New Delhi, the 31st March, 2010, Notification No. 40/2010-Customs

G.S.R. (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, on 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. 21/2002-Customs, dated the 1st March, 2002 which was published in the Gazette of India, Extraordinary, vide number G.S.R.118 (E), dated the 1st March, 2002, namely:-

In the said notification,-

1. in the preamble, in the proviso,

(i) in clause (f), for the figures, letters and words  “1st day of April, 2010”, the figures, letters and words  “1st day of April, 2011” shall be substituted;

(ii) after clause (ha), the following clause shall be inserted, namely:-

“(haa) the goods specified against S.No. 38CC of the said Table on or after the 1st day of January 2011”;

2. in the Table, after S.No. 38C and the entries relating thereto, the following S.No. and the entries shall be inserted, namely:-

(1) (2) (3) (4) (5) (6)
“38CC. 1701 Raw sugar if imported by a bulk consumer Nil 5C”.

3. in the Annexure, after condition No. 5B and the entries relating thereto, the following condition shall be inserted, namely :-

Condition No. Conditions
“5C. If the importer, at the time of import, produces a certificate from a Chartered Accountant to the effect that the importer is a bulk consumer.

Explanation,- For the purpose of this notification,-

(i)  bulk consumer is a person, establishment or industrial unit using or  consuming more than ten quintals of sugar per month as a raw material for production or consumption or use in any manner other than sale.

(ii) the said certificate shall be  issued by the Chartered Accountant after taking into account monthly use or consumption of sugar by such person, establishment or unit in the last twelve months; and

(iii) “Chartered Accountant” shall have the same meaning as assigned to it in clause (b) of sub-section (1) of section 2 of the Chartered Accountant Act, 1949.

[F.No. 354/78/2009/Pt.-TRU]

(Prashant Kumar)

Under Secretary to the Government of India

Note: The principal notification was published in the Gazette of India, Extraordinary, vide number G.S.R.118(E), dated the 1st March, 2002 and was last amended by notification No. 33/2010-Customs, dated the 12th march, 2010 published vide number G.S.R.187(E), dated the 12th march, 2010.

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