This circular is being issued in exercise of powers conferred by section 11 (1) of the Securities and Exchange Board of India Act, 1992, to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.
The matter has been deliberated upon and it is clarified that the second hand personal computers (PCs)/Laptops are covered under the definition of “second hand goods” and their import is governed by the provisions of Para 2.17 of EXIM Policy,2002-07 and not covered under the definition of “capital goods” as defined under Para 9.10 of EXIM Policy and Para 2.33 of Hand Book of Procedures (Vol.I). In view of this, second hand personal computers (PCs)/Laptops can also not to be permitted for import under EPCG scheme under the provisions of para 5.1 of the Exim Policy, even for service providers.
Commissioner of Customs (EP), Mumbai has brought to Board’s notice the Tribunal’s judgment in the case of M/s. Akai Impex Ltd. vs Commissioner of Customs, Mumbai [reported in 2003 (156) ELT 700 (Tri-Mumbai)]. In the said case, goods imported under the DEEC Scheme and cleared against advance licenses, without payment of duty, in terms of the provisions of Notification 204/92-Cus were sold by the importer without utilising the imported material in export production, as required in terms of the Notification conditions.
Kind attention is invited to the judgment dated 26-02-2002 of the Hon’ble Supreme Court in the case of CCE, Madurai vs T.V.S. Srichakra Ltd. and the judgment dated 27-02-2002 in the case of CCE, Delhi Vs Maruti Udyog Ltd. [2002 (141) ELT 3 (SC)]. Vide the said judgment, appeals filed by the Department were dismissed by the Hon’ble Supreme Court, upholding that the sale price realised by the assessee is to be regarded as inclusive of excise duty and therefore, in arriving at the excisable value of the goods
In exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of the Customs Act, 1962 (52 of 1962) and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.68/2003-NT-Customs, dated the 26th August, 2003 [S.O.970(E), dated the 26th August, 2003], the Board hereby determines for the purposes of said section relating to export goods, that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and Schedule II appended hereto into Indian currency or vice versa shall, with effect from the 1st October, 2003.
In exercise of the powers conferred by sub-clause (i) of clause (a) of sub-section (3) of section 14 of Customs Act, 1962 (52 of 1962) and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.67/2003-NT-Customs, dated the 26th August, 2003.
In exercise of the powers conferred by sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby amends the notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No.66/2002-CUSTOMS (N.T), dated the 25th October, 2002, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide, G.S.R. 724(E), dated the 25th October, 2002, except as respect things done or omitted to be done before such amendment, namely.
In exercise of the powers conferred by clause (iii) of Explanation 2 to the proviso to sub-section (1) of section 3 of the Central Excise Act,1944 (1 of 1944), the Central Government hereby specifies Manikanchan Special Economic Zone at Salt Lake as a special economic zone
In exercise of the powers conferred by clause (iii) of Explanation 2 to the proviso to sub-section (1) of section 3 of the Central Excise Act, 1944 (1of 1944), the Central Government hereby specifies Boranada Special Economic Zone at Jodhpur, in the State of Rajasthan, as a special economic zone
I have been directed to enclose copy of the Hon’ble Supreme Court order dtd. 7th July, 2003 in CA Nos. 4151-4157/2001in the case of CC, Kolkata Vs M/s. Grand Prime Ltd. & Ors [reported in 2001 (137) ELT 795 (Tri-Kolkata)].
