TMI BlogAmendment to various Customs Notifications of 17 in numberX X X X Extracts X X X X X X X X Extracts X X X X ..... he said Complex with the gold or silver or platinum of the equivalent quantity in weight as that of gold or silver or platinum, as the case may be, contained in the said jewellery, permitted subject to such conditions as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs."; (b) in condition (xiii), in Explanation, in clause (c), for the word and figures 'para 8.34', the word, figures, brackets and letter "para 6.15(d)" shall be substituted; (c) in condition (xv), for the portion beginning with the word and figures "para 16" and ending with the words "Commissioner of Customs", the following shall be substituted, namely:- "Export and Import Policy and the Handbook of Procedures Volume I, for sale to a tourist as defined in the Baggage Rules, 1998, leaving India in accordance with the procedure specified by the Commissioner of Customs; (2) in paragraph 2, for the portion beginning with the words "Export and Import Policy", and ending with the words "as amended from time to time:", the following shall be substituted, namely:- "Export and Import Policy read with Chapter 6 of the Handbook of Procedures Volume-I:"; (3) in the Explanation, aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... book of Procedures Volume-I :", shall be substituted; (3) in the Explanation, after clause (b), the following clauses shall be inserted, namely:- '(c) "Export-Import Policy" means the Export and Import Policy 1st April, 2002-31st March, 2007 published by the Government of India in the Ministry of Commerce and Industry vide notification No. 1/2002-07, dated 31st March, 2002, as amended from time to time; (d) "Handbook of Procedures Volume I' means the Handbook of Procedures Volume I, 2002-2007 published by the Government of India in the Ministry of Commerce and Industry vide Public Notice No.1/2002-07, dated the 31st March, 2002." 3. 138/91- Customs, dated the 22nd October, 1991. In the said notification, - (a) in paragraph 1,- (i) for the words "said Customs Act,", the words " said Customs Act, or procured from international exhibitions held in India,", shall be substituted; (ii) in condition (6), for the portion beginning with the words "Export and Import Policy" and ending with the words, figures and letters "Notification No. 1/1997-2002, dated 31st March, 1997,", the following shall be substituted, namely:- "Export and Import Policy 1st April, 2002- 31st March, 2007, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks or Software Technology Park for use within the unit as per the procedure specified by him in this behalf and subject to the permission of the Chief Executive of the Software Technology Park."; (b) in the Table,- (i) against S. No.7, in column (2), for the words " spares and consumables thereof", the words " computer, laptop, server, spares, consumables thereof" shall be substituted; (ii) against S.No.10, in column (2), for the word "air-conditioners", the words "air-conditioning system" shall be substituted. 5. 95/93-Customs, dated the 2nd March, 1993. In the said notification, (a) in paragraph 1, - (i) for the words "said Customs Act,", the words " said Customs Act, or procured from international exhibitions held in India," shall be substituted; (ii) in condition (8), for the figures "20%", the words "fifteen per cent." shall be substituted; (iii) in condition (12), for the words "transfer of goods", the words " transfer of capital goods" shall be substituted; (iv) in the Explanation, for clause (b), the following clause shall be substituted, namely:- '(b) "Export and Import Policy" means Export and Import Policy 1st April, 2002- 31st March, 2007 published by the G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held in India," shall be substituted; (ii) in condition (3), in clause (b), for the figures "20%", the words "fifteen per cent." shall be substituted; (iii) in condition (6), for clause (c), the following clause shall be substituted, namely:- "(c) permit the capital goods or goods produced, manufactured or packaged to be supplied/ transferred without payment of duty from the unit to another hundred per cent Export Oriented Undertaking or to a unit in an Export Processing Zone or Special Economic Zone for use in the unit."; (b) after paragraph 3, the following paragraph shall be inserted, namely:- "4. Notwithstanding anything contained in this notification, the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may permit the seeds specified in Item number 2 and the goods specified against Item number 6 and Item numbers 16 to 22 of Annexure-I, to be taken out to the fields /farms of contract farmers of the unit for production or in connection therewith; and to bring back the produce to the unit for exports, in accordance with provisions of Export and Import Policy and Handbook of Procedures, Volume-I and subject to the following condition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts so taken out to the fields/ farms of the contract farmers; (h) in respect of goods specified at Item numbers 16 to 22 of Annexure-I and transferred to the fields/ farms of the contract farmers, at any point of time as may be decided by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, the unit shall be required to account for the goods so transferred to the farms/ fields of the contact farmers; (i) in case of non-accountal of goods so transferred or use of the goods in farms or fields other than those declared to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, the unit shall pay duty forgone on such un-accounted goods along with the interest at the rate of twenty per cent. per annum within 10 days of receipt of demand notice, and in case of failure to pay the same, the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may en-cash the bank guarantee and disallow the duty free imports/ procurement under the notification."; (c) for Explanation, the following Explanation shall be substituted, namely:- 'Explanation.- For the purposes of this notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted; (c) in Annexure-I,- (i) against Sl. No. 2A, under column "Description of Goods", in the entry, for the words "air conditioners", the words "air-conditioning system" shall be substituted; (ii) against Sl. No. 4, under column " Description of Goods", in the entry, for the words "spares and consumables thereof", the words "computers, laptop, server, spares and consumables thereof" shall be substituted; (iii) for Sl. No.10 and the entries relating thereto, the following shall be substituted, namely:- " 10. A prototype or a technical sample for each of the existing products for the purpose of product diversification, development or evaluation.". 