Exemption to imports relating to Defence and Internal Security Forces
Notification No. 39 dated 23rd
July 1996 (As
amended by notification nos. 28/96, 19/97, 99/98, 27/99, 111/99, 118/99,
8/2000, 11/2000, 20/2000, 103/2000, 146/2000, 33/2001, 81/2001, 130/2001,
Notification No. 66 dated 26th June 2002, Notification No. 99 dated
13th September 2002, Notification No. 133 dated 3rd
December 2002, Notification No. 3 dated 3rd January 2003,
Notification No. 6 dated 6th January 2003, Notification No. 28 dated
1st March 2003)
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 goods of the description specified in column
(2) of the Table hereto annexed and falling within the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), when imported into India, from the whole
of the duty of customs leviable thereon which is specified in the said First
Schedule and from the whole of the additional duty leviable thereon under
section 3 of the second mentioned Act, subject to the conditions, if any,
specified in the corresponding entry in column (3) of the said Table.
S. No.
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Description of goods
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Conditions
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(1)
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(2)
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(3)
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1.
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Medals and decorations (including medal ribbons)
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If imported directly by the Government of India in the
Ministry of Defence.
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2.
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Personal effects of the persons on duty out of India with
the Indian naval, military or air forces or with the Indian Navy
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If imported for delivery to the next of kin of such person
if he dies or is wounded, is missing or is taken prisoner of war.
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3.
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Goods required for construction of, or fitment to, ships
of the Indian Navy
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If imported by the Government of India or by a person
authorised by that Government, or shipped on the order of a Department of
that Government and appropriated to such order at the time of shipment.
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4.
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Bonafide gifts from donors abroad when imported for the
maintenance of war graves by an institution
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If, -
(a) a certificate is produced from the Ministry of Defence
that the said goods are intended solely for the purpose of maintenance of war
graves; and
(b) the head of the importing institution certifies in
each case that the said goods are intended only for the above purpose and
shall not be sold or disposed off.
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5.
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Supplies made out of warehoused goods belonging to
Air-India International
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If, -
(a) the supplies are made to the two specific 737
aircrafts maintained and operated by the Indian Air Force for use of
Government of India for the purpose of certain special assignments; and
(b) an officer not below the rank of an Air Vice-Marshal
certifies in each case that the said supplies are required for the purpose
specified above.
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6.
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Imported stores purchased out of bonded stocks lying in a
warehouse
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If, -
(a) the imported stores are intended to be supplied free
by the Government for use of the crew of a ship of the Coast Guard
Organisation, in accordance with their conditions of service;
(b) a shipping bill in the prescribed form has been
presented and the export duties, penalties, rent, interest and other charges
payable, in respect of the imported stores have been paid;
(c) an order for clearance of the imported stores for
taking on board a ship of the Coast Guard Organisation has been made by the
proper officer; and
(d) the procedure as may be specified by the Commissioner
of Customs in this behalf is followed.
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7.
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Paints, Consumables (Adhesives,
Glues, Resins, Additives, Sealants, Pigments, Etc.), Metallic (Ferrous And
Non Ferrous) and Non-Metallic (Composite Reinforced Fiber, Wood, Carbon
Fiber, Glass Fiber, Rubber, etc.) Materials in any Form and Articles Thereof,
conforming to Aeronautical Specification Accompanied with Certificate of
Conformance/ Release Note/ Airworthiness Certificate For Development
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If, -
(a) the said goods conform to aircraft and aero-space
specifications;
(b) the said goods are imported for use in the manufacture
of aircrafts including� helicopters
and such manufacture is against and indent from the Ministry of Defence and
the aircrafts including helicopters so manufactured are appropriated by the
Ministry of Defence;
(c) the importer undertakes to store the said goods
separately and account for the same to the satisfaction of the Assistant
Commissioner of Customs;
(d) the importer, by execution of a bond in such form and
for such sum as may be specified by that Assistant Commissioner, binds
himself to pay on demand in respect of such quantity of the said goods, as is
not� proved to the satisfaction of the
said Assistant Commissioner to have been used in the aforesaid manner, an
amount equal to the duty leviable but for the exemption contained herein.
