9911796707
TMI BlogExempts goods imported for export of engineering and electronic products, basic chemicals and pharmaceuticals, apparels and textiles, plastics, handicrafts, chemicals and allied products and leather and leather products - Export Promotion Capital Goods (EPCG) Scheme) - Common Service providerX X X X Extracts X X X X X X X X Extracts X X X X ..... irst Schedule to the Customs Tariff Act, 1975 (51 of 1975), and (ii) the whole of the additional duty leviable thereon 28[ under sub-sections (1), (3) and (5) of section 3 ] of the said Customs Tariff Act, when specifically claimed by the importer. 2. The exemption under this notification shall be subject to the following conditions, namely :- 1[(1) that the goods are imported for export of engineering and electronic products, basic chemicals and pharmaceuticals, apparels and textiles, plastics, handicrafts, chemicals and allied products, leather and leather products, paper and paperboard and articles thereof, ceramic products, refractories, glass and glassware, rubber and articles thereof, plywood and allied products, marine products, sports goods and toys and are other than those required for export of products covered under following chapters or headings of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), namely:- Chapters 1, 2, 4, 5 (except handicrafts), 6 to 24, 25 to 27, 31, 43, 44 (except plywood and allied products), 45, 47, 68 (except handicrafts), 71,81 (metals in primary and intermediate forms only), 89, 93, 97 (except handicrafts), 98; headings 40 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... users is not issued, in the year of issuance of zero duty EPCG authorization, the duty credit scrips under SHIS scheme under para 3.16 of the Foreign Trade Policy. 13[Provided that this condition shall not be applicable where already availed SHIS benefit that is unutilized is surrendered or where benefits availed under SHIS that is utilized is refunded, with applicable interest, before availing zero duty EPCG authorization. SHIS scrips which are surrendered or benefit refunded or not issued] in a particular year for the reason that zero duty EPCG authorization has been issued in that year shall not be issued in future years also.] 3[(6) that the authorization for annual requirement shall indicate export product to be exported under the authorization. The authorization holder shall submit a Nexus Certificate from an independent Chartered Engineer (CEC) in the format specified in Appendix 32A of HBP (vol. I) notified under the Foreign Trade Policy, certifying nexus of imported capital goods with the export product, to the Customs authorities at the time of clearance of imported capital goods. A copy of the CEC shall be submitted to the concerned Regional Authority alongwith copy o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that spares (including refurbished/reconditioned spares), moulds, dies, jigs, fixtures, tools, refractory for initial lining and catalyst for initial charge, for the existing plant and machinery (imported earlier, under EPCG or otherwise), shall be allowed to be imported under the EPCG scheme subject to an export obligation equivalent to 50% of the normal export obligation prescribed above, to be fulfilled in 6 years reckoned from the date of issue of the Authorization, subject to the condition that the CIF value of import of the above spares etc. will be limited to 10% of the CIF value of the plant and machinery imported under the EPCG authorization or 10% of the book value of the plant and machinery imported earlier otherwise than under EPCG Scheme, as the case may be. Provided also that export obligation of a particular block may be set off against the excess exports made in the said preceding block(s); (9) that if the Authorization Holder does not claim exemption from the additional duty leviable 28[ under sub-sections (1), (3) and (5) of section 3 ]of the Customs Tariff Act, 1975, the additional duty so paid by him shall not be taken for computation of the net duty saved f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of installation and usage issued by an independent Chartered Engineer : (13) that the imports and exports are undertaken through sea ports at Bedi (including Rozi-Jamnagar), Chennai, Cochin, Dahej, 30[Dhamra, Dharamtar, 31[Dighi, Gopalpur,],] 27[ Haldia (Haldia Dock Complex of Kolkata Port), Hazira (Surat),] Kakinada, 22[Kandla, Kattupalli (Tamil Nadu), Kolkata], 6["Krishnapatnam 10[Ennore (Tamil Nadu) and Karaikal (Union territory of Puducherry)]] Magdalla, Mangalore, Marmagoa, Muldwarka, Mumbai, Mundhra,Nagapattinam, Nhava Sheva, Okha, Paradeep, Pipavav, Porbander, Sikka, Tuticorin, Visakhapatnam and Vadinar or through any of the airports at Ahmedabad, Bangalore, 23[Bhubaneswar, Calicut, Chennai,] Cochin, Coimbatore, Dabolim (Goa), Delhi, Hyderabad, Indore, Jaipur, Kolkata, Lucknow (Amausi), Mumbai, Nagpur, Rajasansi (Amritsar), Srinagar, 21[Trivandrum, Varanasi and Visakhapatnam] or through any of the Inland Container Depots at Agra, Ahmedabad, Anaparthy (Andhra Pradesh), Babarpur, Bangalore, Bhadohi, Bhatinda, Bhilwara, Bhiwadi, Bhusawal, Chheharata (Amritsar), Coimbatore, Dadri, Dappar (Dera Bassi), Daulatabad (Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Durgapur (Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erall period of export obligation shall not be allowed : Provided further that the Export Obligation period shall not be extended beyond 12 years including the original Export Obligation period of 6 years. 