9. 177/94-Customs, dated the 21st October, 1994 In the said notification,- (1) in paragraph 1,- (a) in condition (8),- (i) for the second proviso, the following proviso shall be substituted, namely; "provided also that exchange of plain gold or plain silver or plain platinum jewellery, from any place in India to the said Zone with the gold or silver or platinum of the equivalent quantity in weight as that of gold or silver or platinum, as the case may be, contained in the said jewellery, permitted subject to such conditions as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia in the Ministry of Commerce and Industry vide Public Notice No. 1/2002-07, dated the 31st March, 2002.'. 11. 53/97-Customs, dated the 3rd June, 1997. In the said notification, - (a) for the words " said Export and Import Policy", wherever they occur, the words "Export and Import Policy" shall respectively be substituted; (b) in paragraph 1, - (i) for the portion beginning with the words "a Public Warehouse or a Private Warehouse" and ending with the brackets and words "(hereafter referred to as the said Export and Import Policy)", the following shall be substituted, namely:- "a Public Warehouse or a Private Warehouse appointed or licensed, as the case may be, under section 57 or section 58 of the said Customs Act, or procured from international exhibitions held in India for the purposes of manufacture of articles for export out of India or for being used in connection with the production or packaging or jobwork for export of goods or services out of India,"; (ii) in condition (6), for the figures "20%", the words " fifteen per cent." shall be substituted; (iii) in condition (7),for the word and figures "paragraph 9.10", the word and figures " paragraph 6.9' shall be su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to time,", the following shall be substituted, namely:- "Replenishment Licence referred to in para 4.80 of the Handbook of Procedures Volume-I, 1st April, 2002- 31st March, 2007, published by the Government of India in the Ministry of Commerce and Industry vide Public Notice No.1/2002-07, dated the 31st March, 2002, as amended from time to time,". 13. 42/99-Customs, dated the 28th April, 1999. In the said notification,- (a) in paragraph 1, for the words and figures "Diamond Imprest Licences issued under para 8.3 read with para 8.4 of the EXIM Policy, or by the holders of Gem Replenishment Licences referred to in para 8.30 of the HOP" , the words and figures "Diamond Imprest Licences issued under para 4.4.16 read with para 4.4.16.1 of the EXIM Policy, or by the holders of Gem Replenishment Licences referred to in para 4.58 of the HOP" shall be substituted; (b) in condition (i), for the word and figures "para 3.6", the word and figures "para 9.5" shall be substituted; (c) for the Explanation, the following Explanation shall be substituted, namely:- 'Explanation.- for the purposes of this notification,- (i) "Export- Import Policy" means the Export and Import Policy, 1st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -Customs, dated the 8th May, 2000. In the said notification,- (a) in paragraph 1,- (i) for the words "said Customs Act", the words "said Customs Act or procured from international exhibition held in India" shall be substituted; (ii) in condition (3), in clause (c), for the figures "20%", the words "fifteen per cent." shall be substituted; (b) for the Note, the following Note shall be substituted, namely:- 'Note:- For the purpose of this notification, "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.1/2002-07, dated the 31st March, 2002, as amended from time to time.'. 17. 137/2000-Customs, dated the 19th October, 2000. In the said notification,- (a) in paragraph 1,- (i) for the words "said Customs Act", the words "said Customs Act, or procured from international exhibitions held in India," shall be substituted; (ii) in condition (2), in clause (iii),- (a) for the letters, brackets, words and figures "NFEP (Net Foreign Exchange Earning as a Percentage of Exports) as provided in paragraph 9.32", the letters, brackets, words and figures "NFE (Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (d) after paragraph 6, the following paragraph shall be inserted, namely;- " 7. Nothing contained in this notification shall be applicable to a service providing unit which does not export services out of India."; (e) in the Explanation,- (i) for clause (a), the following clause shall be substituted, namely:- '(a) "Export-Import Policy" means the Export and Import Policy, 1st April, 2002-31st March, 2007 published by the Government of India in the Ministry of Commerce and Industry vide notification No. 1/2002-07, dated 31st March, 2002 as amended from time to time.'; (ii) for clause (e), the following clause shall be substituted, namely:- '(e) "Handbook of Procedures Volume I" means the Handbook of Procedures Volume I, 2002-2007 published by the Government of India in the Ministry of Commerce and Industry vide Public Notice No.1/2002-07 dated the 31st March, 2002.'. 18. 55/2001-Customs, dated the 16tb May, 2001. In the said notification,- (a) in paragraph 1,- (i) for the words , figures, brackets and letters "in terms of paragraph 8.13(b) of the Export & Import Policy", the words and figures "in terms of paragraph 4.4.2 of the Export and Import Policy" shall be substitu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Notification No.96/93-Customs, dated the 2nd March 1993, was published vide G.S.R. 255(E), dated the 2nd March 1993, and was last amended by notification No. 56/2001-Customs, dated the 18th May 2001 [G.S.R.377 (E), dated 18th May, 2001]. 7. Notification No.126/94-Customs, dated the 3rd June 1994, was published vide G.S.R. 488(E), dated the 3rd June 1994, and was last amended by notification No. 56/2001-Customs, dated the 18th May, 2001 [G.S.R. 377(E), dated the 18th May, 2001]. 8. Notification No.133/94-Customs, dated the 22nd June 1994, was published vide G.S.R. 526(E), dated the 22nd June 1994, and was last amended by notification No. 116/2001-Customs, dated the 6thNov, 2001 [G.S.R. 831(E), dated 6th Nov, 2001]. 9. Notification No. 177/94-Customs, dated the 21st October, 1994 was published vide G.S.R. 771(E), dated the 21st October, 1994, and was last amended by notification No. 116/2001-Customs, dated 6th Nov., 2001 [G.S.R. 831(E), dated the 6th Nov., 2001]. 10. Notification No.196/94-Customs, dated the 8th December 1994, was published vide G.S.R. 856(E), dated the 8th December 1994, and was last amended by notification No. 56/2001-Customs, dated the 18th May, 2001 [ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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