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Circular
No. 4/96
dated 1/2/96
F.No. 446/ 54/95-
Cus. IV
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise
& Customs, New Delhi
Subject : Re-import of Goods
sent Abroad for Repairs etc. - clarification reg. -
Naval headquarters have represented that often they have to send their
equipments out of India for repairs and to - import the same after the
repairs and at the time of exports, the customs department insist for production
of documents like bill of entry, invoice, etc. relating to their
initial imports. Naval headquarters have informed that some of the equipments
being over ten years old, it is difficult for them to produce the original
import documents.
2. The
matter has been examined in the Board's officer in consultation with Chief
Commissioner of Customs Bombay. All such re-import of goods which were
earlier exported for repairs are covered under Notification No. 204/76
Cus. dated 2.6.76 as amended and para 31 of Export and Import policy 1992-
97. The para 31 reads as follows:-
"Capital goods, including
aircraft, its components, spare parts and accessories, whether imported
or indigenous, may to sent
abroad for repairs, testing, quality improvement or upgradation of technology
without a licence but subject to the satisfaction
of the Customs authorities that the re-imported goods are same as the goods
that were exported".
3. The policy
provides that capital goods, components, etc. whether imported or indigenous
may be sent abroad for repairs, testing, etc. and the same can be re-imported
without an import licence. However, the Customs Officer has to be satisfied
that the goods re-imported after repairs are the same that were exported.
This simply requires that identity of goods exported is matched with the
identity of the goods re-imported after repairs etc. For this purpose the
only document required would be the Shipping Bill and invoices on which
full details like description, marks / Nos and other identifying particulars
establishing the identity of the goods are recorded. Therefore at the time
of export of such goods, the documents like bill of entry, invoice, etc.
under which the goods were initially imported may not be required to be
produced.
4. In order
to maintain uniform practice in assessment necessary instructions to all
formations may kindly be issued. This instruction will apply to all goods
sent abroad for repairs.
Sd/-
(Vijay Kumar)
Under Secretary
to the Government of India