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 three 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, to be the same as the goods which were imported. 4. This notification, for import of goods specified at Serial Nos.1 and 2 of the said table, shall have effect upto 4[31st December, 2013] 32[5. In a case of default in export obligation, when the duty on goods is paid to regularise the default in terms of Public Notice of the Government of India, Ministry of Commerce and Industry No. 02/2023, dated the 1st April, 2023, the amount of interest to be paid by the importer shall be payable as specified in the said public notice dated the 1st April, 2023.] Explanation - For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uaculture(including fisheries), the Common Service provider or the specific user shall not be required to maintain the average level of exports subject to the condition that EPCG authorization has been obtained for goods other than fishing trawlers, boats, ships and other similar items. Provided also that the goods, excepting tools, imported under this notification by the aforesaid sectors, shall not be allowed to be transferred for a period of five years from the date of imports even in cases where export obligation has been fulfilled. Transfer of capital goods would, however, be permitted within the group companies, after fulfillment of export obligation but before five years from the date of imports, under intimation to Regional Authority and jurisdictional Central Excise Authority : 16[Provided also that the exports made to such countries as notified by the Director General of Foreign Trade, shall not be counted for fixing average level of exports]: Provided also that exports against only such shipping bills which mention the EPCG authorization No. and date shall be counted for the discharge of the export obligation; 12[Provided also that in the case of authorisations i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upply of ITA-1 items to Domestic Tariff Area, provided realization is in free foreign exchange; (c) Royalty payments received in freely convertible currency and foreign exchange received for Research and Development (R&D) services; and (d) Payments received in rupee terms for port handling services in terms of chapter 9 of the Foreign Trade Policy. 4. "Foreign Trade Policy" means the Foreign Trade Policy 2009-2014 published in the gazette of India, Part II, Section 3, Sub-section (ii) vide notification of the Government of India in the Ministry of Commerce and Industry, No.1/2009-2014 dated the 27 th August, 2009 as amended from time to time; 5. "Licensing Authority or Regional Authority" means the Director General of Foreign Trade appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorized by him to grant an authorization under the said Act; 6. "Manufacture" has the same meaning as defined in clause (f) of section 2 of the Central Excise Act, 1944 (1 of 1944). 7. "Towns of Export Excellence(TEE)" means a selected town producing goods of ₹ 750 Crores or more based o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, 2011" Further Substituted vide Notification No. 42/2012-Customs, Dated 22/06/2012, before it was read as:- "31st December, 2012" 5. Clause 1 in the explanation renumbered as 1A new clause 1 inserted vide notification no. 92/2010 Cus dated 10-9-2010 6. Substituted By Notification No. 93/2010-Cus, dated 14-9-2010. before substitution it was read as, "Krishnapatnam", 7. Substituted by Notification No. 123/2009-Cus, dated 10-11-2009. before substitution it was read as, " Waluj (Aurangabad) ", 8. Substituted by Notification No. 93/2010-Cus, dated 14-9-2010. before substitution it was read as "Patli (Gurgaon)" 9. Substituted vide Notification No. 40 /2011 - Customs, Dated 19/05/2011, before it was read as:- "and Veerapandi (Tamil Nadu)," 10. Substituted vide Notification No. 37/2012-CUSTOMS, Dated 24/05/2012, before it was read as:- "and Ennore (Tamil Nadu)" 11. Substituted vide Notification No. 40/2012-CUSTOMS, Dated 14/06/2012, before it was read as:-"and Marripalem Village in Taluk of Edlapadu, District Guntur" 12. Inserted vide Notification No. 42/2012-Customs, Dated 22/06/2012 13. Substituted vide Notific ..... X X X X Extracts X X X X X X X X Extracts X X X X
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