Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Draft Circular pertaining to disposal of seized/confiscated cylinder filled with refrigerant gases seeking comments thereon- reg.

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 009 -Cus dated 19.06.2009 on disposal of refrigerant gases. Looking into the difficulties faced by the field formations in disposal of refrigerant gases, a fresh circular on the issue is proposed to be issued to address the issue. Copy of the draft circular is enclosed below. 2. Feedback and suggestions are solicited from the stake holders for improvement / amendment in the same, to make the circular effective for speedy disposal of hazardous refrigerant gases. The comments / suggestions may be sent at [email protected]. Encl: As above (A.C. Mallick) Under Secretary (AS) Email: [email protected] Telefax: 011-26177577 Draft Circular F. No. 711.20.2013 Cus (AS) Sir/ Madam, Subject: Disposal o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ructed to a type and standard specified in Schedule 1 as amended from time-to-time by an order issued by the Chief Controller, (b) the test and inspection certificates issued by the inspecting authority in respect of cylinder and its valve are made available to the Chief Controller and prior approval of the said authority is obtained. ii. As per Rule 29 of the said Rules, no person shall import any cylinder filled or intended to be filled with any compressed gas except under and in accordance with the conditions of a licence granted under these rules and the relevant provisions of Foreign Trade (Development Regulations) Act, 1992. iii Also, as per Rule 43 of the said Rules, no person shall fill any cylinder with compres .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... auctioned by the Department to the firms listed under this Circular only and after getting it verified that the same are empty, may be disposed of by General auction / sold as scrap after obtaining undertaking to dispose of same as per requirements of Rule 36 of the Gas Cylinder Rules, 2004 following IS: 9200 procedure. The Controller of explosives has been requested to facilitate PESO permission to the purchaser firms of refrigerant gases from Customs for destruction/disposal of decanted cylinders in a week's time of putting in the application. 2 India, being a signatory to the Montreal Protocol- the multilateral environment treaty, needs to comply with the agreed schedule of production and consumption for phase-out .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and to submit details as per Rules to the MoEF. 2.4 It is also seen that HCFC-22 is often imported by unscrupulous elements by mislabelling and misdeclaring the same. To prevent such illegal imports, it is necessary to identify the actual refrigerant gas being imported by use of refrigerant identifiers, viz. Refrigerant Analysers available with DRI to identify the actual gas being imported before clearance. 2.5 As per the Montreal Protocol requirements, the MoEF monitors production, consumption, import and export of ODSs through the data submitted by various Producers, concerned Departments / Ministries and also through the audit. The MoEF has stated that in case of traders / wholesalers/ Stockiest or other consumers, there is n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... which the Director, Ozone Cell has agreed to facilitate the approval process subject to the proposal being received through the Customs field formations/CBEC. v. Name of the countries from where the cylinder containing such refrigerant gases were illegally imported should be intimated to the Ozone Cell, so that the National Ozone Units (NOUs) of those countries may be informed of the same to prevent further illegal import to India. 4. The disposal of seized refrigerant cylinders can be made through auction in accordance with the provisions laid down under the Gas Cylinder Rules, 2004 to the firms listed here under provided they are specifically permitted in writing to decant such gases in approved cylinders by the Chief Controller o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sidiary of M/s, Hindustan Organic Chemical Ltd a Government of India Enterprise) 303, 3rd floor Babukhan Estate, Bashir Bagh, Hyderabad 500001 Email : [email protected] 5.1 Since only above mentioned firms are eligible so far to participate in auction the field formations taking up disposal of such refrigerant gas cylinders should communicate about the auction to all of them and to the Secretary, Refrigerant Gas Manufacturers Association (REGML-1), C/o SRF Limited, Block-C, Sector-45, Gurgaon-122003 to have better price and improved chances of disposal. 5-2 When the refrigerant cylinders to be auctioned are in large quantity, the auctioning authority may consider the option of having auction of smaller lots of cylinders .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates