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

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)

5th May,  2006

  Notification No. 43/2006-Customs

 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 directs that each of the notifications of the  Government of India in the Ministry of Finance (Department of Revenue), specified in column (2) of the Table below, shall be  further amended in the manner  specified in the corresponding entry in column (3) of the said Table, namely :-

Table

S.No.

(1)

Notification No. and date

   (2)

Amendment

(3) 

1. 91/2004-Customs,

dated, the 10th September, 2004. (G.S.R 604(E), dated

the 10th September, 2004).

In the said notification, –

(a) for condition (i) the following condition shall be inserted, namely : –

“(i) that the importer has been granted Advance Licence for deemed exports or Advance Authorisation for deemed exports by the Regional Authority in terms of Paragraph 4.1.3(c) or 4.1.3(iii) respectively of the Foreign Trade Policy permitting import of the said materials (hereinafter referred to as the said Licence or authorisation) and the said licence or authorisation is produced by the importer at the time of clearance for debit by the proper officer of customs;”

(b) in condition (ii), for the words “said licence” the words “said licence or authorisation” shall be substituted;

(c)  in condition (v), in the second proviso, for the words “said licence”, the words “said licence or authorisation” shall be substituted;

(d)   in condition (vi),-

(i)  for the words “Muldwarka and Porbander”, the words “Muldwarka, Porbander, Dharamatar and Vadinar” shall be substituted;

(ii)  for the words “Bhadohi and Raipur”, the words “Bhadohi, Raipur, Mandideep (District: Raisen), Durgapur (Export Promotion Industrial Park) and Babarpur” shall be substituted;

(iii) for the words, Sutarkhandi and Amritsar Rail Cargo”, the words “Sutarkhandi, Amritsar Rail Cargo and Attari Road” shall be substituted;

(e) in the Explanation, in clause (ii), after sub-clause (d) the following clause shall be inserted, namely :-

“(da)    supply and installation of goods and equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral agencies or funds as notified by the Government of India in the Ministry of Finance (Department of Economic Affairs) under international competitive bidding in accordance with the procedures of those agencies or funds, where the bids have been invited and evaluated on the basis of Delivered Duty Paid (DDP) prices for the goods manufactured abroad.”

2. 92/2004-Customs,

dated, the 10th September, 2004 (G.S.R. 605(E), dated the 10th September, 2004).

In the said notification, –

(a) in the opening paragraph, in clauses (i) and (ii) for the words “related to its main line of business”, the words “related to its service sector business” shall be substituted;

(b) in condition (i) for the words “Licensing Authority”, the words “Regional Authority” shall be substituted;

(c) in condition (ii) in the proviso, for the word “goods”, the words “goods or said certificate” shall be substituted;

(d)  in condition (iv),-

(i)  for the words “Muldwarka and Porbander”, the words “Muldwarka, Porbander, Dharamatar and Vadinar” shall be substituted;

(ii)  for the words “Bhadohi and Raipur”, the words “Bhadohi, Raipur, Mandideep (District: Raisen), Durgapur (Export Promotion Industrial Park) and Babarpur” shall be substituted;

(iii) for the words, Sutarkhandi and Amritsar Rail Cargo”, the words “Sutarkhandi, Amritsar Rail Cargo and Attari Road” shall be substituted;

(e) after condition (iv), the following paragraph shall be inserted namely, –

“2.  Exemption under this notification shall not be available to  vehicles under said certificate even if such vehicle is freely importable under the Foreign Trade Policy”;

(f) in the Explanation, in clause (iii), for the words “Licensing Authority”, the words “Licensing Authority or Regional Authority” shall be substituted.

3. 93/2004-Customs,

dated, the 10th September, 2004 (G.S.R. 606 (E) dated the 10th September, 2004).

In the said notification, –

(a) in the opening paragraph, for the words “Advance Licence” the words “Advance Licence or Advance Authorisation” shall be substituted;

(b) for the words “said licence” and “licensing authority” wherever they occur, the words “said licence or authorisation” and “Licensing Authority or Regional Authority” shall respectively be substituted;

(c)  in condition (iv),-

(i)  for the words “Muldwarka and Porbander”, the words “Muldwarka, Porbander, Dharamatar and Vadinar” shall be substituted;

(ii) for the words “Bhadohi and Raipur”, the words “Bhadohi, Raipur, Mandideep (District: Raisen), Durgapur (Export Promotion Industrial Park) and Babarpur” shall be substituted;

(iii) for the words, Sutarkhandi and Amritsar Rail Cargo”, the words “Sutarkhandi, Amritsar Rail Cargo and Attari Road” shall be substituted;

(d) in condition (v), in the proviso, for the words “ultimate exporter”  the word “exporter” shall be substituted.

4. 94/2004- Customs,

dated, the 10th September, 2004 (G.S.R. 607(E) dated the 10th September, 2004).

 

In the said notification, –

(a) in the opening paragraph for the words “Advance Licence for Annual Requirement”, the words “Advance Licence for Annual Requirement or Advance Authorisation for Annual Requirement” shall be substituted;

(b) for the words “said licence” and “licensing authority” wherever they occur, the words “said licence or authorisation” and “Licensing Authority or Regional Authority” shall respectively be substituted;

(c) for condition (3), the following condition shall be substituted, namely, –

” (3) that where the import takes place after fulfillment of export obligation, the shipping bill number and date  and quantity and free on board (FOB) value of the resultant product are endorsed on the said authorisation”;

(d) in condition (5), for the words “licence and the said certificate are”, the words “licence is” shall be substituted;

(e)  in condition (6),-

(i)  for the words “Muldwarka and Porbander”, the words “Muldwarka, Porbander, Dharamatar and Vadinar” shall be substituted;

(ii)  for the words”Bhadohi and Raipur”, the words “Bhadohi, Raipur, Mandideep (District: Raisen), Durgapur (Export Promotion Industrial Park) and Babarpur” shall be substituted;

(iii) for the words, Sutarkhandi and Amritsar Rail Cargo”, the words “Sutarkhandi, Amritsar Rail Cargo and Attari Road” shall be substituted;

(f) in condition (8), the portion beginning with the words “At the time of export” and ending with the words “by the proper officer” shall be omitted;

(g)  “THE SCHEDULE”  shall be omitted.