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8.
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Goods imported for trial, demonstration of training before
any authority under the Ministry of Defence in the Government of India
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If, -
(a) a certificate from the Under Secretary to the
Government of India in the Ministry of Defence is produced to the Assistant
Commissioner of Customs, in each case, that the goods imported are for the
purpose of trial, demonstration or training, and
(b) the importer undertakes, in each case, to pay the duty
leviable on such goods (except those which are certified by the said Under
Secretary as having been consumed in the process of trial, demonstration or
training) which are not re-exported by him within a period of two years from
the date of importation or within such extended period that the said
Assistant Commissioner may allow.
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9.
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The following goods required for construction of, or fitment
to, ships of Indian Navy or Coast Guard: -
(i) machinery, equipment,
components and raw materials;
(ii) spares and test equipment for
maintenance, testing and tuning of imported equipment;
(iii) parts required for
manufacture of indigenous equipment by Indian suppliers for supply to India
Navy or Coast Guard.
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If imported by the Government of India or by a person
authorised by that Government, or shipped on the order of a Department of
that Government and appropriated to such order at the time of shipment.
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10.
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(i) Aircrafts, aircraft parts, aircraft engines and
aircraft engine parts;
(ii) Production tooling including jigs, tools, fixtures,
tools and gauges, ground support equipments, test/ measuring equipments,
scientific and technical instruments, apparatus and equipments including
spare parts and components thereof, consumables;
(iii) Arms, ammunition and military stores;
(iv) Tools and gauges which are for use only with
ammunition and explosives of service use; ammunition chemicals; electric
detonators; fire directing and fire control instruments such as rangefinders,
predictors, platters, computers; sight dial; signal equipment including
wireless equipment and component parts thereof, used exclusively by the
defence service; test equipment for radars for service use; military bridging
stores and equipment; ASDIC and ECHO sounding equipment; specialized cameras
for Air Force use; mines sweeping gear and parachutes;
(v) Radars, torpedoes, sonar sets, mine laying gear,
diving equipment and their spares, accessories jigs, tools, testing equipment
and components;
(vi) Spare parts, accessories, Jigs, tools testing
equipment components, special raw materials and half wroughts like steel
forgings and castings, to be processed into finished components for armoured
and specialised vehicles peculiar to the defence service;
(vii) Guided weapons and their accessories;
(viii) Components, spares, jigs, fixtures, tools, dies,
moulds and test equipment required for the manufacture and testing of guided
weapons and their accessories;
(ix) Raw material and special materials required for the
manufacture of guided weapons and their accessories;
(x) Rock drills and breakers;
(xi) All types of ground support equipment for guided
weapons and their accessories.
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If, -
(a) the said goods are imported by the Government of
India, the contractors of the Government of India, State Government, Public
Sector Undertakings of the Central Government or the State Governments and
the sub-contractors of such Public Sector Undertakings; and
(b) in the case of imports by contractors or
sub-contractors or Public Sector Undertakings referred above, the importer
furnishes at the time of import a duty exemption certificate showing: -
(1) the details of the
purchase order placed by the Ministry of Defence on the� contractors or sub-contractors and on the
said Public Sector Undertakings and the quantity of the items required to be
imported to execute the said order; and
(2) the details of the purchase
order placed by the said contractors or sub-contractors or the said Public
Sector Undertakings, on their foreign suppliers indicating the description
and quantity of the items.
Explanation, -
(i) in the case of imports by
contractors of the Government of India, who are contractors of Research and
Development Laboratories or Establishments under the Ministry of Defence, the
certificate shall be signed by the Chief Controller of Research and
Development (R) of the said Laboratories or Establishments;
(ii) in the case of imports by
Public Sector Undertakings of the Central Government under the Ministry of Defence,
the certificate shall be signed by the functional Director of such
Undertaking; and
(iii) in other cases where a
certificate is to be furnished by the importer at the time of import in terms
of condition (b) above, the certificate shall be signed by an officer not
below the rank of a Joint Secretary to the Government of India, in the
Ministry of Defence.
