Sl. No.
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Notification number and date
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Amendments
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(1)
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(2)
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(3)
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1.
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100/2009-Customs,dated
the 11th September, 2009 [ Vide number G.S.R. 666 (E), dated the 11th September, 2009]
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In the said notification,-
(a) in paragraph 2-
(i) in condition (2), after
the words “each user would fulfil”, the words, figures and letters “and for
authorizations issued on or after the 5th June,
2012, the details of the capital goods and the quantum of Export
Obligation which Common Service provider shall
fulfil shall be mentioned in the authorization.” shall be inserted.
(ii) in condition (5)-
(A) after
the first Table, the following proviso shall be inserted, namely:-
“Provided that in case
authorizations are issued on or after the 5th June, 2012, the Common Service provider
shall execute the bond with bank guarantee and the bank guarantee shall be
equivalent to hundred percent. of the duty foregone, to be given by the Common
Service provider or by any one of the users or a combination thereof, at the
option of the Common Service provider:”.
(B) after the
proviso as so inserted, in
the existing first proviso, for the words, “Provided that”, the words,
“Provided further that” shall be substituted.
(C) in condition (7),
after the words “specific users”, the words “or the Authorization Holder, as
the case may be,” shall be inserted.
(b) in the Explanation, in
clause 3,-
(I) in sub-clause (1)-
(A) for
the words “Common Service
provider and each of the specific users”, the words “Common
Service provider and each of the specific users endorsed in the authorization
or the Common Service Provider and specific users whose details are informed
prior to export by Common Service provider to the Regional Authority, as the
case may be,” shall be substituted.
(B) in the second proviso, for the words
“poultry and sericulture,”, the words “poultry,
sericulture, carpet, coir and jute,” shall be substituted.
(C) for the fifth
proviso, the following proviso shall be substituted, namely:-
“Provided also
that the exports made to such countries as notified by the Director General
of Foreign Trade, shall not be counted for fixing average level of
exports:”.
(D) after the sixth
proviso, the following proviso shall be inserted, namely:-
“Provided also
that in the case of authorisations issued on or after the
5th June, 2012, for exports by users of the common service, to be
counted towards fulfilment of export obligation of Common Service provider,
the respective shipping bills of the users of common service shall contain
the EPCG Authorization details of the Common Service provider and concerned
Regional Authority must be informed about the details of the users prior to
such export.”
(II) in sub-clause (2), in item (a),-
(A) in
sub-item (v), for the words, brackets, figures and letters, “power projects
and refineries not covered in (iv) above under ICB procedure;”, the words,
brackets, letter and figures, “mega
power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of Foreign Trade
Policy;” shall be substituted.
(B) in sub-item (vi), for the words and
letters, “as opposed to ICB;”, the words brackets, letter and figures, “as provided in
clause (j) of para 8.2 of Foreign Trade Policy;” shall be
substituted.
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2.
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101/2009-Customs,dated
the 11th September, 2009 [ Vide number G.S.R. 667 (E), dated the 11th September, 2009]
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In the said notification,-
(a) in paragraph 2-
(i) in condition
(3), after the words “each user would fulfil”, the words, figures and letters
“and for authorizations issued on or after the 5th June, 2012, the details of the capital
goods and the quantum of Export Obligation which Common Service provider
shall fulfil shall be mentioned in the authorization.” shall be inserted.
(ii) in condition
(4), after the words “Government of India”, the following proviso shall be
inserted, namely:-
“Provided that this condition shall not
be applicable where the benefit under TUFS has been obtained butexact line
of business in TUFS is different from the line of business under EPCG or
where benefits availed under TUFS are refunded, with applicable interest,
before availing zero duty EPCG Authorization.” shall
be inserted.
(iii) in
condition (5), for the letters and words, “SHIS scrips which are not issued”,
the words and letters, “provided that this
condition shall not be applicable where already availed SHIS benefit that is
unutilized is surrendered or where benefits
availed under SHIS that is utilized is refunded, with applicable interest,
before availing zero duty EPCG authorization. SHIS scrips which are surrendered
or benefit refunded or not issued” shall be substituted.
(iv) in condition (8), after the Table, the
following proviso shall be inserted, namely:-
“ Provided that in case
authorizations are issued on or after the 5th June, 2012, the Common Service provider
shall execute the bond with bank guarantee and the bank guarantee shall be
equivalent to hundred percent. of the duty foregone, to be given by Common
Service provider or by any one of the users or a combination thereof, at the
option of the Common Service provider:”.
(v) in condition (10), after the words
“specific users”, the words “or the Authorization Holder, as the case may
be,” shall be inserted.
(b) in paragraph 4,
for the figures, letters and word, “31st December, 2012”, the figures, letters and
word,“31st December, 2013” shall be substituted.
