to carry on manufacturing
process and other operations under section 65 of the Customs Act, 1962 (52
of 1962) and under the Manufacture and Other Operations in Warehouse
Regulations, 1966, without payment of duty.” |
Sd/-
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