1st September, 2006
Notification
No. 91/2006-Customs
G.S.R.
529 (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 exempts goods when
imported into India against a duty credit scrip issued under the Focus Product
Scheme in accordance with paragraph 3.10 of the Foreign Trade Policy
(hereinafter referred to as the said scrip) from, -
|
(a) |
the
whole of the duty of customs leviable thereon under the First Schedule
to the Customs Tariff Act 1975 (51 of 1975); and |
|
(b)
|
the
whole of the additional duty leviable thereon under section 3 of the
said Customs Tariff Act, |
subject
to the following conditions, namely :-
|
(1) |
that
the benefit under this notification shall be available only in respect
of duty credit scrip issued against exports of the products
notified in Appendix 37-D of the Hand Book of Procedure, Vol.I of
the Foreign Trade Policy; |
|
(2) |
that
the said scrip is produced
before the proper officer of customs at the time of clearance for debit
of the duties leviable on the goods, but for this exemption: Provided
that exemption from duty shall not be admissible if there is
insufficient credit in the said
scrip for debiting the duties leviable on the goods, but for this
exemption; |
|
(3) |
that
the said scrip and goods imported against it shall be freely
transferable; |
|
(4) |
that
the imports against the said certificate are undertaken through sea
ports at Mumbai, Sikkim, Kolkata, Cochin, Magdalla, Kakinada, Kandla,
Mangalore, Marmagoa, Chennai, Nhava
Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej,
Mundhra, Nagapattinam, Okha, Bedi including Rozi-Jamnagar, Muldwarka,
Porbander, Dharamtar and Vadinar or through any of the airports at
Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi,
Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur,
Cochin, Rajasansi (Amritsar) and
Lucknow (Amausi) or
through any of the Inland Container Depots at Agra, Bangalore,
Coimbatore, Delhi, Faridabad, Gauhati, Guntur, Hyderabad, Jaipur,
Jallandhar, Kanpur, Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur
(Indore), Surat, Tirupur, Varanasi, Nasik, Rudrapur (Nainital), Dighi (Pune),
Vadodara, Daulatabad (Wanjarwadi and
Maliwada), Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem,
Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi,
Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera
Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal,
Jamshedpur, Surajpur, Dadri, Tuticorin, Kundli, Bhadohi, Raipur,
Mandideep (District Raisen), Durgapur (Export Promotion Industrial Park)
and Babarpur or through the Land Customs Station at Ranaghat, Singhabad, Raxaul, Jogbani,
Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki,
Agartala, Sutarkhandi, Amritsar Rail Cargo and Attari Road or Special
Economic Zones as specified in the notification issued under section 76A
of the said Customs Act; |
|
(5) |
that
where the importer does not claim exemption from the additional duty of
customs leviable under section 3 of the said Customs Tariff Act, he
shall be deemed not to have availed the exemption from the said duty for
the purpose of calculation of the said additional duty of customs. |
|
(6) |
that
the importer shall be entitled to avail of the drawback or CENVAT credit
of additional duty leviable under section 3 of the said Customs Tariff
Act against the amount debited in the said scrip. |
2.
The following categories of exports specified in paragraph 3.10.2.2 of
the Foreign Trade Policy shall not be counted for calculation of export
performance or for computation of entitlement under the scheme :
a.
export of imported goods covered under Para 2.35 of the Foreign Trade
Policy or exports made through transhipment;
b.
export turnover of units operating under SEZ Scheme and 100% EOU Scheme
or products manufactured by them and exported through DTA units;
c.
deemed exports.
Explanation. -
In
this notification –
|
(i) |
“goods”
means any inputs, or goods including capital goods, which are freely
importable under the Foreign Trade Policy; |
|
(ii) |
“capital
goods” has the same meaning as assigned to it in paragraph 9.12 of the
Foreign Trade Policy; |
|
(iii) |
"Foreign
Trade Policy " means the Foreign Trade Policy 2004-2009, published
by the Government of India in the Ministry of Commerce and Industry vide
notification No.1(RE-2006) /2004-2009, dated the 7th April,
2006. |
F. No.605/36/2006-DBK (Pt.)