(c) in the Explanation, in
clause 3,-
(I) in sub-clause (1)-
(A) for
the words “Common Service provider and each of the specific users”, the words “Common Service provider and each
of the specific users endorsed in the authorization or the Common Service
provider and specific users whose details are informed prior to export by
Common Service provider to the Regional Authority, as the case may be,” shall
be substituted.
(B) in the second proviso, for the words
“poultry and sericulture,” the words “poultry,
sericulture, carpet, coir and jute,” shall be substituted.
(C) for the fifth
proviso, the following proviso shall be substituted, namely:-
“Provided also
that the exports made to such countries as notified by the Director General
of Foreign Trade, shall not be counted for fixing average level of exports:”.
(D) after the sixth
proviso, the following proviso shall be inserted, namely:-
“Provided also
that in the case of authorisations issued on or after the
5th June, 2012 for exports by users of the common
service, to be counted towards fulfilment of export obligation of Common
Service the respective shipping bills of the users of common service shall
contain the EPCG Authorization details of the Common Service provider and concerned
Regional Authority must be informed about the details of the users prior to
such export.”
(II) in sub-clause (2), in item (a),-
(A) in sub-item (v) for the words,
brackets, figures and letters, “power
projects and refineries not covered in (iv) above under ICB procedure;”, the
words, brackets, figures and letters, “mega power projects as provided in
sub-clause (ii) of clause (f) of para
8.2 of Foreign Trade
Policy;” shall be substituted.
(B) in sub-item (vi), for the words and letters, “as
opposed to ICB;”, the words, brackets, letter and figures, “as provided in
clause (j) of para 8.2 of Foreign Trade Policy;” shall be
substituted.
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3.
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102/2009-Customs,dated
the 11th September, 2009 [ Vide number
G.S.R. 668 (E), dated the 11th September, 2009]
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In the said notification,-
(a) in
paragraph 2-
(i) in condition (3), after
the words “Government of India”, the following proviso shall be inserted,
namely:-
“Provided that this condition shall not
be applicable where the benefit under TUFS has been obtained but exact line of business in
TUFS is different from the line of business under EPCG or where benefits
availed under TUFS are refunded, with applicable interest, before availing
zero duty EPCG Authorization.”.
(ii) in
condition (4), for the letters and words, “SHIS scrips which are not issued”,
the words and letters, “provided that this
condition shall not be applicable where already availed SHIS benefit that is
unutilized is surrendered or where benefits
availed under SHIS that is utilized is refunded, with applicable interest,
before availing zero duty EPCG authorization. SHIS scrips which are
surrendered or benefit refunded or not issued” shall be substituted.
(iii) in condition (7), after the Table,-
(I) the
following provisos shall be inserted, namely:-
“Provided that the export obligation shall be 75% of
the normal export obligation specified above
when fulfilled by export of following green technology products, namely,
equipment for solar energy decentralized and grid connected products,
bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers,
waste heat boiler, waste heat recovery units, unfired heat recovery steam
generators, wind turbine, solar collector and parts thereof, water treatment
plants, wind mill and wind mill turbine or engine, other generating sets -
wind powered, electrically operated vehicles – motor cars, electrically
operated vehicles – lorries and trucks, electrically operated vehicles –
motor cycle and mopeds, and solar cells:
Provided further that
for units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the
normal export obligation specified above:”
(II) after the
provisos as so inserted, in the existing first proviso,
for the
words, “Provided further”, the words, “Provided
also” shall be substituted.
(b) in paragraph 4, for the figures, letters and
word, “31st December, 2012”, the
figures, letters and word,“31st December,
2013” shall be substituted.
(c) in the
Explanation, in clause 2,-
(I) in sub-clause (1)-
(A) in the second proviso, for the words
“poultry and sericulture,” the words “poultry,
sericulture, carpet, coir and jute,” shall be substituted.
(B) for
the fifth proviso, the following proviso shall be substituted, namely:-
“Provided also
that the exports made to such countries as notified by the Director General
of Foreign Trade, shall not be counted for fixing average level of
exports:”.
(II) in sub-clause (2), in item (a),-
(A) in sub-item (v), for the words, brackets, figures
and letters, “power projects
and refineries not covered in (iv) above under ICB procedure;”, the words,
brackets, letter and figures, “mega power projects as provided
in sub-clause (ii) of clause (f) of para
8.2 of Foreign Trade
Policy;” shall be substituted.
(B) in
sub-item(vi), for the words and letters, “as
opposed to ICB;”, the words, brackets, letter and figures, “as provided
in clause (j) of para 8.2 of Foreign Trade Policy;” shall be
substituted.
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4.