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11.
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(i) Machines, appliances, instruments and equipment
required for the construction port of, or fitment to, or maintenance of, patrol
crafts;
(ii) Wireless transmission and receiving sets and their
components;
(iii) Night vision equipment and their components;
(iv) Arms and their components, and ammunition;
(v) Omitted
(vi) Radio communication test sets;
(vii) Spare parts of patrol crafts;
(viii) Spare parts in respect of any of the above items.
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If, -
(a) the goods are imported by the Government of India, or
by a person authorised by that Government or shipped on the order of a Department
of that Government for use in anti-smuggling operations and are appropriated
under such order at the time of shipment; and
(b) the importer produces a certificate from the Under
Secretary to the Government of India in the Department of Revenue to the
effect that the said goods are intended for use in anti-smuggling operations.
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12.
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(i) Spedeheat grenades CS, 3-way grenades CN/ CS, practice
grenades, blast dispersion grenades with two second bouchon, model 34 single
blast grenades, one second delay firing mechanism for spedeheat grenades, two
seconds delay firing mechanism for three way grenades;
(ii) Long range shells CN/ CS, short range shells CN/ CS,
flite rite-shells CN/ CS, practice shells CN/ CS;
(iii) Refills, accessories, caps, gas pellets and
recapping and decapping machines for practice shells, gas guns and
accessories and spare parts for gas guns;
(iv) Truncheons, truncheon cartridges, one-second
bouchons, two-second bouchons, chemical mace, aerosol tear gas spray, tear
gas billets, paper fog and bulletproof protective vests.
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If, -
(a) the said goods are imported for the use of Police
Force of the States or the Union territories, or the Central Reserve Police
Force; and
(b) the importer produces a certificate from the Under Secretary
to the Government of India in the Ministry of Home Affairs to the effect that
the said goods are intended for the aforesaid use. �
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13.
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Machinery, equipment, instruments, fittings, devices,
scientific apparatus, components, spares, tools, accessories, computer
hardware, computer software, technical know-how (in the form of documents and
drawings in the printed media), castings, forgings, pipings, tubings, raw
materials and consumables required for the purpose of Advance Technology
Vessels Programme (ATVP) of the Ministry of Defence
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If,-
(a) the said goods are imported by work centres of the
ATVP, Government agencies or public sector undertakings, as may be designated
by an officer not below the rank of a Deputy Secretary to the Government of
India in the Ministry of Defence; and
(b) such importers produce to the Deputy Commissioner of
Customs or the Assistant Commissioner of Customs, at the time of import, in
each case, a list of the said goods with their relevant description, duly
certified by the Project Director or Director of the ATVP (of the rank of
Rear Admiral of the Indian Navy, or of equivalent rank of the Joint Secretary
to the Government of India) to the effect that the said goods are required
for the ATVP, shall be used only for the ATVP and that they are not
manufactured in India.
Explanation:
Nothing contained in this exemption shall have
effect on or after the 1st day of January 2006.
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14.
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Machinery, equipment, instruments, components, jigs,
fixtures, dies, tools, raw materials, accessories and spares required for the
purposes of Integrated Guided Missile Development Programme (IGMDP) of the
Ministry of Defence.
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If, -
(a) the said goods are imported by authorised works
centres of the IGMDP, as may be designated by an officer not below the rank
of a Deputy Secretary to the Government of India in the Ministry of Defence;
and
(b) the authorised work centre produces to the Deputy
Commissioner of Customs or the Assistant Commissioner of Customs, as the case
may be, at the time of import, in each case, a list of the said goods with
their relevant description duly certified by the Member Secretary, Programme
Management Board of the IGMDP, Defence Research and Development Laboratory,
Hyderabad to the effect that the said goods mentioned in the list are
required for the purposes of the IGMDP, and that they are not manufactured in
India and that the imports of the said goods mentioned in the said list are
authorised by the Ministry of Defence under and for the purposes of the IGMDP
and shall be used only for the purposes of the IGMDP.
Explanation:Nothing
contained in this exemption shall have effect on or after the 1st
day of January 2006.
