![]() |
OFFICE OF THE
COMMISSIONER OF CUSTOMS, |
Government of India, Ministry of
Finance, Department of Revenue, New Delhi, Notification No. 56/2001 – Cus vide
F.No.305/53/2001-FTT, dated 18.05.2001 is reproduced below for the guidance of
the importers, clearing agents and trading public.
C16/66/97-AP (PORT) (S.
SANKARAVADIVELU)
CUSTOM HOUSE, CHENNAI-1. DY. COMMR. OF CUSTOMS (APPG)
DATE :19.09.2001
---------------------------------------------------------------------------------------------------------------------Notification
No. 56 /2001-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 hereto annexed shall be amended or further
amended, as the case may be, in the manner specified in the corresponding entry
in column (3) of the said Table.
Table
|
Sr.No |
Notification
No. |
Amendment |
|
(1) |
(2) |
(3) |
|
1. |
3/88-Cus, dated the 14th January, |
In the said notification, in the
first paragraph,-
(b) in condition (xvii), - (i) in sub-condition (d), for
the words “Gem and Jewellery Export Promotion Council“, the words
“Development Commissioner“ shall be substituted; (ii) in the proviso, for the
words and figures “duty of 10% ad valorem, or at zero rate of duty”, the
words and figure “duty of 5 % ad valorem” shall be substituted. |
|
2. |
277/90-Cus, dated the 12th
December, 1990 |
In the said notification, in the
first paragraph,- (a)
condition (ii) shall be omitted; (b) in
condition (xv), for the words “ Trivandrum and Delhi”, the words
"Thiruvnananthapuram, Delhi and Bangalore“ shall be substituted; (c) in
condition (xvi),- (i) in
sub-condition (c), for the words “Gem and Jewellery Export Promotion
Council”, the words “Development Commissioner” shall be substituted; (ii) in
the proviso, for the words and figures “duty of 10% ad valorem, or at zero
rate of duty”, the words and figure “duty of 5% ad valorem” shall be
substituted. |
|
3. |
177/94-Cus, dated the 21st |
In the said notification, in the
first paragraph,-
(i)
in sub-condition (iv), for the words “Gem and Jewellery Export Promotion
Council”, the words “Development Commissioner” shall be substituted; (b)
in condition (12), for the words “Delhi and Bombay”, the words “Calicut,
Chennai, Cochin, Delhi, Hyderabad, Kolkata, Mumbai, Thiruvnanathapuram and
Visakhapatnam” shall be substituted. |
|
4. |
138/91- Cus, dated the 22nd |
In the said notification, -
(i) in
condition (6), in the proviso, for the words and figures “duty of 10% ad
valorem”, the words and figure “duty of 5% ad valorem” shall be substituted; “Central Excise Act, 1944 (1 of 1944), or
where such software, data entry and conversion, data processing, data
analysis and control data management is non-excisable, customs duty equal in
amount to that leviable on the inputs obtained under this notification and
used for the purpose of manufacture or development of such software, data
entry and conversion, data processing, data analysis and control data
management, which would have been paid but for the exemption under this
notification, shall be payable at the time of clearance of such software,
data entry and conversion, data processing, data analysis and control data
management:”; (b) in the Table, after serial
number 11, the following shall be “12. Raw materials for making
capital goods for use within the unit for the purpose of production or
manufacture of export goods. 13. Any other item required in
relation to production of export goods with the prior approval of
Inter- Ministerial Standing Committee.”; |
|
5. |
140/91-Customs, dated the 22nd |
In the said notification, - (i) in condition (6), in the
proviso, for the words and figures “duty of 10% ad valorem”, the words
and figure“ duty of 5% ad valorem” shall be substituted; “Central
Excise Act, 1944 (1 of 1944), or where such software, data entry and
conversion, data processing, data analysis and control data management is
