Notification No. 152/94-Cus Dated 13-07-94
Exemption on goods imported for physical disabled persons, research institution etc.-
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 (hereinafter
referred to as the said goods) of the description specified in column (2) of the
Table hereto annexed and falling within the First Schedule to the Customs Tariff
Act, 1975 (51 of 1975), when imported into India, from so much of the duty of
customs leviable thereon which is specified in the said Schedule, as is in
excess of the amount calculated at the rate specified in the corresponding entry
in column (3) of the said Table and from the whole of the additional duty
leviable thereon under section 3 of the second mentioned Act subject to the
conditions, if any, laid down in the corresponding entry in column (4) thereof.
TABLE
S. No. |
Description of goods |
Rate
|
Conditions |
(1) |
(2) |
(3) |
(4) |
1. |
(i)All tangible appliances for the blind; (ii)Hearing aids and other audio-visual aids for
the education of the deaf; |
Nil |
(i)The said goods have been imported by any
institution (including a registered Co-operative Society) for the blind
and the deaf; |
|
|
(ii) Omitted |
|
|
(iii) Vocational aids for the blind and the deaf; (iv)Articles including instrument apparatus, appliances, machinery and spares or component parts or accessories thereof required for the purpose of giving training or imparting instructions to the blind and the deaf (v) Phonographs and cassette players for playing
talking books, magnetic tapes and cassettes for the production of
talking books, electronic reading machines, television enlargers and
optical aids |
|
(iii)where any such institution is scheduled to
begin to function only after the importation of the said goods, the
exemption shall not apply in respect of the goods imported by that
institution, unless an undertaking in writing is given by the President
or the Secretary of that institution that it will begin to function
within a period of six months, or such extended period as the Assistant
Commissioner of Customs or Deputy Commissioner of Customs may, on
sufficient cause being shown, allow in this behalf, from the date of
importation of the goods; (iv)Omitted |
1A | Omitted | ||
2. |
|
|
|
3. |
Video cassettes and video tapes recorded with
educational materials. |
Nil |
(i)The said goods have been imported by the
University Grants Commission; (ii)the importer, at the time of clearance,
produces a certificate from an officer not below the rank of a Deputy
Secretary in the Ministry of Education, Government of India, to the
effect that such video cassettes and video tapes are recorded with
educational material and are required for educational programmes
approved by that Ministry or for telecast through Doordarshan and that
the programmes of similar nature are not produced in India; |
|
|
|
(iii)the importer, at the time and place of
clearance, gives an undertaking to the Assistant Commissioner of Customs
or Deputy Commissioner of Customs to the effect that such video
cassettes and video tapes shall not be used for any other purpose and
such cassettes and tapes shall not be subsequently recorded with any
other material; and |
|
|
|
(iv)such video cassettes and video tapes shall not
be sold or parted with without the prior permission of the Assistant
Commissioner of Customs or Deputy Commissioner of Customs at the port of
importation. |
4. |
Video cassettes and video tapes, recorded with
University or higher or advanced technical educational programme and
imported by a University or a research institution |
Nil |
(i)The importer produces, at the time and place of
clearance, a certificate, from the organisation which has recorded the
programme on the said video cassettes and video tapes, to the effect
that the same are recorded with the University or higher or advanced
technical educational programme, and the importer, if required to do so,
also satisfies the Assistant Commissioner of Customs or Deputy Commissioner of Customs
that such video cassettes or video tapes, as the case may be, contain
such technical educational programme; |
|
|
|
(ii)in the case of a University, the importer
produces, at the time and place of clearance, a certificate from the
Head of the University, to the effect that such video cassettes and
video tapes are required for use for technical educational purposes by
that University; |
|
|
|
(iii)in the case of research institution (other
than research institution established, maintained or controlled by the
Government), the importer produces, at the time and place of clearance,
a certificate, from an officer not below the rank of a Deputy Secretary
in the Ministry of Education or in the Ministry administratively
concerned with the said research institution, to the effect that the
said cassettes and tapes are required for use for technical educational
purposes in that research institution; |
|
|
|
(iv)the importer, at the time and place of
clearance, gives an undertaking to the Assistant Commissioner of Customs
or Deputy Commissioner of Customs to the effect that such video
cassettes and video tapes — |
|
|
|
(a)shall not be sold or parted with without prior
permission of the Assistant Commissioner of Customs or Deputy Commissioner of Customs
at the port of importation, |
|
|
|
(b)shall not be used for any purposes other than
the purposes of technical education, and |
|
|
|
(c)shall not be subsequently recorded with any
other material. |
5. | Omitted | ||
6. |
The following goods : (a)equipments carried on board vessels engaged in
research on high seas; and (b)polymetallic nodules collected by such vessels
on high sea |
Nil |
The importer, at the time and place of clearance,
produces a certificate to the Assistant Commissioner of Customs or Deputy Commissioner of Customs,
from an officer not below the rank of Joint Secretary to the Government
of India in the Department of Ocean Development to the effect that the
vessel is authorised by the Government of India for such research or
collection work. |
7. |
Omitted | ||
8. |
Omitted | ||
9. |
Omitted | ||
|
Explanation.
— For the purposes of this notification, the expression —
(a)
”Head” means, —
(i)
in relation to a University, Registrar thereof (by whatever name called),
(ii)
in relation to a College, Principal thereof, (by whatever name called),
(iii)
in relation to an institution, Director thereof (by whatever name called).
(b)
”University” means a University established or incorporated by or under a
Central, State or Provincial Act and includes —
(i)
an institution declared under section 3 of the University Grants Commission Act,
1956 (3 of 1956), to be a University for the purposes of that Act,
(ii)
an institution declared by Parliament by law to be an institution of national
importance,
(iii)
a College maintained by, or affiliated to, a university,
(iv)
a research institution established, maintained or controlled by Government.
(c)
Omitted
(d)
Omitted
as amended by Notification Nos. 122/95-Cus dt 1-8-1995, No. 101/95-Cus dt 26-5-1995, 65/96-Cus dt 31-8-1996, No. 28/98-Cus dt 2-6-1998, No. 27/99-Cus dt 28-2-1999, No. 20/2000-Cus dt 1-3-2000, No. 28/2003-Cus dt 1-3-2003 and No. 67/2004-Cus dt 9-7-2004.