GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 42 /2012-Customs
New Delhi, the 22nd June, 2012.
Ashadha 1 , 1934 SAKA
G.S.R. 498 (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 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 below,
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, namely :-
Table
Sl. No. |
Notification number and date
|
Amendments |
(1) |
(2) |
(3) |
1. |
100/2009-Customs,dated the 11th September, 2009 [ Vide number G.S.R.
666 (E), dated the 11th September, 2009] |
In the said notification,-
(a) in paragraph 2-
(i) in condition (2), after the words
“each user would fulfil”, the words, figures and letters “and for authorizations
issued on or after the 5th June, 2012, the details of the capital goods and the
quantum of Export Obligation which Common Service provider shall fulfil shall be
mentioned in the authorization.” shall be inserted.
(ii) in condition (5)-
(A)
after the first Table, the following proviso shall be inserted, namely:-
“Provided that in case authorizations are issued on or after the 5th June, 2012,
the Common Service provider shall execute the bond with bank guarantee and the
bank guarantee shall be equivalent to hundred percent. of the duty foregone, to
be given by the Common Service provider or by any one of the users or a
combination thereof, at the option of the Common Service provider:”.
(B) after
the proviso as so inserted, in the existing first proviso, for the words,
“Provided that”, the words, “Provided further that” shall be substituted.
(C) in
condition (7), after the words “specific users”, the words “or the Authorization
Holder, as the case may be,” shall be inserted.
(b) in the Explanation, in
clause 3,-
(I) in sub-clause (1)-
(A) for the words “Common Service provider and
each of the specific users”, the words “Common Service provider and each of the
specific users endorsed in the authorization or the Common Service Provider and
specific users whose details are informed prior to export by Common Service
provider to the Regional Authority, as the case may be,” shall be substituted.
(B) in the second proviso, for the words “poultry and sericulture,”, the words
“poultry, sericulture, carpet, coir and jute,” shall be substituted.
(C) for the
fifth proviso, the following proviso shall be substituted, namely:-
“Provided
also that the exports made to such countries as notified by the Director General
of Foreign Trade, shall not be counted for fixing average level of exports:”.
(D) after the sixth proviso, the following proviso shall be inserted, namely:-
“Provided also that in the case of authorisations issued on or after the 5th
June, 2012, for exports by users of the common service, to be counted towards
fulfilment of export obligation of Common Service provider, the respective
shipping bills of the users of common service shall contain the EPCG
Authorization details of the Common Service provider and concerned Regional
Authority must be informed about the details of the users prior to such export.”
(II) in sub-clause (2), in item (a),-
(A) in sub-item (v), for the words,
brackets, figures and letters, “power projects and refineries not covered in
(iv) above under ICB procedure;”, the words, brackets, letter and figures, “mega
power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of
Foreign Trade Policy;” shall be substituted.
(B) in sub-item (vi), for the words
and letters, “as opposed to ICB;”, the words brackets, letter and figures, “as
provided in clause (j) of para 8.2 of Foreign Trade Policy;” shall be
substituted. |
2. |
101/2009-Customs,dated the 11th September, 2009 [ Vide number G.S.R.
667 (E), dated the 11th September, 2009] |
In the said notification,-
(a) in paragraph 2-
(i) in condition (3), after the words
“each user would fulfil”, the words, figures and letters “and for authorizations
issued on or after the 5th June, 2012, the details of the capital goods and the
quantum of Export Obligation which Common Service provider shall fulfil shall be
mentioned in the authorization.” shall be inserted.
(ii) in condition (4), after
the words “Government of India”, the following proviso shall be inserted,
namely:- “Provided that this condition shall not be applicable where the benefit
under TUFS has been obtained but exact line of business in TUFS is different
from the line of business under EPCG or where benefits availed under TUFS are
refunded, with applicable interest, before availing zero duty EPCG
Authorization.” shall be inserted.