5. 97/2004-Customs,

dated, the 17th September, 2004 (G.S.R. 620(E) dated, the 17th September, 2004).

In the said notification, –

(a) in condition (1), for the words “a valid licence”,  the words “a valid licence or a valid authorisation” shall be substituted;

(b) for the words “licence” and “licensing authority” wherever they occur, the words “licence or authorisation” and “Licensing Authority or Regional Authority” shall respectively be substituted.

(c)   in condition (6),-

(i)  for the words “Muldwarka and Porbander”, the words “Muldwarka, Porbander, Dharamatar and Vadinar” shall be substituted;

(ii) for the words”Bhadohi and Raipur”, the words “Bhadohi, Raipur, Mandideep (District: Raisen), Durgapur (Export Promotion Industrial Park) and Babarpur” shall be substituted;

(iii) for the words, Sutarkhandi and Amritsar Rail Cargo”, the words “Sutarkhandi, Amritsar Rail Cargo and Attari Road” shall be substituted;

(d) in condition (7), after the first proviso,  the following proviso shall be inserted,  namely : –

“Provided further that the Regional Authority may grant further extension in the overall period of export obligation upto a period of further two years if the authorisation holder pays fifty per cent differential duty on the unfulfilled portion of the export obligation and agrees to fulfill other conditions as may be specified by the Regional Authority for this purpose.”

6. 41/2005-Customs,

dated, the 9th May, 2005,

(G.S.R. 282 (E) dated the 9th May, 2005).

In the said notification, –

(a) in the opening paragraph, for the words and brackets “Vishesh Krishi Upaj Yojana (Special Agricultural Produce Scheme)”, the words and brackets “Vishesh Krishi and Gram Udyog Yojana (Special Agriculture and Village Industry Scheme)” shall be substituted;

(b) in condition (i), for the words “Licensing Authority”,  the words “Licensing Authority or Regional Authority” shall be substituted;

(c)  in condition (3),-

(i)  for the words “Muldwarka and Porbander”, the words “Muldwarka, Porbander, Dharamatar and Vadinar” shall be substituted;

(ii)  for the words “Bhadohi and Raipur”, the words “Bhadohi, Raipur, Mandideep (District: Raisen), Durgapur (Export Promotion Industrial Park) and Babarpur” shall be substituted;

(iii)  for the words, Sutarkhandi and Amritsar Rail Cargo”, the words “Sutarkhandi, Amritsar Rail Cargo and Attari Road” shall be substituted.

F. No.605/36/2006-DBK (Pt.)

 Note :

The principal notification No.91/2004-Customs, dated the 10th September, 2004 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 604 (E), dated the 10th September, 2004, was subsequently amended by Notification No. 46/2005-Customs, dated the 17th May, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 320(E) dated, the 17th May, 2005, 77/2005-Customs, dated the 22nd August, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 538 (E) dated the 22nd August, 2005 and 97/2005-Customs, dated the 17th November, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 673(E) dated the 17th November, 2005.   The principal notification No.92/2004-Customs, dated the 10th September, 2004 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 605 (E), dated the 10th September, 2004, was subsequently amended by Notification No. 46/2005-Customs, dated the 17th May, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 320(E) dated, the 17th May, 2005, 77/2005-Customs, dated the 22nd August, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 538 (E) dated the 22nd August, 2005 and 97/2005-Customs, dated the 17th November, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 673(E) dated the 17th November, 2005.  The principal notification No.93/2004-Customs, dated the 10th September, 2004 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 606 (E), dated the 10th September, 2004,  was subsequently amended by Notification No. 46/2005-Customs, dated the 17th May, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 320(E) dated, the 17th May, 2005,  77/2005-Customs, dated the 22nd August, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 538 (E) dated the 22nd August, 2005 and 97/2005-Customs, dated the 17th November, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 673(E) dated the 17th November, 2005. The principal notification No.94/2004-Customs, dated the 10th September, 2004 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 607 (E), dated the 10th September, 2004, was subsequently amended by Notification No. 46/2005-Customs, dated the 17th May, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 320(E) dated, the 17th May, 2005,  77/2005-Customs, dated the 22nd August, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 538 (E) dated the 22nd August, 2005 and 97/2005-Customs, dated the 17th November, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 673(E) dated the 17th November, 2005.  The principal notification No.97/2004-Customs, dated the 17th September, 2004 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 620 (E), dated the 17th September, 2004 was subsequently amended by Notification No. 27/2005-Customs, dated the 2nd March, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 148(E) dated the 2nd March, 2005, 46/2005-Customs, dated the 17th May, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 320(E) dated, the 17th May, 2005,  77/2005-Customs, dated the 22nd August, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 538 (E) dated the 22nd August, 2005 and 97/2005-Customs, dated the 17th November, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 673(E) dated the 17th November, 2005. The principal notification No.41/2005-Customs, dated the 9th May, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 282 (E), dated the 9th May, 2005 was subsequently amended by Notification No. 77/2005-Customs, dated the 22nd August, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 538 (E) dated the 22nd August, 2005 and 97/2005-Customs, dated the 17th November, 2005 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 673(E) dated the 17th November, 2005.

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