[TO
BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SUB-SECTION (i) DATED THE 3RD MAY,
2007]
13 VAISAKHA, 1929 (SAKA)
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 3rd May,
2007
13 Vaisakha, 1929 (SAKA)
NOTIFICATION No.
61/2007-CUSTOMS
G.S.R.
(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, on being
satisfied that it is necessary in the public interest so to do, hereby makes the
following further amendments in the notification of the Government of India in
the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the
1st March, 2002 which was published in the Gazette of India,
Extraordinary, vide number G.S.R.118 (E) of the same date, namely:-
In
the said notification,-
(A) in the Table,-
(i)
against S.No.187, for the entry in column (4), the entry “Nil” shall be
substituted;
(ii)
after S.No 347 and the entries relating thereto, the following S. Nos. and
entries shall be inserted, namely:-
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
“347A. |
8802 (except 8802 60 00) |
All
goods |
Nil |
- |
103 |
|
347B. |
8802 (except 8802 60 00) |
All goods
|
Nil |
- |
104 |
|
347C. |
Any Chapter |
Parts
(other than rubber tyres or tubes) of aircraft of heading 8802
|
Nil |
- |
105”; |
(iii) after S.No.565 and the
entries relating thereto, the following S. Nos. and entries shall be inserted,
namely:-
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
“566. |
2710
19 90 |
N-Paraffin |
7.5% |
- |
- |
|
567. |
75 |
All
goods |
2% |
- |
- |
|
568. |
8704 |
Refrigerated motor vehicles
|
Nil |
- |
-”; |
(B)
in the Annexure, after condition No. 102 and the entries relating thereto, the
following conditions shall be inserted, namely:-
|
Condition
No. |
Conditions |
|
“103. 104. 105. |
If,- (a)
the aircraft is imported by:- (i) the
Aero Club of India, New Delhi, recognized as a National Sports Federation
by Ministry of Youth Affairs and Sports, Government of India; or (ii) a Flying Training Institute approved by
the competent authority in the Ministry of Civil Aviation; and (b)
the importer has been granted approval by the competent authority
in the Ministry of Civil Aviation to import aircraft for use in imparting
training; and (c)
the importer furnishes
an undertaking to the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, at the time of importation
that:- a.
the said aircraft shall be used for the specified purpose only and
he shall pay on demand, in the event of his failure to use the imported
aircraft for the specified purpose, an amount equal to the duty payable on
the said aircraft but for the
exemption under this notification; b.
the aircraft imported under this concession shall not be
sold/transferred to an entity other than a flying training institute
approved by the Directorate General of Civil Aviation.
(i)
the aircraft are imported by an operator who has been granted
approval by the competent authority in the Ministry of Civil Aviation to
import aircraft for providing non-scheduled (passenger) services or
non-scheduled (charter) services; and (ii) the importer furnishes an
undertaking to the Deputy Commissioner of Customs or Assistant
Commissioner of Customs, as the case may be, at the time of importation
that:- a.
the said aircraft shall be used only for providing non-
scheduled (passenger) services or non-scheduled
(charter) services, as the case may be; and b.
he shall pay on demand, in the event of his failure to use the
imported aircraft for the specified purpose, an amount equal to the duty
payable on the said aircraft but
for the exemption under this notification. Explanation.-for
the purposes of this entry,- (a)
‘operator’ means a person, organization, or enterprise engaged in or
offering to engage in aircraft operation; (b)
‘non-scheduled (passenger) services’ means air transport services
other than Scheduled (passenger) air transport services as defined in rule
3 of the Aircraft Rules 1937. (c)
‘non-scheduled (charter) services’ mean services provided by a
‘non-scheduled (charter) air transport operator’, for charter or hire
of an aircraft to any person, with published tariff, and who is registered
with and approved by Directorate General of Civil Aviation for such
purposes, and who conforms to the civil aviation requirement under the
provision of rule 133A of the Aircraft Rules 1937:
Provided that such Air charter operator is a dedicated company or
partnership firm for the above purposes. If,- (i)
imported for servicing, repair or maintenance of aircraft imported or
procured by Aero Club of India; or (ii)
imported for servicing, repair or maintenance of aircraft, which are used
for flying training purposes or for operating non-scheduled (passenger)
service or non-scheduled (charter) services; (iii) the importer furnishes an
undertaking to the Deputy Commissioner of Customs or the Assistant
Commissioner of Customs, as the case may be, at the time of importation
that:- a.
the imported goods shall be used for the specified
purpose only; and b. he shall pay on demand, in the event
of his failure to use the imported goods for the specified purpose, an
amount equal to the duty payable on the said goods but for the exemption under this notification. Explanation.-
The expressions , “Aero Club of India”, “operator”,
“non-scheduled (passenger) services” and “non-scheduled (charter)
services” shall have the meanings respectively assigned to them in
Condition No. 103 or 104 above.” |
[F.No.B-1/8/2007-TRU]
(S.
Bajaj)
Under Secretary to the Government of India
Note:
The principal notification was published in the Gazette of India, Extraordinary,
vide number G.S.R. 118(E), dated the 1st March, 2002 and was last
amended by notification No.58/2007-Customs, dated the 13th April,
2007 which was published in the Gazette of India, Extraordinary, vide number
G.S.R.292 (E), dated the 13th April, 2007.