Notification No. 151/94-Cus Dated 13-07-94
Exemption on import of aircraft equipments, fuel in tanks of aircrafts and lubricating oils by Indian Airlines and Indian Airforce and specified catering by United Arab Airlines.-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 the whole of the duty of
customs leviable thereon which is specified in the said Schedule 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 (3) thereof.
TABLE
S.
No. |
Description
of goods |
Conditions |
(1) |
(2) |
(3) |
1. |
Fuel in the tanks of the aircrafts of an Indian
Airline or of the Indian Air Force |
(i)The quantity of the said fuel is equal to the
quantity of the same type of fuel which was taken out of India in the
tanks of the aircrafts of the same Indian Airline or of the Indian Air
Force, as the case may be, and on which the duty of Customs, or Central
Excise had been paid; |
|
|
(ii)the rate of duty of customs (including the
additional duty leviable under the said section 3) or the rate of duty
of Central Excise, as the case may be, leviable on such fuel is the same
at the time of the arrivals and departures of such aircrafts; and |
|
|
(iii)no drawback of duty of customs or rebate of
duty of Central Excise, as the case may be, was allowed on such fuel at
the time of departures of such aircrafts from India. |
2. |
Lubricating oil falling within Chapter 27 of the
First Schedule to the Customs Tariff Act, 1975, imported in the engines
of any aircraft registered in India or of any aircraft of the Indian Air
Force |
No drawback of duty of customs or rebate of duty of
Central Excise, as the case may be, was allowed on the duty paid
lubricating oil in the engines of such aircraft at the time of its
departure from India. Explanation : �lubricating oil�
means any oil as is ordinarily used for lubrication, excluding any
hydrocarbon oil which has its flash point below 93.3� centigrade. |
3. |
Goods imported by the United Arab Airlines - |
(i)The said goods are used by the said Airlines for
the maintenance of regular air service to India; and |
|
(i)Catering equipment; |
(ii)the said goods are kept under the supervision
and control of Customs authorities. |
|
(ii)spare parts and ramp handling equipment; |
|
|
(iii) Ground Power Unit equipment; |
|
|
(iv)maintenance and repair kits which will be
carried on individual aircraft for use in hangars and which are flown
back on the same aircraft |
|
4. |
Aircraft equipment, engines and spare parts |
(i)The said goods have been imported by the Air
India International or the Indian Airlines having been borrowed by the
aforesaid airlines for fitment to their aircraft from foreign airlines
outside India or from the foreign manufacturers of the prime equipment; |
|
|
(ii)the importer makes a declaration at the time of
import that the said goods are being imported for fitment and re-export; |
|
|
(iii)the said goods are re-exported within one
month from the date of their importation into India or such extended
period as the Assistant Commissioner of Customs may allow; |
|
|
(iv)the importer executes an undertaking binding
himself to pay an amount equal to the duty leviable on the said goods,
but for the exemption, in the event of failure to re-export the said
goods within the period specified or, as the case may be, the extended
period referred to in condition (iii); and |
|
|
(v)the importer produces the said goods before the
proper officer for identification before re-export. |
as amended by Notification Nos. 101/95-Cus dt 26-5-1995.