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Specified goods when imported into India for use in and integrated
aquaculture farm and for and for export of aquaculture products produced
therefrom by hundred percent Export Oriented Undertakings
Notification
No. 188 dated 27th December 1993
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 exempts goods specified in the
Table below (hereinafter referred to as the goods), when imported into India for
use in an integrated aquaculture farm in connection with its operational
requirements of the aquaculture farm and for export of aquaculture products
produced therefrom by hundred percent export oriented undertaking approved by
the board of Approvals for hundred percent Export Oriented Undertakings,
appointed by the notification of the Government of India in the former Ministry
of Industry and Civil Supplies (Department of Industrial Development) No.
S.O.163 (E)/RLIU/10(2) 76, dated the 3rd March, 1976, from the whole
of the duty customs leviable thereon under the First Schedule to the Customs
Tariff Act, 1975 (51of 1975), and the additional duty, if any, leviable thereon
under section 3 of the second mentioned Act, subject to the following
conditions, namely: -
(1)
the importer has been granted necessary approval for the import of the
goods for the said purpose.
(2)
the importer uses the goods for the purposes of production of aquaculture
products and exports out of India hundred percent or such other percentage, as
may be fixed by the said Board of aquaculture products produced from the goods
for a period of 10 years or such extended period as may be specified by the said
Board;
(3)
on the expiry of the period referred to in condition (2) the importer
shall pay the customs duty on capital goods, material handling equipments,
office equipment, captive power plants or, as the case may be, captive
generating sets, on depreciated value calculated at the rate of exchange
prevailing on the date of filing of bill of entry at the time of import and the
rate of duty being the rate applicable on the date the undertaking ceases to be
the hundred percent export-oriented undertaking;
(4)
the importer, at the time of import of the said goods, produces to the
Assistant Commissioner of Customs a certificate from the Development
Commissioner to the effect that the importer has executed a bond in such form
and for such sum binding himself to fulfill the export obligations and
conditions as may be specified;
(5)
notwithstanding anything contained in this notification the exemption
contained herewith shall also apply to those goods which on importation into
India are used for the purposes of production of aquaculture products within
hundred percent Export-oriented undertakings approved by the said Board of
Approvals for hundred percent Export-Oriented Undertakings and such products
(including rejects, waste and scrap material arising in the course of
production) even if not exported out of India, are allowed to be sold in India,
under and in accordance with the Export and Import Policy, April 1992 - March
1997, published under the Ministry of Commerce Public Notice No 1-LTC(PN)/92-97
dated the 31st March, 1992, as amended from time to time, and in such
quantity and subject to such other limitations and conditions as may be
specified in this behalf by the Development Commissioner, on payment of duty of
excise leviable on such articles under section 3 of the Central Excise and Salt
Act, 1944 (1 of 1944);
(6)
the Commissioner of Customs may, subject to such conditions as may be
prescribed by him, allow a unit to re-export the goods.
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Sl.
No.
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Description
of goods
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(1)
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(2)
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1.
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Capital
goods
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2.
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Material
handling equipments, namely, fork-lifts, over-head cranes, mobile
cranes, crawler cranes, hoists and stackers
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3.
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Spares
of capital goods and material handling equipments, namely, fork-lifts,
over-heads cranes, mobile cranes, crawler cranes, hoists and stackers
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4.
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Office
equipments, as permissible for import by the 100 percent export-oriented
units
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5.
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Captive
power plants
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6.
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Tools,
Jigs, Gauges, Fixtures, Modules, Dies, instruments and accessories
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