The principal notification No. 421/76-Cus., dated the 23rd October, 1976 published in the Gazette of India , Part II, Section 3, Sub-Section (i), dated the 23rd October, 1976 vide G.S.R. 1550.
In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Paragraph 1.1 and 2.4 of the Export and Import Policy, 2002-2007, the Central Government hereby makes the following amendment in the “ITC (HS) Classifications of Export and Import Items, 2002-2007” as amended from time to time.
The principal notification No. 35, dated the 17th April , 1971 published in the Gazette of India , Part II, Section 3, Sub-Section (ii), dated the 17th April, 1971 vide S.O.1640 and last amended vide notification No. 17/95-CUSTOMS (N.T.), dated the 13th March, 1995.
In exercise of the powers conferred by sub-section (1) of section 30 of the Customs Act, 1962 (52 of 1962), the Central Government hereby specifies that any person other than carrier, who is authorized to issue delivery orders in favour of an importer on the basis of which goods are permitted to be delivered to such importer by the custodian of the goods, as any other person for the purposes of the said section.
It is clarified that Rule 3(2)(d) inter- alia provides for the incorporation of average amount of duties paid, on materials wasted in the process of manufacture. In terms of proviso to this Rule, if any waste is sold, the average amount of duties on the waste so sold shall be deducted.
An issue has been raised whether the organisations who are engaged in design, development are maintenance of Software and enter into Annual Maintenance contracts for maintenance of their software, are exempt from Service Tax or not.
In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) read with sub-section (6) of section 3 of the Customs Tariff Act, 1975 (51 of 1975), the Central Government being satisfied that it is necessary in the public interest so to do hereby exempts the beer of Nepalese origin falling under heading 2203 of the First Schedule to the said Customs Tariff Act from the whole of the additional duty leviable on such beer under the notification of the Government of India in the Ministry of Finance, Department of Revenue, No. 32/2003-Customs, dated the 1st March, 2003, published in the Gazette of India vide G.S.R. 167(E), dated the 1st March, 2003.
The Board has accepted the recommendation of the Conference and it is accordingly clarified that classification of software protection lock shall be done as discussed at para 5 above.
I am directed to say that divergence of practice regarding the classification of Thermal Camera capable of infrared imaging and measuring temperature has been brought to the notice of the Board. This item is being assessed under Customs Tariff Headings 9006.59, CTH 9027.30 or 9027.50 in different Commissionerates.
I am directed to say that divergence of practice regarding the classification of high capacity disc arrays has been brought to the notice of the Board. This item is being assessed under CTH 8471.70 as “Storage Unit” or under CTH 84715000 as a “Digital Processing unit” by different Commissionerates.
