[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3, SUB-SECTION (I)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Notification No. 153/94-Cus., dated 13-7-1994

Exemption to goods of foreign origin imported for repairs and return -Theatrical equipments including costumes    imported by visiting foreign troupes, pontoons for speedy loading and unloading of imported goods -Photographic, filming audio, video and radio equipments and tapes imported for short films, feature films and documentaries,
goods for mountaineering expeditions – Tags or labels or printed polythene bags for use on articles for export.

G.S.R 582 (E) In exercise of the powers conferred under 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 exempts goods (hereinafter referred to as the said goods) of the description specified in column (2) of the Table hereto annexed and falling within the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)/ when imported into India, from the whole of the duty of customs leviable thereon specified in the said Schedule and from the whole of the additional duty leviable thereon under section 3 of the second mentioned Act subject to the conditions, if any, laid down in the corresponding entry in column (3) thereof.
TABLE

S. No. Description of goods Conditions
(1) (2) (3)
1. Articles of foreign origin (i) The importer makes a declaration at the time of import that the said goods are being imported for repairs and return;
(ii) the said goods are re-exported within six months of the date of importation or within such extended period not exceeding one year as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow;
(iii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs is satisfied as regards the identity of the said goods; and
(iv) the importer executes a bond undertaking –
(a) to re-export the said goods after repairs within six months of the date of importation or within the aforesaid extended period;
(b) to produce the goods before the Assistant Commissioner of Customs or Deputy Commissioner
of Customs for identification before re-export;
(c) to pay the duty if the re-export does not take place within the stipulated period.
2. Theatrical equipment including costumes (i) The said goods belong to a foreign theatrical company or dancing troupe and have been imported by such company or troupe for its use during its tour in India;
(ii) -an accredited representative of the company or troupe executes a bond, in such form and with such surety as.may be acceptable to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, binding himself to pay on demand an amount equal to twice the amount of duty leviable on such theatrical equipment if the same is not re-exported within six months from the date of importation or such extended period not exceeding nine months from the date of importation as the said Assistant Commissioner may allow.
3. Pontoons (i) The said goods have been imported .along with ships .carrying imported goods, for the more speedy .unloading of imported goods and loading of export goods;
(ii) the importer makes a declaration at the time of import that the pontoons would be re-exported and executes a bond in such form and for such sum as may be prescribed by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to pay that sum if the re-export does not take place within the period specified under condition (iii) below;
(iii) the pontoons are re-exported within six months of the date of importation or such extended period as the Assistant Commissioner of:Customs or Deputy Commissioner of Customs may allow; and
(iv) The pontoons are re-exported by the same ship which brought them or by any other ship under the same shipping agency.
4. Photographic, filming, sound-recording and radio equipments, raw films, video-tapes and sound-record ing tapes. (i) A certificate is produced to the Assistant Com-:missioner of Customs or Deputy Commissioner of Customs] at the time of clearance of the goods from a duly authorised officer of the External Publicity Division of the Ministry of External Affairs, Government of India, in respect of short films and documentaries .and the Ministry of Information and Broadcasting, Government of India, in respect of feature films, that the importation is for a purpose which is in the public interest and has been sponsored or approved by the Government of India; and
(ii) an undertaking is given by the importer or the sponsoring authority to the Assistant Commissioner of Customs or Deputy Commissioner of Customs at the time of clearance of goods that the goods in respect of which the exemption is claimed shall be re-exported within three months from the date of their importation or within such extended period, not exceeding 12 months from the date of importation, as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow and that,in the event of failure to re-export, as aforesaid,to pay the duty which would have been levied but for the exemption contained herein.
5. Mountaineering equipments, materials, clothings, foodstuffs and provisions (excluding alcoholic drinks, cigarettes and tobacco), medical stores including medicines and medical equipments (i) The said goods have been imported by a mountaineering expedition and are essentially required to be used during the expedition in India;
(ii) the expedition is approved by the Indian Mountaineering Foundation, New Delhi, and the expedition importing any of the goods aforesaid produces a certificate from the said Foundation, to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, at the time of importation to the effect that -(a) the mountaineering expedition had been approved by the said Foundation;
(b) the said Foundation has obtained clearance of the Government of India in respect of the said expedition, and(c) the goods imported are for the bona fide requirements of the expedition; and
(iii) an undertaking is given by the Indian Mountaineering Foundation,New Delhi, to the effect that-(a) the goods except such of the consumable stores as may be consumed or other articles as may be lost during the course of the expedition in India or mountaineering equipments as are purchased by the Indian Mountaineering Foundation, New Delhi with the prior approval of Ministry of Finance (Department of Revenue) shall be re-exported within six months from the date of their importation or within such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow; and
(b) in the event of the failure to re-export as aforesaid, duty which would have been levied on such goods but for the exemption contained herein, shall be paid.
6. Tags or labels (whether made of paper, cloth or plastic), or printed bags (whether made of polythene, polypropylene, PVC, high molecular or high density polyethylene) (i) The said goods have been imported for fixing on articles for export or for the packaging of such articles;
(ii) the importer, by execution of a bond in such form and for such sum as may be prescribed by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, binds himself to pay on demand in respect of the said goods as are not proved to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs to have been used for the aforesaid purposes, an amount equal to the duty leviable on such tags or labels or printed bags but for the exemption contained herein;
(iii) the importer satisfies the Assistant Commissioner that the articles so imported have been exported within six months of the date of importation or within such extended period as may be permitted by the said Assistant Commissioner.
 Notification No. 153/94-Cus.; dated 13-7-1994 as amended by Notification No. 101/95-Cus.,dated 26-5-1995

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