non-excisable, customs duty equal in amount to that leviable on the inputs
obtained under this notification and used for the purpose of manufacture or
development of such software, data entry and conversion, data processing,
data analysis and control data management, which would have been paid but for
the exemption under this notification, shall be payable at the time of
clearance of such software, data entry and conversion, data processing, data
analysis and control data management:”;
“12. Raw materials for making
capital goods for use within the unit for the purpose of production or
manufacture of export goods. 13. Any other item required in
relation to production of export goods with the prior approval of Inter- Ministerial
Standing Committee.”. |
|
6. |
95/93-Cus, dated the 2nd
March, |
In the said notification,-
(i) in condition (7), in the
proviso, for the words and figures “duty of 15% ad valorem”, the words and
figure “duty of 5% ad valorem” shall be substituted; (ii) in condition (15), in
clause (a), for the words “ on payment of customs duty on imported goods used
for the manufacture or development of electronics hardware or software in an
amount equal to the customs duty leviable on such articles as if imported as
such;”, the following shall be substituted, namely;-
“custom duty equal in amount to that leviable on the inputs obtained under
this notification and used for the purpose of manufacture or development of
such hardware or software (including rejects, waste and scrap material
arising in the course of manufacture and development of such electronic
hardware or software), which would have been paid, but for the exemption
under this notification, shall be payable at the time of clearance of such
electronic hardware or software (including rejects, waste and scrap material
arising in the course of manufacture and development of such hardware or
software);”; (iii)
after condition (16), the following shall be inserted, namely;- (b) in the Table, after Sl. No.
15, the following shall be inserted, namely:-
17. Any other item required in
relation to production of export goods with the prior approval of Inter-
Ministerial Standing Committee.” |
|
7. |
96/93-Customs,
dated the 2nd |
In the said notification,-
(i) in
condition (7), in the proviso, for the words and figures “duty of 15% ad
valorem”, the words and figure “duty of 5% ad valorem” shall be
substituted; (ii) in condition (15), in
clause (a), for the words “ on payment of customs duty on imported goods used for the
manufacture or development of electronics hardware or software in an amount
equal to the customs duty leviable on such articles as if imported as such;”,
the following shall be substituted,
“custom duty equal in amount to that leviable on the inputs obtained under
this notification and used for the purpose of manufacture or development of
such hardware or software (including rejects, waste and scrap material
arising in the course of manufacture and development of such electronic
hardware or software), which would have been paid, but for the exemption
under this notification, shall be payable at the time of clearance of such
electronic hardware or software (including rejects, waste and scrap material
arising in the course of manufacture and development of such hardware or
software);”;
“(17)
The Assistant Commissioner of Customs or Deputy Commissioner of Customs
may, subject to such conditions or limitations as may be specified by him in
this behalf, and subject to approval of the Inter–Ministerial Standing
“16. Raw materials for making
capital goods for use within the unit for the purpose of production or
manufacture of export goods. 17.
Any other item required in relation to production of export goods with the
prior approval of Inter- Ministerial Standing Committee.”. |
|
8.
