Customs Notification No-36/2007 dated 02.03.2007

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Customs Notification No-36/2007 dated 02.03.2007
Amendments in the exemption notification for Liquefied natural gas (LNG) project
G.S.R. (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, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the 1st March, 2002 which was published in the Gazette of India, Extraordinary, vide G.S.R.118 (E) of the same date, namely: -

In the said notification,-

(A) in the proviso, in clause (i), for the words, letters and figures “the 1st day of April, 2007”, the words, letters and figures “the 1st day of October, 2007” shall be substituted;

(B) in the Table, for S.No.77A and the entries relating thereto, the following S.No. and entries shall be substituted, namely: -

(1)	(2)	(3)	(4)	(5)	(6)
“77A	2711 11 00	The following goods, namely:- (A) Liquefied natural gas imported by, - (i) Ratnagiri Gas and Power Private Limited for the purpose of generation of power at their power project at Dabhol, District Ratnagiri (Maharashtra); or	Nil	-	-
		(ii) any other importer for supply under an agreement to Ratnagiri Gas and Power Private Limited for the purpose of generation of power at their power project at Dabhol, District Ratnagiri (Maharashtra)	Nil	-	103
		(B) Liquefied natural gas imported for the purpose of generating power, by any other Liquefied Natural Gas Mega Power Project, which - (i) is established with an installed power generation capacity of 2000 MW or more, with integrated Liquefied Natural Gas re-gasification facility; (ii) became defunct and is subsequently restructured and revived through a Special Purpose Vehicle in the nature of a project company owned by the Public Sector Undertakings as per a restructuring and revival proposal approved by the Central Government; and (iii) supplies the power generated in such project to any State Electricity Board under a Power Purchase Agreement	Nil	-	-

(C) in the ANNEXURE, after condition No.102 and the entries relating thereto, the following condition and entries shall be inserted, namely:-

Condition No.	Conditions
“103.	a) Importer shall- (i) furnish an undertaking to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, to pay the duty leviable on liquefied natural gas (hereinafter referred to as LNG) imported in case he fails to produce within 3 months from the date of import a receipt from Ratnagiri Gas and Power Private Limited (hereinafter referred to as RGPPL) for having received the LNG so imported; (ii) furnish a copy of the undertaking given by RGPPL [as per clause b (vi) given below] to the jurisdictional Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise, along with a copy of agreement under which he intends to import and supply LNG to RGPPL; (iii) pay the full customs duty along with interest at the rate of 13% from the date of import till the date of payment on LNG imported and not so supplied to RGPPL; b) Ratnagiri Gas and Power Private Limited shall- (i) register with the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise having jurisdiction over their plant as if they were manufacturers of excisable goods; (ii) furnish a copy of the agreement signed with the importer for import and supply of LNG; (iii) undertake to maintain account for receipt of LNG, imported and supplied by the said importer, and consumption of the same for use in the generation of power at their Dabhol plant; (iv) furnish a copy of the bill of entry for LNG imported for supply to them; (v) submit a quarterly statement indicating opening stock, receipt of the imported LNG, consumption, closing stock and quantity not used for intended purpose, if any, value and customs duty payable; (vi) furnish an undertaking to the jurisdictional Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise to pay custom duty leviable on LNG so imported and not used for generation of power at their power project at Dabhol; (vii) pay customs duty so payable latest by the 10th day of the following quarter, along with interest at the rate of 13% from the date of import till the date of payment.”

Condition No.

Conditions

“103.

a) Importer shall-
(i) furnish an undertaking to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, to pay the duty leviable on liquefied natural gas (hereinafter referred to as LNG) imported in case he fails to produce within 3 months from the date of import a receipt from Ratnagiri Gas and Power Private Limited (hereinafter referred to as RGPPL) for having received the LNG so imported;
(ii) furnish a copy of the undertaking given by RGPPL [as per clause b (vi) given below] to the jurisdictional Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise, along with a copy of agreement under which he intends to import and supply LNG to RGPPL;
(iii) pay the full customs duty along with interest at the rate of 13% from the date of import till the date of payment on LNG imported and not so supplied to RGPPL;
b) Ratnagiri Gas and Power Private Limited shall-
(i) register with the Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise having jurisdiction over their plant as if they were manufacturers of excisable goods;
(ii) furnish a copy of the agreement signed with the importer for import and supply of LNG;
(iii) undertake to maintain account for receipt of LNG, imported and supplied by the said importer, and consumption of the same for use in the generation of power at their Dabhol plant;
(iv) furnish a copy of the bill of entry for LNG imported for supply to them;
(v) submit a quarterly statement indicating opening stock, receipt of the imported LNG, consumption, closing stock and quantity not used for intended purpose, if any, value and customs duty payable;
(vi) furnish an undertaking to the jurisdictional Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise to pay custom duty leviable on LNG so imported and not used for generation of power at their power project at Dabhol;
(vii) pay customs duty so payable latest by the 10th day of the following quarter, along with interest at the rate of 13% from the date of import till the date of payment.”

[F.No.354/130/2005-TRU]

(S. Bajaj)
Under Secretary to the Government of India

Note: - The principal notification No.21/2002-Customs, dated the 1st March, 2002 was published in the Gazette of India, Extraordinary, vide G.S.R.118 (E), dated the 1st March, 2002 and was last amended by vide notification No.20/2007-Customs, dated the 1st March, 2007 which was published vide number G.S.R. 117(E), dated the 1st March, 2007.