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TMI BlogExemption to Capital goods, their components and Spares when imported against on EPCG LicenceX X X X Extracts X X X X X X X X Extracts X X X X ..... issued under the Export Promotion Capital Goods Scheme in terms of Chapter 5 of the Foreign Trade Policy permitting import of goods at the rate of five percent duty and the said licence or authorisation is produced for debit by the proper officer of customs at the time of clearance: Provided that for import of spare parts specified at S.No.4 of the said Table, the validity period of the licence or authorisation shall be deemed to be the period permitted for fulfillment of the export obligation in full; (2) that the importer executes a bond in such form and for such sum and with such surety or security as mayd be specified by the Deputy Commissioner of Customs or Assistant Commissioner of Customs binding himself to fulfil export obligation on FOB basis equivalent to eight times the uty saved on the goods imported as may be specified on the licence or authorisation, or for such higher sum as may be fixed by the Licensing Authority or Regional Authority, within a period of eight years from the date of issue of licence or authorisation, in the following proportions, namely :- S.No. Period from the date of issue of licence or authorisation Proportion of total export obligation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ] of the Customs Tariff Act, 1975, the additional duty so paid by him shall not be taken for computation of the net duty saved for the purpose of fixation of export obligation provided the Cenvat credit of additional duty paid has not been taken; (4) that the importer produces within 30 days from the expiry of each block from the date of issue of licence or authorisation or within such extended period as the Deputy Commissioner of Customs or Assistant Commissioner of Customs may allow, evidence to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of Customs showing the extent of export obligation fulfilled, and where the export obligation of any particular block is not fulfilled in terms of the preceding condition, the importer shall within three months from the expiry of the said block pay duties of customs of an equal amount equal to that portion of duties leviable on the goods, but for the exemption contained herein which bears the same proportion as the unfulfilled portion of the export obligation bears to the total export obligation together with interest at the rate of 15 per cent per annum from the date of clearance of the goods; (4A) wher ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undertaken through seaports at Mumbai, Kolkata, Cochin, Magdalla, Kakinada, Kandla Mangalore, Marmagoa, Chennai, Nhava Sheva, Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra, Nagapattinam, Okha, Bedi (including Rozi Jamnagar), Muldwarka, Porbander, Dharamatar, Vadinar Haldia (Haldia Dock complex of Kolkata port) 4[Krishnapatnam 6[12[Ennore (Tamil Nadu), Karaikal (Union territory of Puducherry) and Kattupalli (Tamil Nadu)]]] or through any of the airports at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi, Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin, Rajasansi (Amritsar), Lucknow (Amausi), 11[Indore, 14[Dabolim (Goa), Visakhapatnam and Calicut]] 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), 7[Waluj (Aurangabad) , Talegoan(District Pune), Dhannad Rau (District Indore), Kheda (Pithampur, District Dhar) 8[Patli (Gurgaon), Irugur Villag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fulfill other conditions as may be specified by the Regional Authority for this purpose. 3. Where the goods specified in the said Table are found defective or unfit for use, the said goods may be re-exported back to the foreign supplier within 3 years from the date of payment of duty on the importation thereof: Provided that at the time of re-export, the goods are identified to the satisfaction of the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, as the goods which were imported. TABLE S.No. Description of goods 1 2 1. Capital goods for pre-production, production and post production including second hand capital goods. 2. Capital goods in SKD/CKD conditions to be assembled into capital goods by the importer. 13. Omitted 24. spare parts of goods specified at S.Nos.1 and 2 as actually imported and required for maintenance of capital goods so imported, assembled or manufactured 35. Spare parts for the existing plant and machinery of the licence or authorisation holder. 4. Waiver of Export Obligation may be considered where, because of force majeure or other unforeseen circumstance/reasons, exporter is unable to fulfill e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same products capable of being manufactured with the use of said capital goods; or (b) export of same products manufactured in different units of the licence or authorisation holder; or (c) through third party exports made by an exporter or manufacturer on behalf of the licence or authorisation holder by exporting the same product and in such cases, inter-alia the shipping bills shall indicate name of both the third party and the licence or authorisation holder; or (d) making supplies of manufactured product in terms of paragraph 5.4 of the Foreign Trade Policy; or (e) export of other goods manufactured by the importer; (ii) in relation to importers rendering services, means, receiving payments in freely convertible foreign currency for services rendered through the use of capital goods : Provided that in respect of units holding licence or authorisation both as manufacturer exporter and service provider, the export obligation may be fulfilled either by export of products specified in sub-clause (i) or by receiving payments in freely convertible foreign currency for services rendered through the use of such capital goods. Provided further that in respect of Group Comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... USTOMS, Dated 14/06/2012, before it was read as:-"and Marripalem Village in Taluk of Edlapadu, District Guntur" 10. Substituted vide Notification No. 50/2012-Customs, dated 10/09/2012, before it was read as:- "and Tondiarpet (TNPM), Chennai " 11. Substituted vide Notification No. 4/ 2013 - Customs, dated 14/02/2013 before it was read as:- "Indore and Dabolim (Goa)". 12. Substituted vide Notification No. 20/2013 - Customs dated 3/04/2013, before it was read as "Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry)". 13. Inserted vide Notification No. 46/2013-Customs dated September 26, 2013. 14. Substituted vide Not. 05/2015 - Dated 20-2-2015 before it was read as, "Dabolim (Goa) and Visakhapatnam" 15. Substituted vide Not. 05/2015 - Dated 20-2-2015 before it was read as,"Babarpur and Loni (District Ghaziabad)" 16. Substituted vide Not. 26/2017 - Dated 29-6-2017, 1st day of July, 2017 , before it was read as. "under section 3" 17. Substituted vide Not. 26/2017 - Dated 29-6-2017, 1st day of July, 2017 , before it was read as. "under section 3" 18. Substituted vide Not. 26/2017 - Dated 29-6-2017, 1st day of July, 2017 , before it was read as. " ..... X X X X Extracts X X X X X X X X Extracts X X X X
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