|
126/94-Cus
dated the 3rd June, |
In the
said notification,- (a) in
the first paragraph, in condition (6), after clause (d), the following shall
be inserted, namely:- “ (e) permit destruction of rejects and
waste without payment of duty within the unit, or outside the said unit,
where it is not possible or permissible to destroy the same within the said
unit, in the presence of Customs or Central Excise officer.”; (b)
in paragraph 2, in the proviso, for the words and figures “duty of 15%
ad valorem”, the words and figure “duty of 5% ad valorem” shall be substituted;
(c) in
paragraph 3, in clause (a), for the words “on payment of customs duty on the
said goods used for the purpose of production, manufacture or packaging of
such articles in an amount equal to the customs duty leviable on such
articles as if imported as such.”, the following shall be substituted,
namely:- “customs
duty equal in amount to that leviable on inputs obtained under this
notification and used for the purpose of production, manufacture or packaging
of such articles, which would have been paid, but for the exemption under
this notification, shall be payable at the time of clearance of such
articles.” |
|
9. |
133/94-Cus,
dated the 22nd June,
1994. |
In the
said notification, - (a) in
the first paragraph, in condition (6), after sub-condition (iv), the
following sub-condition shall be inserted, namely:-
(b) in
the paragraph 3, for the words “on payment of customs duty on the said goods
used for the purpose of production, manufacture, processing or packaging of
such articles in an amount equal to the customs duty leviable on such
articles as if imported as such”, the following shall be substituted,
namely:-
“ customs duty equal in amount to that leviable on inputs obtained under this
notification and used for the purpose of production, manufacture, processing
or packaging of such articles, which would have been paid, but for the
exemption under this notification, shall be payable at the time of clearance of
such articles”; (c) in
paragraph 4, in the proviso, for the words and figures “ duty of 10% ad
valorem or at zero rate of duty”, the words and figure “ duty of 5% ad
valorem” shall be substituted; (d) in
Annexure-I, after Sl. No. 14, the following shall be inserted, namely:- “ 15.
Raw materials for making capital goods for use within the unit for the
purpose of production or manufacture of export goods. 16. Any other item required in
relation to production of export goods with the prior approval of the Board
of Approval.”. |
|
10.
|
196/94-Customs,
dated the 8th |
In the
said notification, in the first paragraph,-
“ customs duty equal in amount to that leviable on the inputs obtained under
this notification and used for the purpose of manufacture or production of
such articles, which would have been paid but for the exemption under this
notification, shall be payable at the time of clearance of such
articles”; (ii) in
condition (8), in the proviso, for the words and figures “ duty of 10% ad
valorem”, the words and figure “ duty of 5% ad valorem” shall be
substituted. |
|
11.
|
53/97-Cus,
dated the 3rd June, |
In the
said notification, -
(i)
in condition (5), in the proviso, for the words and figures “duty of 10%
ad valorem, or at zero rate of duty”, the words and figure “duty of 5% ad
valorem” shall be substituted; (ii)
in condition (7), for the words “on payment of customs duty on imported goods
used for the purpose of manufacture of such articles in an amount equal to
the customs duty leviable on such articles as if imported as such”, the
following shall be substituted, namely:- (iii)
in condition (8), after sub-condition (ii), the following sub-condition shall
be inserted, namely:- “ (iii)
after the approval of the Board of Approval, the said goods, or goods
partially processed or manufactured, or packaged therefrom in the unit to be
taken out of India for the purpose of processing if such processing is not
available in India, without payment of duty and to be returned to the said
unit thereafter, subject to such conditions or limitations, as may be
specified by him in this behalf” ; (b)
in the Table, after serial No. 15, the following shall be inserted, namely:- “ 16.
Raw materials for making capital goods for use within the unit for the
purpose of production or manufacture of export goods. 17. Any
other item required in relation to production of export goods with the prior
approval of the Board of Approval.”. |
|
12. |
56/2000-Cus,
dated the 5th |
In the
said notification,-
(b)
in the second proviso, for the words “Provided further that in the case of
import by status holders”, the words “Provided further that in the case of
import by status holders or exporters of three years’ standing having an
annual average turnover of five crore rupees during the preceding three
licensing years,” shall be substituted. |
|
13.
|
137/2000-Cus,
dated the 19th October, 2000 |
In the
said notification, -
“ (iv).
