Articles of foreign origin for repairs and return: Theatrical equipment
-Photographic, filming, sound-recording and Radio equipments, raw films, video
tapes and sound recording tapes-Mountaineering equipments-Tags and labels or
printed polythene bags for
Notification
No. 153 dated 13th July 1994 (As amended by notification
no. 101/ 95)
In
exercise of the powers conferred under 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 (hereinafter
referred to as the said 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 specified in the said 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, laid down in the corresponding entry in
column (3) thereof.
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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Articles
of foreign origin
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(i)
The importer makes a declaration at the time of import that the said
goods are being imported for repairs and return;
(ii)
the said goods are re-exported within six months of the date of
importation or within such extended period not exceeding one year, as
the Assistant Commissioner of Customs may allow;
(iii)
the Assistant Commissioner of Customs is satisfied as regards the
identity of the said goods; and
(iv)
the importer executes a bond undertaking -
(a)
to re-export the said goods after repairs within six months of the date
of importation or within the aforesaid extended period;
(b)
to produce the goods before the Assistant Commissioner of Customs for
identification before re-export;
(c)
to pay the duty if the re-export does not take place within the
stipulated period.
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2.
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Theatrical
equipment including costumes
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(i)
The said goods belong to a foreign theatrical company or dancing troupe
and have been imported by such company or troupe for its use during its
tour in India;
(ii)
an accredited representative of the company or troupe executes a bond,
in such form and with such surety as may be acceptable to the Assistant
Commissioner of Customs, binding himself to pay on demand an amount
equal to twice the amount of duty leviable on such theatrical equipment
if the same is not re-exported within six months from the date of
importation or such extended period not exceeding nine months from the
date of importation as the said Assistant Commissioner may allow;
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3.
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Pontoons
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(i)
The said goods have been imported along with ships carrying imported
goods, for the more speedy unloading of imported goods and loading of
export goods;
(ii)
the importer makes a declaration at the time of import that the pontoons
would be re-exported and executes a bond in such form and for such sum
as may be prescribed by the Assistant Commissioner of Customs binding
himself to pay that sum if the re-export does not take place within the
period specified under condition (iii) below;
(iii)
the pontoons are re-exported within six months of the date of
importation or such extended period as the Assistant Commissioner of
Customs may allow; and
(iv)
the pontoons are re-exported by the same ship which brought them or by
any other ship under the same shipping agency.
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4.
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Photographic,
filming, sound-recording and radio equipments, raw films, video-tapes
and sound-recording tapes
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(i)
A certificate is produced to the Assistant Commissioner of Customs at
the time of clearance of the goods from a duly authorised officer of the
External Publicity Division of the Ministry of External Affairs,
Government of India, in respect of short films and documentaries and the
Ministry of Information and Broadcasting, Government of India, in
respect of feature films, that the importation is for a purpose which is
in the public interest and has been sponsored or approved by the
Government of India; and
(ii)
an undertaking is given by the importer or the sponsoring authority to
the Assistant Commissioner of Customs at the time of clearance of goods
that the goods in respect of which the exemption is claimed shall be
re-exported within three months from the date of their importation or
within such extended period, not exceeding 12 months from the date of
importation, as the Assistant Commissioner of Customs may allow and
that, in the event of failure to re-export, as aforesaid, to pay the
duty which would have been levied but for the exemption contained
herein.
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5.
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Mountaineering
equipments, materials, clothings, foodstuffs and provisions (excluding
alcoholic drinks, cigarettes and tobacco), medical stores including
medicines and medical equipments
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(i)
The said goods have been imported by a mountaineering expedition and are
essentially required to be used during the expedition in India;
(ii)
the expedition is approved by the Indian Mountaineering Foundation, New
Delhi, and the expedition importing any of the goods aforesaid produces
a certificate from the said Foundation, to the Assistant Commissioner of
Customs, at the time of importation, to the effect that-
(a)
the mountaineering expedition had been approved by the said Foundation;
(b)
the said Foundation has obtained clearance of the Government of India in
respect of the said expedition; and
(c)
the goods imported are for the bona fide requirements of the expedition;
and
(iii)
an undertaking is given by the Indian Mountaineering Foundation, New
Delhi, to the effect that -
(a)
the goods [except such of the consumable stores as may be consumed or
other articles as may be lost during the course of the expedition in
India or mountaineering equipments as are purchased by the Indian
Mountaineering Foundation, New Delhi with the prior approval of Ministry
of Finance (Department of Revenue)] shall be re-exported within six
months from the date of their importation or within such extended period
as the Assistant Commissioner of Customs may allow; and
(b)
in the event of the failure to re-export as aforesaid, duty which would
have been levied on such goods but for the exemption contained herein,
shall be paid
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6.
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Tags
or labels (whether made of paper, cloth or plastic), or printed bags
(whether made of polythene, polypropylene, PVC, high molecular or high
(ii) density polyethylene)
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(i)
The said goods have been imported for fixing on articles for export or
for the packaging of such articles;
(ii)
the importer, by execution of a bond in such form and for such sum as
may be prescribed by the Assistant Commissioner of Customs, binds
himself to pay on demand in respect of the said goods as are not proved
to the satisfaction of the Assistant Commissioner of Customs to have
been used for the aforesaid purposes, an amount equal to the duty
leviable on such tags or labels or printed bags but for the exemption
contained herein;
(iii)
the importer satisfies the Assistant Commissioner that the articles so
imported have been exported within six months of the date of importation
or within such extended period as may be permitted by the said Assistant
Commissioner.
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