Petroleum operations under specified contracts - Amendment to Notification No. 11/97-Cus. - 05/98 - Customs -Tariff

Petroleum operations under specified contracts - Amendment to Notification No. 11/97-Cus. Notification No. 5/98-Cus. Dated 10-3-1998 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 makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 11/97-Customs, dated the 1st March, 1997, namely :- In the said notification, - (1) In the TABLE, after S. No. 154 and the entries relating thereto, the following serial number and entries shall be inserted, namely, - (1) (2) (3) (4) (5) (6) "154A 84 or any other chapter Goods specified in List 12 required in connection with petroleum operations under- taken under specified contracts Nil Nil 36A"; (2) In the ANNEXURE, for condition No. 36 and the entries relating thereto, the following condition Nos. and entries shall be substituted, namely :- "36 If, - (a) the goods are imported by an Indian Company or Companies, a Foreign Company or Companies, or a consortium of an Indian Company or Companies and a Foreign Company or Companies (hereinafter referred to as the "contractor") or a sub-contractor of such Company or Companies or consortium and in each case in connection with petroleum operations to be undertaken under a contract with the Government of India; (b) where the importer is a contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following, namely :- (i) a certificate from a duly authorised officer of the Directorate General of Hydro Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the imported goods are required for petroleum operations referred to in clause (a) and have been imported under the contract referred to in that clause, and (ii) a certificate, in the case of a contract entered into by the Government of India and a Foreign Company or Companies or, the Government of India and a consortium of an Indian Company or Companies and a Foreign Company or Companies, that no foreign exchange remittance is made for the imports of such goods undertaken by such Foreign Company or Companies; (c) where the importer is a sub-contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following, namely :- (i) a certificate from a duly authorised officer of the Directorate General of Hydro Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the imported goods are required for petroleum operations referred to in clause (a) and have been imported under the contract referred to in that clause and containing, the name of such sub-contractor, (ii) an affidavit to the effect that such sub-contractor is a bona fide sub-contractor of a contractor, (iii) an undertaking from such contractor, binding him to pay any duty, fine or penalty that may become payable, if any of the conditions of this notification are not complied with, by such sub-contractor or contractor, as the case may be; and (iv) a certificate, in the case of a contract entered into by the Government of India and a Foreign Company or Companies or, the Government of India and a consortium of an Indian Company or Companies and a Foreign Company or Companies, that no foreign exchange remittance is made for the import of such goods undertaken by the sub-contractor on behalf of the Foreign Company or Companies : Provided that nothing contained in this sub-clause shall apply if such sub-contractor is an Indian Company or Companies. 36A If, - (a) the goods are imported by an Indian Company or Companies, a Foreign Company or Companies, or a consortium of an Indian Company or Companies and a Foreign Company or Companies (hereinafter referred to as the "contractor") or a sub-contractor of such Company or Companies or such consortium and in each case in connection with petroleum operations to be undertaken under a contract signed with the Government of India, on or after the 1st day of April, 1998, under the New Exploration Licensing Policy; (b) where the importer is a contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following, namely :- (i) a certificate from a duly authorised officer of the Directorate General of Hydro Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the imported goods are required for such petroleum operations and have been imported under a contract signed under the New Exploration Licensing Policy; and (ii) a certificate, in the case of a contract entered into by the Government of India and a Foreign Company or Companies or, the Government of India and a consortium of an Indian Company or Companies and a Foreign Company or Companies, that no foreign exchange remittance is made for the imports of such goods undertaken by the Foreign Company or Companies; (c) where the importer is a sub-contractor, he produces to the Assistant Commissioner of Customs, at the time of importation, the following, namely :- (i) a certificate from a duly authorised officer of the Directorate General of Hydro Carbons, in the Ministry of Petroleum and Natural Gas, Government of India, to the effect that the imported goods are required for petroleum operations referred to in clause (a) and have been imported under a contract signed under the New Exploration Licensing Policy and containing the name of such sub-contractor, (ii) an affidavit to the effect that such sub-contractor is a bona fide sub-contractor of a contractor, (iii) an undertaking from such contractor, binding him to pay any duty, fine or penalty that may become payable, if any of the conditions of this notification are not complied with, by such sub-contractor or contractor, as the case may be; and (iv) a certificate, in the case of a contract entered into by the Government of India and a Foreign Company or Companies or, the Government of India and a consortium of an Indian Company or Companies and a Foreign Company or Companies, that no foreign exchange remittance is made for the import of such goods undertaken by the sub-contractor on behalf of the Foreign Company or Companies : Provided that nothing contained in this sub-clause shall apply if such sub-contractor is an Indian Company or Companies."; (3) in LIST 12, in the heading, for the brackets, words, letters and figures "(See S. No. 154 of the Table)", the brackets, words, letters, and figures "(See S. Nos. 154 and 154A of the Table)" shall be substituted.