Permit, after approval of the Board of Approval, the said goods, or goods
partially processed or manufactured, or packaged there from in the unit to be
taken out of India for the purpose of processing if such processing is not
available in India, without payment of duty and to be returned to the said
unit thereafter:” ; (b) in
paragraph 3, after the second proviso, the following proviso shall be
inserted, namely:-
“ Provided also that the finished goods (including by products,
rejects, waste, scrap and remnants), may be cleared to the warehouse
appointed or registered under the notification of the
Government of India in the Ministry of Finance, Department of Revenue, number
26/98-CE( NT), dated the 15th July, 1998 or to the warehouse authorised to
carry on manufacturing process and other operations under section 65 of the
Customs Act, 1962 ( 52 of 1962) and under the Manufacture and Other
Operations in Warehouse Regulations, 1966, without payment of duty.” |
1. The principal notification No. 3/88-Cus, dated the
14th January 1988, was issued vide G.S.R. 31(E), dated the 14th January, 1988,
and was last amended by notification number 55/2000-Customs, dated 5th May,
2000, issued vide G.S.R. 398 (E), dated the 5th May, 2000.
2.
The principal notification No. 277/90-Cus, dated the 12th December 1990, was
issued vide G.S.R. 943(E), dated the 12th December, 1990, and was last amended
by notification number 55/2000-Customs, dated 5th May, 2000, issued vide G.S.R.
398 (E), dated the 5th May, 2000.
3. The principal notification No. 177/94-Customs, dated
the 21st October, 1994 was issued vide G.S.R. 771(E), dated the 21st October,
1994, and was last amended by notification number 55/2000-Customs, dated 5th
May, 2000, issued vide G.S.R. 398 (E), dated the 5th May, 2000.
4.
The principal notification No.138/91-Customs, dated the 22nd October 1991, was
issued vide G.S.R. 639(E), dated the 22nd October 1991, and was last amended by
notification number 71/2000-Customs, dated the 22nd May, 2000, issued vide
G.S.R. 474(E), dated the 22nd May, 2000.
5.
The principal notification No.140/91-Customs, dated the 22nd October 1991, was
issued vide G.S.R. 641(E), dated the 22nd October 1991, and was last amended by
notification number 71/2000-Customs, dated the 22nd May, 2000, issued vide
G.S.R. 474(E), dated 22nd May, 2000.
6.
The principal notification No.95/93-Customs, dated the 2nd March 1993, was
issued vide G.S.R. 254(E), dated the 2nd March, 1993, and was last amended by
notification number 71/2000-Customs, dated the 22nd May, 2000, issued vide
G.S.R. 474(E), dated 22nd May, 2000.
7.
The principal notification No.96/93-Customs, dated the 2nd March 1993, was
issued vide G.S.R. 255(E), dated the 2nd March 1993, and was last amended by notification
number 71/2000-Customs, dated the 22nd May 2000, issued vide G.S.R.474 (E),
dated 22nd May, 2000.
8.
The principal notification No.126/94-Customs, dated the 3rd June 1994, was
issued vide G.S.R. 488(E), dated the 3rd June 1994, and was last amended by
notification number 71/2000-Customs, dated the 22nd May, 2000, issued vide
G.S.R. 474(E), dated the 22nd May, 2000.
9. The principal notification No.133/94-Customs, dated
the 22nd June 1994, was issued vide G.S.R. 526(E), dated the 22nd June 1994,
and was last amended by notification number 71/2000-Customs, dated the 22nd
May, 2000, issued vide G.S.R. 474(E), dated 22nd May, 2000.
10. The principal notification No.196/94-Customs, dated
the 8th December 1994, was issued vide G.S.R. 856(E), dated the 8th December
1994, and was last amended by notification number 71/2000-Customs, dated the
22nd May, 2000, issued vide G.S.R.
474(E), dated 22nd May, 2000.
11. The principal notification No.53/97-Customs, dated
the 3rd June, 1997, was issued vide G.S.R. 302(E), dated the 3rd June 1997, and
was last amended by notification number 71/2000-Customs, dated the 22nd May,
2000, issued vide G.S.R. 474(E), dated 22nd May, 2000.
12. The principal notification No.56/2000-Customs,
dated the 5th May 2000, was issued vide G.S.R. 399(E), dated the 5th May
2000.
13. The principal notification No. 137/2000-Customs,
dated the 19th October 2000, was issued vide G.S.R. 804(E), dated the 19th
October 2000.