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Clarification regarding policy relating import of cars
Circular No. 96dated 29th
August 1995
The undersigned
is directed to refer to the Commissioner of Customs, Delhi's D.O. letter No.
VII/ 12/ ACU/ 7-Cars/ 165/ Ch. 87/ 75 dated 9-6-1995, addressed to Jt. Director
General of Foreign Trade, seeking clarification on the subject of:
(i) Import
of car by persons returning to India for permanent settlement, and
(ii)
Whether such persons coming to India for permanent settlement could avail
of TRconcessionunder Public Notice 202/92-97,
on the basis of filing a declaration/ affidavit, orwhether they must avail of TR
Concession in order to prove their intention for permanent settlement.
2. Import of cars of
such person is governed by Public Notice 202/ 92-97, where, as per condition
2(a)(b), import of cars is allowed provided the imported had stayed abroad
continuously of at least two years prior to has coming to Public Notice implies
"continuous" uninterrupted stay, without any provision for condonation
of short fall in the period, and whether the two years in question would not
necessarily have to be immediately prior to the importer's return to India.
3. DGFT
was, therefore, asked to clarify whether short visits during this period of two
years can be condoned for the purposes of being eligible to import motor vehicle
also, similar to the Condonation provision as applicable in the case of Baggage
Rules (Appendix L of Hand Book of Procedures, April - March, 1992-97, amended
upto 30.4.1995).
4. In
reply, the Deputy Director General of Foreign Trade, vide his letter No. 39
(587)/ 92-97/ IPC/ 183 dated 29th June, 1995 (copy enclosed) has clarified the
two points, as below:
(i) for
eligibility to import a car, relaxation of short visits, as provided for in the
Baggage Rulesshould be
made applicable and,
(ii)
it should be linked with the Transfer of Residence only, as the Import
Policy of car clearlyindicates under Category 'A' that import is
allowed to persons coming to India for permanentsettlement.
5. The above
clarification may be kept in view for clearing the Consignment of cars.
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