Notification No. 61/2007-Cus Dated 3/5/2007
Amendments in Notification No. 21/2002-Cus.- 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. |
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. |
104. |
(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. |
105. |
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.