Amendment to Notification No. 138/88-Cus. [CH. 90] - 291/88 - Customs -Tariff

Amendment to Notification No. 138/88-Cus. [ CH. 90] Notification No. 291/88-Cus. Dated 14-10-1988 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 amendments in the notification of the Government of India in Ministry of Finance (Department of Revenue) No. 138/88-Customs, dated the 18th April, 1988, namely :- In the said notification,- (i) In the opening portion, the words "by a Non-Resident Indian" shall be omitted; (ii) for the conditions (i) to (iv) following shall be substituted, namely,- "(i) the CIF cost of the said goods shall be paid for by an Indian citizen residing abroad for a minimum period of one year immediately preceding the shipment of the said goods and he affirms on oath before a Notary of the country where he is residing that he has been residing there for a minimum period of one year and produces such an affidavit before the Assistant Collector of Customs alongwith a photocopy of his passport at the time of clearance; (ii) the customs duty payable on the said goods shall be paid from the proceeds of foreign exchange remitted into India by such Indian citizen; (iii) evidence regarding compliance of conditions (i), (ii) above is produced to the Assistant Collector of Customs at the time of importation before the concession is allowed. Explanation : For the purpose of condition (i), short visits, if any, made by the said Indian citizen to India during the aforesaid period of one year shall be ignored, if the total duration of stay of these visits does not exceed three months : Provided that on sufficient cause being shown by the said Indian citizen, the Collector of Customs may condone the period of stay in India in excess of three months."