Notification No. 28/1997-Customs, Dated: 01.04.1997

EPCG Scheme-capital goods, components or spares- when imported under –

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

Dated: 1-4-1997

Notification No. 28/97-Customs

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Centeral Government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods as specified in the Table annexed hereto from so much of the customs leviable thereon which is specified in the First Schedule to the customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate of 10% ad valorem and from whole of the additional duty leviable thereon under section of the said Customs Tariff Act, subject to the following conditions, namely

(1) The goods imported are covered by a valid licence issued und port Promotion Capital Goods (E.P.C.G.) Scheme in terms of Export and Import Policy (hereinafter referred to as the said policy) permitting import on payment of duty of customs at the rate of 10% and the said licence is produced for debit by the proper officer of the customs at the time of clearance:

Provided that for the import of spare parts, the validity period of the licence shall be deemed to be the period permitted for fulfilment of the export obligation in full.

(2) The importer executes a bond in such form and for such sum and with such surety or security as may be specified by the Assistant Commissioner of Customs or Deputy Commissioner of Customs binding himself to fulfil export obligation equivalent to four times the CIF value of the goods imported or for such higher sum as may be fixed by the Licensing Authority within a period of five years from the date of issue of the said licence in the following proportions :-

Provided that export obligation of a particular year may be set off by the excess exports made in the preceding years.

(3) The importer produces within thirty days of the expiry of each year from the date of issue of licence from 2nd year or within su period as the Assistant Commissioner of Customs or Deputy  Commissioner of Customs may allow, evidence to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs showing the extent of export obligation fulfillec export obligation of any particular year is not fulfilled in preceding condition, the importer shall within three mon expiry of the said year pay an amount equal to that portiol leviable on the goods but for the exemption contained h bears the same proportion as the unfulfilled portion of the gation bears to the total export obligation together with ii rate of 24% per annum from the date of clearance of the goods.

(4) The importer shall, if he fails to discharge a minimum of 25% of the export obligation prescribed for any particular year, for three consecutive years, be liable to pay forthwith the whole of the duty of customs leviable on the goods imported but for the exemption contained  in this notification together with interest at the rate of 24% per anum the date of clearance of the goods.

(5) The capital goods imported, assembled or manufactured or installed in the importer”s factory or premises and a certificate from the jurisdictional Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise or independent Chartered Engineer, as the case may be, is produced confirming installation and use of capital goods in the importer”s factory or premises, within six months from the date of completion of imports or within such extended period as the said Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow :

Provided that in case of –

(i) manufacturer exporter and merchant exporter having supporting manufacturer (s)/ vendor (s),

(ii) import of irrigation equipment  for use in contract farming for export of agriculture products, and

(iii) mporter rendering services, the capital goods may be install ed at the factory/ premises of such other person whose name and address are endorsed on the licence referred to in condition (1) and where the bond for full difference of duty, if  necessary, in terms of condition (2), with a Bank Guarantee is executed by the importer and such other person binding themselves jointly and generally to fulfill the export obligation and  all other conditions of this notification and to pay duty with interest in case of default

(b) a condition (6), and before the Table, the fol lowing paragraph shall be inserted namely:-

“2 Where the goods are found defective or unfit for use, the said goods may be re-exported, back to the foreign supplier within 3 years from the date of payment of duty on the importation thereof.

Provided that at the time of re-export the goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported.

Provided further that in case of importers rendering services not required to be registered with Central Excise authorities, a certificate from independent Chartered Engineer confirming the installation and use of capital goods in the importer”s premises may be produced.

(6) Notwithstanding anything contained in conditions (3) and (4), where the Licensing Authority grants extension of year-wise period for any year(s) or overall period of fulfillment of export obligation up to a period of two years or regularization of shortfall in export obligation not exceeding 5 per cent of such export obligation, the said year-wise period or overall period of export obligation may be extended and the said shortfall in export obligation be condoned by the Assistant Commissioner of Customs or Deputy Commissioner of Customs.”;

 Provided that extension of year wise period of export obligation, not be allowed more than once and more than a period of one year within a period of five years.

Table

Explanation. – In this notification, –

(i) “Capital goods” means any plant, machinery, equipment ar ries required for –

(a) manufacture or production of other goods, including packaging machinery and equipments, refractories, refrigeration equipment, power generating sets, machine tools, catalysts for initial charge, and equipment and instruments for testing, research and development, quality and pollution control;

(b) use in manufacturing, mining, agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, poultry viticulture and sericulture;

(c) rendering services;

(ii) “Export and Import Policy” means the Export and Import Policy April, 1997 – March, 2002 published vide notification of the Government of India in the Ministry of Commerce No. 1/1997-2002, dated the 31st March, 1997.

(iii) “Licensing Authority” means the Director General, Foreign Trade appointed under section 6 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant a licence under the said Act;

(iv) “Export obligation”, in relation to importers other than those rendering services, means export to a place outside India of products manufactured with the use of capital goods imported, assembled or manufactured in terms of this notification, or making of supplies of such products in terms of clauses (a), (b), (d), (f) and (g) of paragraph 10.2 of the Export and Import Policy and, in relation to importers rendering services, means receiving payments in freely convertible foreign currency for services rendered through the use of such capital goods.

Notification No. 28/97-Cus., dated 1-4-1997 as amended by Notification No. 8/98-Cus., dated 23-4-1998; No. 33/98-Cus., dated 9-6-1998; No. 42/98-Cus., dated 30-6-1998; No. 75/98-Cus., dated 9-10-1998, No. 56/99-Cus., dated 11-5-1999, No. 52/2000-Cus., dated 28-4-2000.and No.49/2002-Cus dated 24-4-2002.