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15.
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Machinery, instruments, tools,
including accessories of such machinery, instruments and tools required for
the setting up of ammunition filling facilities in the Ordnance Factory,
Badmal, Distt.
Bolangir in Orissa, of the
Ministry of Defence.
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If, -
(a) the said goods are imported
by the General Manager, Ordnance Factory, Badmal Distt. Bolangir in Orissa;
and
(b) the importer produces to the
Deputy Commissioner of Customs or the Assistant Commissioner of Customs, as
the case may be, at the time of import, in each case, a list of the said
goods with their relevant description duly certified by an officer not below
the rank of a Joint Director in the Ordnance Factory Board, Kolkata, to the
effect that the said goods mentioned in the list are required for the setting
up of ammunition filling facilities in the Ordnance Factory, Badmal, Distt.
Bolangir in Orissa, and that such goods are not manufactured in India and
shall be used only for the above purpose in the said factory.
Explanation: Nothing contained in this
exemption shall have effect on or after the 31st day of August
2003.
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16.
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Ballistic grade aramid fabrics, aramid thread, ballistic
grade ceramic plate, high performance polyethylene plate special grade
polyurethane paste and special grade thermoplastic film required for the
manufacture of bullet proof jackets for supply to the armed forces of the
Union under the Ministry of Defence or the Police Forces of the States or the
Union Territories
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If, -
(a) the importer furnishes to the Assistant� Commissioner of Customs, at the time of
importation, in each case, a list of the said goods, with relevant
description and quantities required for the manufacture of such bullet proof
jackets; and
(b) such list is duly certified by an officer not below the
rank of a Joint Secretary to the Government of India: -
(1) In the Ministry of
Defence, in the case of imports made against an order for supply of such
bullet proof jackets to the Armed Forces of the Union under the Ministry of
Defence; or
(2) in the Ministry of Home
Affairs, in case the import is made against an order for supply of such
bullet proof jackets to the Police Forces of the States or the Union
Territories.
Explanation:Police
forces of the States or the Union Territories shall also include the Central
Reserve Police Force, the Indo-Tibetan Border Police Force, the Special
Services Bureau, the Border Security Force, the Central Industrial Security
Force and the National Security Guards maintained or constituted under the
Central Reserve Police Force Act, 1949 (66 of 1949), the Indo-Tibetan Border
Police Force Act, 1992 (35 of 1992), the Border Security Force Act, 1968 (47
of 1968), the Central Industrial Security Force Act, 1968 (50 of 1968) and
the National Security Guard Act, 1986 (47 of 1986)
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17.
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Machinery, equipment, instruments, components, spares,
jigs and fixtures, dies, tools, accessories, computer software, raw materials
and consumables required for the purpose of SAMYUKTA Programme of the
Ministry of Defence
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If, -
(a) the said goods are imported
by works centres of the SAMYUKTA Programme, Government agencies or public
sector undertakings, as may be designated by an officer not below the rank of
a Deputy Secretary to the Government of India in the Ministry of Defence; and
(b) such importers
produce to the Deputy Commissioner of Customs or the Assistant Commissioner
of Customs, as the case may be, at the time of import, in each case, a list
of the said goods with their relevant description, -
(1) duly
certified by the Programme Director or Associate, Programme Director,
SAMYUKTA Programme, Department of Defence Research and Development, to the
effect that the said goods are required for the SAMYUKTA Programme, shall be
used only for the SAMYUKTA Programme and that they are not manufactured in
India; and
(2) duly
certified also by an officer not below the rank of an Under Secretary to the
Government of India in the Ministry of Defence to the effect that the imports
of the said goods mentioned in the said list are authorised by the Ministry
of Defence under and for the purposes of the SAMYUKTA Programme.
Explanation:
Nothing contained in this exemption shall have effect on or after the 1st
day of April 2003.
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18.
