Notification No. 53/2003-Cus Dated 01-04-2003
Exemption on goods imported against Duty free Entitlement Credit Certificate. - 7[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 , -
(i) the goods specified in para 3.7.2.1(vi) of the Export Import Policy and in serial number 509 of notification number 21/2002-Customs dated 1.3.2002, in case they are imported by the status holders of marine sector;
(ii) the goods specified in para 3.7.2.1(vi) of the export Import Policy in case they are imported by the status holders of other sectors;
when imported into India against a Duty Credit Entitlement Certificate (hereinafter referred to as the said certificate) issued under paragraph 3.7.2.1(vi) of the Export and Import Policy.]
Old[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 when imported
into India against a duty free entitlement credit certificate (hereinafter
referred to as the said certificate ) issued under paragraph 3.7.2.1 (vi) of the
Export and Import Policy,-]
(a) from the whole of the duty of customs leviable thereon under the First
Schedule to the Customs Tariff Act 1975 (51 of 1975);
2[(b) from the
whole of the additional duty leviable thereon under Section 3 of the said
Customs Tariff Act; and]
Old[
(b) from the whole of the additional duty leviable thereon under sub-section (1)
of section 3 of the said Customs Tariff Act; and]
(c) from the whole of the special additional duty of customs leviable thereon
under section 3A of said Customs Tariff Act, subject to the following conditions, namely
(1) that the said certificate has been issued by the licensing authority to a
status holder specified in para 3.7.2 of the Export and Import Policy;
(2) that the said certificate and goods imported against it shall not be
transferred or sold:
Provided that where the goods are imported by a merchant exporter having
supporting manufacturer(s) whose name and address is specified on the license,
the said goods may be utilised by the said supporting manufacturer(s).
(3) that in respect of capital goods, a certificate from jurisdictional Deputy
Commissioner of Central Excise, Assistant Commissioner of Central Excise or an
independent Chartered Engineer, as the case may be, is produced confirming
installation and use of capital goods in the importer�s factory or premises,
within the six month from the date of imports or within such extended period as
the Deputy Commissioner of Customs or Assistant Commissioner of Customs may
allow:
Provided that where the capital goods are imported by a merchant exporter having
supporting manufacturer(s), the capital goods may be installed in the factory or
premises of the said supporting manufacturer(s);
(4) that the said certificate shall be produced before the proper officer of
customs at the time of clearance for debit of the duties leviable on the goods
but for this exemption:
Provided that exemptions from duty shall not be admissible if there is
insufficient credit in the said license for debiting the leviable on the goods
but for this exemption;
(5) that the imports against the said certificate are undertaken through sea
ports at Mumbai, Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore,
Marmagoa, Madras, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, ,Nagapattinam, Mundhra, Okha, Bedi (including Rozi �Jamnagar), Old[Muldwarka and Porbander]
1[Muldwarka,
Porbander, Dharamtar 5[Vadimar and 6[Haldia
(Haldia Dock complex of Kolkata port) 9[Krishnapatnam
and Ennore (Tamil Nadu)] Old[and Krishnapatnam]] Old[Haldia (Halida
Dock Complex of Kolkata Port)] Old[and Vadinar]] or
through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai,
Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Madras, Srinagar, Trivandrum,
Varanasi, Nagpur,#[Cochin, 3[Rajasansi (Amritsar),
Lucknow (Amausi) 5[Indore and Dabolim
(Goa)] Old[and Indore]] Old[Rajasansi (Amritsar) and Lucknow (Amausi)]] or through
any of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi,
Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana,
Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi,
Nasik, Rudrapur (Nainital), Dighi (Pune), Vadodara, Daulatabad, (Wanjarwadi and
Maliwada), Malanpur,8[Waluj (Aurangabad),Talegoan(District
Pune), Dhannad Rau (District Indore),Kheda (Pithampur, District Dhar) 9[Patli
(Gurgaon), Irugur Village (Tamil Nadu), Thudiyalur (Tamil Nadu),
Chettipalayam(Tamil Nadu) and Veerapandi
(Tamil Nadu),] Old[and
Patli (Gurgaon)]] Old[Waluj (Aurangabad), Anaparthy (Andhra Pradesh), Salem,
Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara,
Pondichery, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata (Amritsar),
Karur, Miraj, Rewari,
Bhusawal, Jamshedpur, Surajpur, #[Dadri,
Tuticorin, Kundli, Old[Bhadohi and Raipur] 1
[Bhadohi,
#
Substituted Vide CUS NTF NO. 97/2005 DT. 17/11/2005.
In Condition 5 bold words have been substituted vide CUS NTF NO. 77/2005,
DATE 22/08/2005.
(Condition (5) has been amended vide Cus Ntf No.46/2005 Date 17/05/2005)
(Condition (5) has been amended vide Cus Ntf No.84/2003 Date 27/05/2003, Ntf
No. 63/2004 dated 14-5-2004)
*(6) that where the importer does not claim exemption from the additional duty
of customs leviable under section 3 of the said Customs Tariff Act, he shall be
deemed not to have availed the exemption from the said duty for the purpose of
calculation of the said additional duty of customs.
*(7) that the importer shall be entitled to avail of the drawback or CENVAT
credit of additional duty leviable under section 3 of the said Customs Tariff
Act against the amount debited in the said certificate.'
Explanation :- In this notification,-
(i) "Capital Goods" has the same meaning as assigned to it in
paragraph 9.10 of the Export and Import Policy,-
(ii) "goods" means,-
(a) capital Goods;
(b) office equipment ( including Computer systems, Software, Fax/ machine,
Telephone); and
(c) raw materials, components, intermediates, consumables and parts other than
agricultural and dairy products;
(iii) "Export and Import Policy" means the Export and Import Policy
2002-2007, published by the Government of India in the Ministry of Commerce and
Industry vide notification No.1(RE:2003), dated the 31st March 2003 as amended
from time to time;
(iv) "Licensing Authority" means the Director General of Foreign Trade
appointed under section 6 of the Foreign Trade (Development and Regulation )
Act,1992 (22 of 1992) or an officer authorised by him to grant a license under
the said Act.
* Inserted Vide CUS NTF NO. 97/2005 DT. 17/11/2005.
1. Amended vide Notification No. 41/2006-Cus, Dt. 5/05/2006
2. Substituted vide Notification No. 117/2006-Cus Dated 19/12/2006
3. Substituted vide Notification No. 63/2007-Cus Dated 4/5/2007
4. Substituted vide Notification No. 116/2007-Cus Dated 30/11/2007
5. Substituted vide Notification no. 63/2008 -Cus Dated 8/5/2008
6. Substituted vide Notification No. 19/2009-Cus Dated 24/2/2009
7. Substituted vide Notification No. 105/2009-Cus Dated 14/9/2009
8. Substituted vide Notification No. 123/2009-Cus Dated 10/11/2009
9. Substituted vide Notification No. 93/2010-Cus Dated 14/09/2010
as amended by [Notification Nos. 84/2003-Cus dt 27-5-2003, 63/2004-Cus dt 14-5-2004, 46/2005-Cus dt 17-5-2005, 77/2005-Cus dt 22-8-2005 97/2005-Cus dt 17-11-2005, 41/2006-Cus dt. 5/05/2006, 117/2006-Cus dt. 19/12/2006, 63/2007-Cus dt 4/5/2007 ,116/2007-Cus Dt. 30/11/2007, 19/2009-Cus dt. 24/2/2009 ,105/2009-Cus dt. 14/9/2009 ,123/2009-Cus dt. 10/11/2009 and 93/2010-Cus Dt. 14/09/2010.]