Amendment to Notification No. 45-Customs [Section 69] - 185/89 - Customs -Tariff

Amendment to Notification No. 45-Customs [Section 69] Notification No. 185/89-Cus. Dated 16-6-1989 In exercise of the powers conferred by sub-section (2) of Section 69 of the Customs Act, 1962 (52 of 1962), the Central Government hereby makes the following further amendments in the notification of the Government of India in the Central Board of Revenue No. 45-Customs, dated the 1st February, 1963, namely :- In the said notification, the following paragraph shall be added at the end, namely :- "Nothing contained in this notification shall apply to any wareshoused goods - (a) if such goods are exported to any place in Nepal against irrevocable letters of credit in freely convertible currency established by Nepalese importers in favour of Indian exporters for the value of such goods; or (b) if such goods are exported to any place in Nepal for supplies to projects financed by any United Nations Agency or the International Bank for Reconstruction and Development Association or the Asian Development Bank or any other multilateral agency of the like nature and for which payment is received in freely convertible currency; or (c) if such goods as are specified in the Annexure below (hereinafter referred to as the "capital goods") are exported to any place in Nepal against any global tender invited by His Majesty's Government of Nepal and for which payment is received in Indian currency, subject to the conditions that - (i) a certificate duly signed by the concerned bank in India is produced showing that the payment in freely convertible currency or, as the case may be, in Indian currency has been duly received by the said bank; and (ii) where such export takes place through a land customs station, such export shall be only through the land customs station at Jogbani or Raxaul. ANNEXURE Capital Goods Goods, that is to say, all items of machinery including prime movers, instruments, apparatus and appliances, control gear and transmission equipment as well as auxiliary equipment (including those required for research and development purposes, testing and quality control), required by an investor for production of goods or for rendering services, including those for replacement or expansion. Explanation. - For the purpose of this notification, "freely convertible currency" means Australian Dollars, Austrian Schillings, Baharin Dinars, Belgian Francs, Canadian Dollars, Danish Kroners, Deutsche Marks, French Francs, Hongkong Dollars, Italian Lire, Japanese Yen, Kuwaiti Dinar, Malaysian Dollars, Netherlands Guilders, Norwegian Kroners, Pounds Sterling, Singapore Dollars, Swedish Kroners, Swiss Francs and U.S.A. Dollars and includes Indian currency bought by the Asian Development Bank by payment to the Reserve Bank of India in foreign exchange."