This notification exempts defective articles imported into India which are private personal property

[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. 80-Cus., dated 29-8-1970

free warranty – articles supplied as replacement for defective ones

G.S.R. 1246 (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 exempts articles and component parts thereof, when imported respectively for the replacement of defective articles or of component parts thereof, from the whole of the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), and from the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, namely :-

 (i) the defective articles were brought into India earlier from places outside India and are private personal properties of the importer;

(ii) the articles or component parts thereof, as the case may be, are imported within the warranty period and are supplied free of charge by the foreign manufacturer in terms of the warranty given by the manufacturer in accordance with the established trade practice pertaining to the articles;

(iii) the repairs including replacement of the defective parts are done free of charge by the manufacturer through his agent or branch in India;
and

(iv) the defective articles or component parts thereof if not re-exported, are destroyed, or surrendered to the Customs.

Notification No. 80-Cus., dated 29-8-1970 as amended by Notification No. 129/86-Cus., dated 17-2-1986.