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Machinery, equipment, instruments, components, spares, tools,
accessories, computer software, mock ups and models, raw materials and
consumables required for the purposes of Light Combat Aircraft Programme
(LCAP) of the Ministry of Defence
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If, -
(a) the said goods are imported by authorised works centres
of the LCAP, as may be designated by an officer not below the rank of a
Deputy Secretary to the Government of India, in the Ministry of Defence; and
(b) such importers produce to the Assistant Commissioner
of Customs, at the time of import, in each case, a list of the said goods
with their relevant description,-
(1) duly certified by the
Senior Manager, Aeronautical�
Development Agency, to the effect that the goods mentioned in the said
list are required for the LCAP of the Ministry of Defence, shall be used only
for the LCAP and that they are not manufactured� in India; and
(2) duly certified also by an
officer not below the rank of an Under Secretary to the Government of India
in the Ministry of Defence to the effect that the imports of the goods
mentioned in the said list are authorised by the Ministry of Defence under
and for the purposes of the LCAP.
Explanation:Nothing
contained in this exemption shall have effect on or after the 1st
day of July 2006.
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19.
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Machinery, equipment, instruments, components, spares, raw
materials, consumables, jigs, fixtures, tools, accessories and computer
software required for the purposes of the SANGRAHA Programme of the Ministry
of Defence
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If, -
(a) the said goods are imported by authorised works centres
of the SANGRAHA Programme, as may be designated, by an officer not below the
rank of a Deputy Secretary to the Government of India, in the Ministry of
Defence; and
(b) such importer produces to the Assistant Commissioner
of Customs, at the time of import, in each case, a list of the said goods
with their relevant description, -
(1) duly certified by the
Programme Director, or Associate Programme Director Department of Defence
Research and Development, to the effect that the goods mentioned in the said
list are required for the SANGRAHA Programme, of the Ministry of Defence,
shall be used only for the SANGRAHA Programme and that they are not
manufactured in India; and
(2) duly certified also by an
officer not below the rank of an Under Secretary to the Government of India
in the Ministry of Defence to the effect that the imports of the goods
mentioned in the said list are authorised by the Ministry of Defence under
and for the purposes of the SANGRAHA Programme.
Explanation:Nothing contained
in this exemption shall have effect on or after the 1st day of
July 2002.
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20.
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Bomb disposal suits/helmets/ protections shields, Bomb
suppression blanket, Explosive detectors including hand held or portable
type, Electronic stethoscope, Remote car opening tool (push/pull type),
Portable X-ray machine/system, Inspection/Search
mirrors-illuminated/telescopic or otherwise, Mine detectors, Metal detectors
(portable or fixed), Postal bomb detector, Explosive container, Water jet
disrupter with cartridges and laser sight and Telescopic manipulator,
Non-linear junction detector, Optical fibre scopes, Search lights (dragon
variety), Radiation detectors, Parcel viewer, Alarm systems, CCTV systems,
Bomb disrupter, Bomb trailer, Blasting machines, Wire and cable locators.
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If, -
(a) imported by the Police force of the States or Union
territories or Central Reserve Police Force, National Security Guard or
Border Security Force or Central Industrial Security Force or Indo-Tibetan
Border Police or Assam Rifles or Railway Protection Force or Special Frontier
Force, for bomb detection or disposal purposes; and
(b) the importer produces a certificate from the Under
Secretary to the Government of India in the Ministry of Home Affairs or
Ministry of Railways, as the case may be, not below the rank of an Under
Secretary to the Government of India to the effect that the said goods are
intended for the aforesaid use.
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21.
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Capital
equipment required for setting up of facilities for manufacture of SU-30 MKI
Aircraft
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If
imported by M/S Hindustan Aeronautics Limited (HAL).
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22.
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All goods
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If, -
(a) imported by the Special
Protection Group for operational purposes; and
(b) the importer produces a certificate
from an officer in the Ministry of Home Affairs not below the rank of an
Under Secretary to the Government of India to the effect that the said goods
are intended for the aforesaid purposes.
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23.
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Capital equipment required for
setting up of facilities for manufacture of compressor/ turbine blades for
AN-32 transport aircraft, Mi-8 and Mi-17 helicopter.
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If imported by M/S Hindustan
Aeronautics Limited (H.A.L.)
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