Notification No. 153/1993-Cus Dated 13-08-1993
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 the telematic infrastructural equipments (hereinafter referred to as the said goods) as specified in the Annexure to this notification, when imported into India for being used for the export of software out of India under the Software Technology Parks Hundred Percent Export Oriented Scheme from the whole of the customs duty leviable thereon under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and the additional duty if any leviable thereon under Section 3 of the second mentioned Act subject to the following conditions, namely :-
(i) The importer has been granted the necessary permission to import the said goods by the Inter-Ministerial Standing Committee for Hundred Percent Export Oriented Units in the Electronics Hardware Technology Parks (EHTP) and Software Technology Parks (STP) appointed by the notification of the Government of India in the Ministry of Industry, Department of Industrial Development No. S.O. 117(E), dated the 22nd February, 1993.
(ii) The importer uses the said goods only for the purpose of export of software.
(iii) The said imported goods shall be under customs bond and subject to such other conditions as may be specified by the Assistant Collector in this behalf.
(iv) The importer agrees to -
(a) bring the said goods into the unit and use them within the unit in connection with the export of software;
(b) not to move the said goods from the unit without the approval of Assistant Collector of Customs; and
(c) to use the said goods only for the purposes of export of software.
(v) The importer shall produce a certificate to the Assistant Collector of Customs from the concerned Chief Executive of the Software Technology Parks Society set up by the Government of India, Department of Electronics, to the effect that the said imported goods are to be installed or used in the unit and that the importer of such goods has been authorised by the said Inter-Ministerial Standing Committee.
(vi) The importer executes a bond in such form and for such sum and with such authority as may be prescribed by the Assistant Collector of Customs binding himself to use the said goods for export of software and to fulfil the conditions stipulated in this notification, and in or under the Import and Export Policy, 1992-97 and the conditions as may be specified by the Department of Electronics, and to pay on demand an amount equal to the duty leviable on the said goods as are not proved to the satisfaction of the Assistant Collector to have been used for the purposes for which the said goods were allowed to be imported.
(vii) The Collector of Customs, may subject to such conditions as may be prescribed by him, allow a unit to re-export the said goods subject to the necessary permission being granted by the Chief Executive of the Software Technology Park.
(viii) The procedure as may be prescribed by the Collector of Customs is followed by such unit.
ANNEXURE
I TELECOMMUNICATION TRANSMISSION EQUIPMENT
1. Network/Transmission Surveillance System
2. Multi Access Radio Telephone System
3. Shared Radio System (Analog and digital)
4. Sub System of above telecommunication transmission equipment viz. Antenna, Power Supply, Feeder Cables, Dulexing, Modulator, Demodulator, Equilish and Power Amplifier.
II. SATELLITE COMMUNICATION EQUIPMENT
1. High Power Amplifier
2. Solid State Power Amplifier
3. Low Noise Amplifier
4. Ground Communication Equipment
5. Up/Down Converter
6. Modulator/Demodulator
7. Antenna System
8. TDMA/DSI
9. Master Earth Station
10. Micro Earth Station
11. Radio Network Terminal
12. Interfacility Link
13. Pilot Receivers
III. DATA COMMUNICATION EQUIPMENT
1. Concentrator
2. Controller/System Controller
3. Data Modem
4. Data Multiplexer
5. Front End Processor
6. Protocol Converter
7. Integrated Voice Data Terminal
8. Packet Assembler/Dissambler and Packet Switch
9. Network Management Centre
10. Software/Firmware for any of above
11. Direct Access Cross-Connect System (DCAS)
IV. AUTOMATIC DATA PROCESSING MACHINES AND UNITS
1. Analog or Hybrid Automatic Data Processing Machines
2. Digital Automatic Data Processing Machine
3. Input/Output Units
4. Storage Units
5. Memory
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