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103/2009-Customs,dated
the 11th September, 2009 [ Vide number G.S.R. 669 (E), dated the 11th September, 2009]
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In the said notification,-
(a) in paragraph 2, in condition (4),
(i) after the
first Table, the following provisos shall be inserted, namely,-
“Provided that the export obligation shall be 75% of
the normal export obligation specified above
when fulfilled by export of following green technology products, namely,
equipment for solar energy decentralized and grid connected products,
bio-mass gassifier, bio-mass or waste boiler, vapour absorption chillers,
waste heat boiler, waste heat recovery units, unfired heat recovery steam
generators, wind turbine, solar collector and parts thereof, water treatment
plants, wind mill and wind mill turbine or engine, other generating sets -
wind powered, electrically operated vehicles – motor cars, electrically
operated vehicles – lorries and trucks, electrically operated vehicles –
motor cycle and mopeds, and solar cells:
Provided further that
for units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim and Tripura, the export obligation shall be 25% of the
normal export obligation specified above:”
(ii) after the provisos as so inserted,
in the existing first proviso, for the words, “Provided that”, the words,
“Provided also that”, shall be substituted.
(b) in the
Explanation, in clause 2,-
(I) in sub clause (1)-
(A) in the second proviso, for the words
“poultry and sericulture,” the words “poultry,
sericulture, carpet, coir and jute,” shall be substituted.
(B) for
the fifth proviso, the following proviso shall be substituted, namely:-
“Provided also that
the exports made to such countries as notified by the Director General of
Foreign Trade, shall not be counted for fixing average level of exports:”.
(II) in sub-clause (2), in item (a),-
(A) in sub-item (v) for the words,
brackets, figures and letters, “power
projects and refineries not covered in (iv) above under ICB procedure;”, the
words, brackets, letter and figures, “mega
power projects as provided in sub-clause (ii) of clause (f) of para 8.2 of Foreign Trade Policy;” shall be substituted.
(B) in
sub-item (vi), for the words and letters, “as
opposed to ICB;”, the words, brackets, letter and figures, “as provided
in clause (j) of para 8.2 of Foreign Trade Policy;” shall be
substituted.
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5.
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104/2009-Customs,dated
the 14th September, 2009 [ Vide number G.S.R. 674 (E), dated the 14th September, 2009]
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In the said notification,-
(a) in the opening paragraph, for the portion beginning with the
words “hereby exempts” and ending with the brackets and words “ (hereinafter
referred to as the said scrip),”, the following shall be substituted,
namely:-
“hereby exempts –
(i) capital goods; and
(ii) components and spares and parts, for capital goods imported earlier,
when imported into India against a duty credit scrip issued
under the Status Holders Incentive Scheme in accordance with paragraph 3.16
of the Foreign Trade Policy (hereinafter referred to as the said scrip),”.
(b) for Condition (4), the
following condition shall be substituted, namely:-
“(4) that the said scrip shall be non-transferable and shall be
used for import of capital goods relating to the sectors specified in condition
(1):
Provided that the capital goods specified in appendix 37B of the
Hand Book of Procedures volume 1 shall not be allowed for import:
Provided further that the import of components and spares
and parts against the said scrip shall be
allowed only -
(i) in respect of capital goods imported earlier,
(ii) in respect of capital goods imported relating to the
sectors specified in condition (1), and
(iii) upto ten per cent. of the duty credit amount in the said scrip originally
issued:
Provided also that the said scrip shall be transferable
amongst the status holders subject to the condition that the transferee
status holder is a manufacturer and such transfer is endorsed by the Regional
Authority, during the period of validity of the said scrip, mentioning the
sectors for which the transferee has manufacturing facility and for which the
transfer is granted:
Provided also that upon such transfer, the validity of the said
scrip shall remain unchanged.”.
(c) after condition (5) , the following
condition shall be inserted, namely:-
“(5A) that the components and spares
and parts, for capital
goods imported earlier, imported against the said scrip shall be meant for
use in the capital goods already imported and subject to actual user condition
and the importer at the time of clearance of the said components and spares
and parts, shall furnish an undertaking to this effect to the Deputy
Commissioner of Customs or Assistant Commissioner of Customs, as the case may
be, that in case of non compliance of the said condition, he shall pay on
demand an amount equal to the duty leviable, but for the exemption contained
herein together with interest at the rate of fifteen percent. per annum from
the date of clearance of the said materials.”
(d) in the Explanation,-
(I) after clause (i), the following clauses shall be inserted, namely:-
“(ia) “Component” means one of the parts of a sub-assembly or
assembly of which a manufactured product is made up and into which it may be
resolved and it includes an
accessory or attachment to another component.
(ib) “Spares” means a part or a sub-assembly or assembly for
substitution, that is ready to replace an identical or similar part or
sub-assembly or assembly and it includes a component or an accessory.
(ic) “Part” means an element of a sub-assembly or assembly not
normally useful by itself, and not amenable to further disassembly for
maintenance purposes which may be a component, spare or an accessory.”.
(II) in clause (iii), for the
words “Licensing Authority”, the words “Licensing Authority or Regional
Authority” shall be substituted.
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