(iii) in condition (5), for the letters and
words, “SHIS scrips which are not issued”, the words and letters, “provided that
this condition shall not be applicable where already availed SHIS benefit that
is unutilized is surrendered or where benefits availed under SHIS that is
utilized is refunded, with applicable interest, before availing zero duty EPCG
authorization. SHIS scrips which are surrendered or benefit refunded or not
issued” shall be substituted.
(iv) in condition (8), after the Table, the
following proviso shall be inserted, namely:- “ Provided that in case
authorizations are issued on or after the 5th June, 2012, the Common Service
provider shall execute the bond with bank guarantee and the bank guarantee shall
be equivalent to hundred percent. of the duty foregone, to be given by Common
Service provider or by any one of the users or a combination thereof, at the
option of the Common Service provider:”.
(v) in condition (10), after the words
“specific users”, the words “or the Authorization Holder, as the case may be,”
shall be inserted.
(b) in paragraph 4, for the figures, letters and word, “31st
December, 2012”, the figures, letters and word, “31st December, 2013” shall be
substituted.
(c) in the Explanation, in clause 3,-
(I) in sub-clause (1)-
(A) for the words
“Common Service provider and each of the specific users”, the words “Common
Service provider and each of the specific users endorsed in the authorization or
the Common Service provider and specific users whose details are informed prior
to export by Common Service provider to the Regional Authority, as the case may
be,” shall be substituted.
(B) in the second proviso, for the words
“poultry and sericulture,” the words “poultry, sericulture, carpet, coir and
jute,” shall be substituted.
(C) for the fifth proviso, the following proviso
shall be substituted, namely:-
“Provided also that the exports made to such
countries as notified by the Director General of Foreign Trade, shall not be
counted for fixing average level of exports:”. (D) after the sixth proviso, the
following proviso shall be inserted, namely:- “Provided also that in the case of authorisations issued on or after the 5th June, 2012 for exports by users of the
common service, to be counted towards fulfilment of export obligation of Common
Service the respective shipping bills of the users of common service shall
contain the EPCG Authorization details of the Common Service provider and
concerned Regional Authority must be informed about the details of the users
prior to such export.”
(II) in sub-clause (2), in item (a),-
(A) in sub-item (v)
for the words, brackets, figures and letters, “power projects and refineries not
covered in (iv) above under ICB procedure;”, the words, brackets, figures and
letters, “mega power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of Foreign Trade Policy;” shall be substituted.
(B) in sub-item (vi),
for the words and letters, “as opposed to ICB;”, the words, brackets, letter and
figures, “as provided in clause (j) of para 8.2 of Foreign Trade Policy;” shall
be substituted. |
3. |
102/2009-Customs,dated the 11th September, 2009 [ Vide number G.S.R.
668 (E), dated the 11th September, 2009] |
In the said notification,-
(a) in paragraph 2-
(i) in condition (3), after the words
“Government of India”, the following proviso shall be inserted, namely:-
“Provided that this condition shall not be applicable where the benefit under
TUFS has been obtained but exact line of business in TUFS is different from the
line of business under EPCG or where benefits availed under TUFS are refunded,
with applicable interest, before availing zero duty EPCG Authorization.”.
(ii) in
condition (4), for the letters and words, “SHIS scrips which are not issued”,
the words and letters, “provided that this condition shall not be applicable
where already availed SHIS benefit that is unutilized is surrendered or where
benefits availed under SHIS that is utilized is refunded, with applicable
interest, before availing zero duty EPCG authorization. SHIS scrips which are
surrendered or benefit refunded or not issued” shall be substituted.
