Date: |
02-08-1976
|
Notification No: |
CUSTOMS Notification No 296/1976
|
Issuing Authority: |
Indian Customs
|
Type: |
Tariff
|
File No: |
|
Subject: |
Vehicles and parts by tourists
|
Vehicles and parts by tourists
Notification
No. 296 dated 2nd August 1976 (As
amended by notification nos. 53/77, 160/94, 101/95)
Goods
specified in column (2) of the Table below are exempt from the duty of customs
leviable thereon to the extent indicated in the corresponding entry in column
(3) of the said Table, subject to the conditions specified in the corresponding
entry in column (4) thereof.
Sl.
No.
|
Name
of goods
|
Extent
of Exemption
|
Conditions
of Exemption
|
(1)
|
(2)
|
(3)
|
(4)
|
1.
|
(a)
Vehicles as defined in Article 1 of the Convention.
(b)
Fuel and component parts referred to in Article 3 and 4 respectively of
the convention.
|
Whole
of the duty of Customs leviable thereon under the First Scheduled to the
Customs Tariff Act, 1975 (51 of 1975), and the additional duty leviable
thereon under Section 3 of the said Act.
|
(1)
The importer shall:
(a)
be a member of an Automobile Club or Association belonging to the
Federation of Alliance International De Tourism;
(b)
produce to the proper Officer for the purpose of the same being duly
signed and stamped by him the triptyque or carnets de passages-endouance
issued by the Alliance International De Tourism in the form approved and
issued by him by a Club or Association guaranteed by the Federation of
India Automobile Association and in respect of which all the rules and
conditions relating to triptyque or carnets de passages endouance have
been complied with; and
(c)
satisfy the proper Officer that the vehicles and component parts, which
he has imported correspond in all respects with those described in
triptyque or carnets de passages endouance and for this purpose produce
the said vehicles and component parts for examination and record of
particulars by such Officer.
(2)
The period of retention of the vehicle in India does not exceed six
months;
Provided
that where a
vehicle imported under triptyque or carnets de passages endouance is
exported out of India and is re-imported within the period of six months
from the date of its exportation from India, then for the purpose of
determining the total period of retention of the vehicle in India after
such re-import, the period of its retention in India after first
importation will be added;
Provided
further that
where the Central Government or the Commissioner of Customs is satisfied
that it is necessary in the public interest so to do, it may extend the
period of six months by a further period of six months.
(3)
Generally subject to the provisions of the convention.
|
2.
|
Vehicle
(including component parts) referred to in the Convention which is
permitted to be imported in accordance with the conditions, specified
against serial number 1 above and which, on account of accident
requiring repairs of the vehicle or due to death or illness of the
holder of the temporary importation documents, or a person accompanying
him or a family member, is not exported out of India within six months
after the date of importation.
|
Whole
of the duty of customs leviable thereon under the First Schedule to the
Customs Tariff Act, 1975 (51 of 1975), and the additional duty leviable
thereon under section 3 of the said Act.
|
(1)
The vehicle is garaged, except, when it is being repaired in a premises
approved by the Collector of Customs under a double lock, one of the
owner and the other of the Customs, provided that where the holder of
the temporary importation documents or the person accompanying him or
his family members is hospitalised, then this condition shall not apply.
(2)
The vehicle is re-exported before the expiry of six months from the date
of its importation into India extended by the period of garaging or
hospitalisation referred in condition (1) above.
|
3.
|
Vehicles
and component parts referred to in the Convention, other than those
specified in serial number 2 above, which are permitted to be imported
in accordance with the conditions specified against serial number 1
above and which are exported out of India after six months and within
one year of the date of importation.
|
So
much of the duty of Customs and additional duty as is equal to the
amount of drawback calculated by taking into account the use of the
vehicle from the date of its first entry into India to the date on which
the vehicle is finally re-exported.
|
The
holder of carnet continues to remain in India during the period of
retention of the vehicle in India.
|
Explanation:
In this notification �Convention� means the Customs Convention on the
Temporary Importation of private road vehicles.
2.
Nothing contained in this notification shall apply to:
(a)
legal persons referred to in Article 1(e) of the Convention;
(b)
persons normally resident outside India, who on the occasion of temporary
visit to India take up paid employment or any other form of gainful occupation.
|
|