Notification No. 32/2005-Cus Dated 08-04-2005
Exemption on goods imported into India against a Duty Credit Certificate issued under the Target Plus Scheme.- 5[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 of the Foreign Trade 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 of the Foreign Trade Policy in case they are imported by the status holders of other sectors;
when imported into
India against a Duty Credit Certificate (hereinafter referred to as the said
certificate) issued under paragraph 3.7 of the Foreign Trade Policy) from]
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 credit certificate issued under the Target Plus Scheme
in accordance with paragraph 3.7 of the Foreign Trade Policy (hereinafter
referred to as the said certificate) from, -
(a) the whole of the duty of customs leviable thereon under the First Schedule
to the Customs Tariff Act 1975 (51 of 1975); and
(b) the whole of the additional duty leviable thereon under section 3 of the
said Customs Tariff Act,-
subject to the following conditions, namely :-
(1) that the benefit under this notification shall be available only in respect
of duty credit certificate issued under the said Scheme to a Star Export House
on the basis of incremental growth in FOB value of exports made during the
financial year 2004-05 over the exports made during the financial year 2003-04;
(2) that the said certificate has been issued to a Star Export House by the
licensing authority and it is 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 exemption from duty shall not be admissible if there is
insufficient credit in the said certificate for debiting the duties leviable on
the goods, but for this exemption;
(3) 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 said
certificate, the said goods may be utilised by the said supporting
manufacturer(s);
(4) that in respect of capital goods, office equipment and professional
equipment, a certificate from jurisdictional Deputy Commissioner of Central
Excise or Assistant Commissioner of Central Excise, as the case may be, is
produced confirming installation and use of goods in the importer�s factory or
premises within six months from the date of import or within such extended
period as the Deputy Commissioner of Customs or Assistant Commissioner of
Customs may allow :
Provided that in respect of units which are not registered with the central
excise, the said installation certificate may be issued by an independent
Chartered Engineer;
Provided further that where the capital goods, office equipment and professional
equipment, are imported by a merchant exporter having supporting manufacturer(s),
the goods may be installed in the factory or premises of the said supporting
manufacturer(s);
(5) that the imports against the said certificate are undertaken through sea
ports at Mumbai, Sikkim, Kolkata, Cochin, Magdalla, Kakinada, Kandla, Mangalore,
Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin,
Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi �
Jamnagar), 1[Muldwarka, Porbander, Dharamtar
3[Vadimar and 4[Haldia (Haldia Dock complex of Kolkata port)
7[Krishnapatnam and Ennore (Tamil Nadu)]
Old[and Krishnapatnam]] Old[Haldia (Halida Dock Complex of
Kolkata Port)]
Old[and Vadinar]] Old[Muldwarka and Porbander] or through any of the airports at Ahmedabad,
Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur,
Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, [Cochin, 2[Rajasansi
(Amritsar), Lucknow (Amausi) 3[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), 6[Waluj
(Aurangabad),Talegoan(District Pune), Dhannad Rau (District Indore),Kheda (Pithampur,
District Dhar) 7[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, Malanpur, Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad,
Bhiwadi, Madurai, Bhilwara, Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera
Bassi), Chheharata (Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur,
Surajpur, [Dadri, Tuticorin, Kundli, 1[Bhadohi,
[Condition 5 has been amended vide Notification Nos. 46/2005-Cus dt 17-5-2005, 77/2005-Cus dt 22-8-2005 and 97/2005-Cus dt 17-11-2005.]
*(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.
* [Condition 6 inserted Vide CUS NTF NO. 97/2005 DT. 17/11/2005 and earlier condition 6 re-numbered as condition 7.]
(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.
2. The following categories of exports shall not be counted for calculation of
export performance or for computation of entitlement under the scheme -
(i) export of imported goods covered under para 2.35 of the Foreign Trade Policy
or exports made through transhipment;
(ii) export turnover of units operating under SEZ/EOU/EHTP/STP/BTP; Schemes or
products manufactured by them and exported through DTA units;
(iii) deemed exports (even when payments are received in Free Foreign Exchange
and payment is made from EEFC account);
(iv) service exports;
(v) exports of rough, uncut and semi-polished diamonds and other precious
stones;
(vi) exports of gold, silver, platinum and other precious metals in any form,
including plain and studded jewellery;
(vii) Export performance made by one exporter on behalf of another exporter.
3. The Target Plus Scheme may be re-notified for subsequent years with such
modifications as are necessary.
Explanation, - In this notification -
(i) "goods" means any inputs, capital goods including spares, office
equipment, professional equipment, office furniture, and agricultural products
listed in Chapters 1 to 24 of the First Schedule to said Customs Tariff Act as
may be notified by DGFT from time to time, which are freely importable under the
Foreign Trade Policy;
(ii) "capital goods" has the same meaning as assigned to it in
paragraph 9.12 of the Foreign Trade Policy;
(iii) "Foreign Trade Policy " means the Foreign Trade Policy
2004-2009, published by the Government of India in the Ministry of Commerce and
Industry vide notification No.1/2004, dated the 31st August, 2004 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.
1. Substituted vide Notification No. 41/2006-Cus Dated 5-5-2006
2. Substituted vide Notification No. 63/2007-Cus Dated 4/5/2007
3. Substituted vide Notification No. 63/2008-Cus Dated 8/5/2008
4. Substituted vide Notification No. 19/2009-Cus Dated 24/2/2009
5. Substituted vide Notification No. 105/2009-Cus Dated 14/9/2009
6. Substituted vide Notification No. 123/2009-Cus Dated 10/11/2009
7. Substituted vide Notification No. 93/2010-Cus Dated 14/09/2010
as amended by [Notification Nos. 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 ,63/2007-Cus dt 4/5/2007 ,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.]