CA Bimal Jain
Condition for availing the duty exemption for Capital goods and Components imported under the Status Holders Incentive Scheme
The Central Government vide Notification No. 23/2015 – Customs dated April 1, 2015 (Notification 23/ 2015) has amended Notification No. 104/2009-Customs dated September 14, 2009, wherein the Government has exempted the Capital goods and Components and spares and parts, for Capital goods imported earlier, when imported into India against a duty credit scrip issued under the Status Holders Incentive Scheme in accordance with Paragraph 3.16 of the Foreign Trade Policy, from the whole of the duty of Customs leviable under the First Schedule to the Customs Tariff Act and whole of the additional duty leviable thereon under Section 3 of Customs Tariff Act, subject to certain conditions.
Further, the Government vide Notification 23/2015 has substituted the condition (2) stipulating the conditions for availing the exemption.
Full Text of the Notification is as follows :-
Notification No. 23/2015 – Customs
Dated- 1st April, 2015
G.S.R. 259 (E) – 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 further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 104/2009-Customs, dated the 14th September, 2009 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 674 (E), dated the 14th September, 2009, namely:-
In the said notification, in the opening paragraph, for condition (2), the following condition shall be substituted, namely:-
“(2) that the said scrip has not been issued in violation of the condition contained in the sub-paragraph (5) of paragraph 2 of notification No.101 of 2009 – Customs, dated the 11th September, 2009 or sub-paragraph (4) of paragraph 2 of notification No.102 of 2009 – Customs, dated the 11th September, 2009 or the second proviso to sub-paragraph (1) of paragraph 2 of notification No. 05 of 2013 – Customs, dated the 18th February, 2013 or sub-paragraph (3) of paragraph 2 of notification No. 22 of 2013 – Customs, dated the 18th April, 2013 or first proviso to sub-paragraph (1) of paragraph 2 of notification No. 23 of 2013-Customs, dated the 18th April, 2013 or sub-paragraph (3) of paragraph 2 of notification No.16 of 2015 – Customs, dated the 1st April, 2015 or first proviso to sub-paragraph (1) of paragraph 2 of notification No. 17 of 2015 – Customs, dated the 1st April, 2015, as the case may be;”.
[F.No.605/55/2014-DBK]
(Sanjay Kumar)
Under Secretary to the Government of India
Note: The principal notification number 104/2009-Customs, dated the 14th September, 2009 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 674 (E), dated the 14th September, 2009 and was last amended by notification No. 29/2013-Customs, dated the 16th May, 2013 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.316 (E), dated the 16th May, 2013.