(iii) in
condition (7), after the Table,-
(I) the following provisos shall be inserted,
namely:-
“Provided that the export obligation shall be 75% of the normal export
obligation specified above when fulfilled by export of following green
technology products, namely, equipment for solar energy decentralized and grid
connected products, bio-mass gassifier, bio-mass or waste boiler, vapour
absorption chillers, waste heat boiler, waste heat recovery units, unfired heat
recovery steam generators, wind turbine, solar collector and parts thereof,
water treatment plants, wind mill and wind mill turbine or engine, other
generating sets - wind powered, electrically operated vehicles – motor cars,
electrically operated vehicles – lorries and trucks, electrically operated
vehicles – motor cycle and mopeds, and solar cells:
Provided further that for
units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the normal
export obligation specified above:”
(II) after the provisos as so inserted, in
the existing first proviso, for the words, “Provided further”, the words,
“Provided also” shall be substituted.
(b) in paragraph 4, for the figures,
letters and word, “31st December, 2012”, the figures, letters and word, “31st
December, 2013” shall be substituted.
(c) in the Explanation, in clause 2,-
(I)
in sub-clause (1)-
(A) in the second proviso, for the words “poultry and
sericulture,” the words “poultry, sericulture, carpet, coir and jute,” shall be
substituted.
(B) for the fifth proviso, the following proviso shall be
substituted, namely:-
“Provided also that the exports made to such countries as
notified by the Director General of Foreign Trade, shall not be counted for
fixing average level of exports:”.
(II) in sub-clause (2), in item (a),-
(A) in
sub-item (v), for the words, brackets, figures and letters, “power projects and
refineries not covered in (iv) above under ICB procedure;”, the words, brackets,
letter and figures, “mega power projects as provided in sub-clause (ii) of
clause (f) of para 8.2 of Foreign Trade Policy;” shall be substituted.
(B) in
sub-item(vi), for the words and letters, “as opposed to ICB;”, the words,
brackets, letter and figures, “as provided in clause (j) of para 8.2 of Foreign
Trade Policy;” shall be substituted. |
4. |
103/2009-Customs,dated the 11th September, 2009 [ Vide number G.S.R.
669 (E), dated the 11th September, 2009] |
In the said notification,-
(a) in paragraph 2, in condition (4),
(i) after the first
Table, the following provisos shall be inserted, namely,-
“Provided that the
export obligation shall be 75% of the normal export obligation specified above
when fulfilled by export of following green technology products, namely,
equipment for solar energy decentralized and grid connected products, bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers, waste heat
boiler, waste heat recovery units, unfired heat recovery steam generators, wind
turbine, solar collector and parts thereof, water treatment plants, wind mill
and wind mill turbine or engine, other generating sets - wind powered,
electrically operated vehicles – motor cars, electrically operated vehicles –
lorries and trucks, electrically operated vehicles – motor cycle and mopeds, and
solar cells:
Provided further that for units located in Arunachal Pradesh,
Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura, the export
obligation shall be 25% of the normal export obligation specified above:”
(ii)
after the provisos as so inserted, in the existing first proviso, for the words,
“Provided that”, the words, “Provided also that”, shall be substituted.
(b) in
the Explanation, in clause 2,-
(I) in sub clause (1)-
(A) in the second
proviso, for the words “poultry and sericulture,” the words “poultry,
sericulture, carpet, coir and jute,” shall be substituted.
(B) for the fifth
proviso, the following proviso shall be substituted, namely:-
“Provided also
that the exports made to such countries as notified by the Director General of
Foreign Trade, shall not be counted for fixing average level of exports:”.
(II)
in sub-clause (2), in item (a),-
(A) in sub-item (v) for the words, brackets,
figures and letters, “power projects and refineries not covered in (iv) above
under ICB procedure;”, the words, brackets, letter and figures, “mega power
projects as provided in sub-clause (ii) of clause (f) of para 8.2 of Foreign
Trade Policy;” shall be substituted.
(B) in sub-item (vi), for the words and
letters, “as opposed to ICB;”, the words, brackets, letter and figures, “as
provided in clause (j) of para 8.2 of Foreign Trade Policy;” shall be
substituted. |
5. |
104/2009-Customs,dated the 14th September, 2009 [ Vide number G.S.R.
674 (E), dated the 14th September, 2009] |
In the said notification,-
(a) in the opening paragraph, for the
portion beginning with the words “hereby exempts” and ending with the
brackets and words “ (hereinafter referred to as the said scrip),”, the
following shall be substituted, namely:-
“hereby exempts –
(i) capital goods; and
(ii) components and spares and parts,
for capital goods imported earlier, when imported into India against a duty
credit scrip issued under the Status Holders Incentive Scheme in accordance with
paragraph 3.16 of the Foreign Trade Policy (hereinafter referred to as the said
scrip),”.
(b) for Condition (4), the following condition shall be substituted,
namely:-
“(4) that the said scrip shall be non-transferable and shall be used
for import of capital goods relating to the sectors specified in condition (1):
Provided that the capital goods specified in appendix 37B of the Hand Book of
Procedures volume 1 shall not be allowed for import:
Provided further that the
import of components and spares and parts against the said scrip shall be
allowed only -
(i) in respect of capital goods imported earlier,
(ii) in respect
of capital goods imported relating to the sectors specified in condition (1),
and
(iii) upto ten per cent. of the duty credit amount in the said scrip
originally issued:
Provided also that the said scrip shall be transferable
amongst the status holders subject to the condition that the transferee status
holder is a manufacturer and such transfer is endorsed by the Regional
Authority, during the period of validity of the said scrip, mentioning the
sectors for which the transferee has manufacturing facility and for which the
transfer is granted:
Provided also that upon such transfer, the validity of the
said scrip shall remain unchanged.”.
(c) after condition (5) , the following
condition shall be inserted, namely:-
“(5A) that the components and spares and
parts, for capital goods imported earlier, imported against the said scrip shall
be meant for use in the capital goods already imported and subject to actual
user condition and the importer at the time of clearance of the said components
and spares and parts, shall furnish an undertaking to this effect to the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may
be, that in case of non compliance of the said condition, he shall pay on demand
an amount equal to the duty leviable, but for the exemption contained herein
together with interest at the rate of fifteen percent. per annum from the date
of clearance of the said materials.”
(d) in the Explanation,-
(I) after clause (i),
the following clauses shall be inserted, namely:-
“(ia) “Component” means one of
the parts of a sub-assembly or assembly of which a manufactured product is made
up and into which it may be resolved and it includes an accessory or attachment
to another component.
(ib) “Spares” means a part or a sub-assembly or assembly
for substitution, that is ready to replace an identical or similar part or
sub-assembly or assembly and it includes a component or an accessory.
(ic)
“Part” means an element of a sub-assembly or assembly not normally useful by
itself, and not amenable to further disassembly for maintenance purposes which
may be a component, spare or an accessory.”.
(II) in clause (iii), for the words
“Licensing Authority”, the words “Licensing Authority or Regional Authority”
shall be substituted. |
(Rajesh Kumar Agarwal)
Under Secretary to the Government of India
[F.No.605/12/2012-DBK]
Note:
- The principal notification number 100/2009-Customs, dated the 11th
September, 2009 was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.666 (E), dated the 11th September,
2009 and was last amended by notification
No. 40/2012-Customs, dated the 14th
June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
- The principal notification number 101/2009-Customs, dated the 11th
September, 2009 was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.667 (E), dated the 11th September,
2009 and was last amended by notification No. 40/2012-Customs, dated the 14th
June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
- The principal notification number 102/2009-Customs, dated the 11th
September, 2009 was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.668(E), dated the 11th September,
2009 and was last amended by notification No. 40/2012-Customs, dated the 14th
June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
- The principal notification number 103/2009-Customs, dated the 11th
September, 2009 was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.669(E), dated the 11th September,
2009 and was last amended by notification No. 40/2012-Customs, dated the 14th
June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
- The principal notification number 104/2009-Customs, dated the 14th
September, 2009 was published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub-section (i) vide number G.S.R.674(E), dated the 14th September,
2009 and was last amended by notification No. 40/2012-Customs, dated the 14th
June, 2012 published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.445 (E), dated the 14th June, 2012.
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