[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, IN PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
New Delhi, the 21st May, 200731,
VAISAKHA, 1929 (SAKA)
Notification No. 72/2007-CUSTOMS
G.S.R 364(E) - 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 below, 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, namely :-
Table
S.No.
(1)
Notification No.
and date
(2)
Amendment
(3)
1.
92/2004-Customs,
dated the 10
th
September, 2004.
[G.S.R 605 (E),
dated the 10
th
September, 2004].
In the said notification, -
(a) in the opening paragraph, in clause (i), the
following words shall be added at the end,
namely :-
"and items not permitted to be imported as
specified in para 3.12.4 of the Policy";
(b) in the opening paragraph, in clause (ii), the
following words shall be added at the end,
namely :-
"but excluding the items not permitted to be
imported as specified in para 3.12.4 of the
Policy".
(c) after condition (iv), the following condition shall be inserted, namely : -
"(v) that the foreign exchange counted towards fulfillment of export obligation (over and above the
average) under Export Promotion Capital Goods Scheme shall not be eligible for benefits under the
scheme".
2.
97/2004-Customs,
dated the 17
th
September, 2004.
[G.S.R 620 (E)
dated the 17
th
September, 2004].
In the said notification, -
(a) in paragraph 2, in condition (2), in the third provisio, for the words "imported by agro units ", the
words "imported by agro units and units in tiny and cottage sector" shall be substituted;
(b) S. No.3 of the table shall be omitted.
(c) for S.No. 4, the following S.No. shall be
substituted, namely :-
"4. spare parts of goods specified at S.Nos.1 and 2 as actually imported and required for
maintenance of capital goods so imported, assembled or manufactured";
(d) in S.No.5 of the table, the words "including consumables" shall be omitted;
(e) after paragraph 3, after the table and before the Explanation, the following paragraph shall be
inserted, namely :-
"4. waiver of Export Obligation may be considered where, because of force majeure or other
unforeseen circumstances/ reasons, exporter is unable to fulfill export obligation. Such requests shall
be considered by a Committee comprising representative(s) of Department of Commerce and
Department of Revenue under Directorate General of Foreign Trade. Decision of this Committee
shall be notified by Department of Revenue for implementation";
(f) In the Explanation , in clause (4), in sub-clause (ii), the fifth proviso shall be omitted.
3.
41/2005-Customs,
dated, the 9
th
May, 2005.
[G.S.R 282 (E)
dated, the
9
th
May, 2005].
In the said notification,-
(a) for condition (2), the following condition shall be substituted, namely :-
"(2) that the items allowed for import shall be in accordance with paragraph 3.12.4 of the Foreign
Trade Policy";
(b) after condition (4), the following conditions shall be inserted, namely,-
"(5) that the foreign exchange counted towards fulfillment of export obligation (over and above the
average) under Export Promotion Capital Goods Scheme shall not be eligible for benefits under the
scheme;
(6) that the exports made by EOUs/BTPs who do not avail of direct tax benefits/exemption shall be
eligible provided the same is not covered under paragraph 3.8.2.2 of the Policy";
(c) after condition (6) as so inserted, the following new paragraph shall be inserted, namely : -
"2. The following categories of exports specified in paragraph 3.8.2.2 of the Foreign Trade Policy
shall not be taken into account for duty credit scrip entitlement under the scheme :-
a. (i) export of imported goods covered under Para
2.35 of Foreign Trade Policy;
(ii) exports through transshipment, meaning
thereby that exports originating in third country
but transshipped through India;
b. deemed exports;
c. exports made by Secial Economic Zone units; and
d. items, which are restricted or prohibited for export
under Schedule-2 of Export Policy in ITC (HS)."
4.
90/2006-Customs,
dated, the 1
st
September, 2006.,
[GSR 528 (E),
dated the 1
st
September, 2006].
In the said notification,
(a) after condition (6), the following conditions shall be inserted, namely, -
"(7) that the exports made by EOUs/EHTPs/BTPs who do not avail of direct tax benefits/exemption
shall be eligible, provided the same is not covered under paragraph 3.9.2.2 of the Policy;
(8) that the items allowed for import shall be in accordance with Paragraph 3.12.4 of the Foreign
Trade Policy ;
(9) that the foreign exchange counted towards fulfillment of export obligation (over and above the
average) under Export Promotion Capital Goods Scheme shall not be eligible for benefits under the
scheme".
(b) for paragraph 2, the following paragraph shall be substituted, namely :-
"2. The following categories of exports specified in Paragraph 3.9.2.2 of the Foreign Trade Policy
shall not be counted for calculation of export performance or for computation of entitlement under the
scheme :-
(a) (i) export of imported goods covered under Para
2.35 of Foreign Trade Policy;
(ii) exports through transshipment, meaning
thereby that exports originating in third country
but transshipped through India;
(b) export turnover of Special Economic Zone units or
supplies made to such units or Special Economic
Zone products exported through Domestic Tariff
Area units;
(c) deemed exports;
(d) service exports;
(e) diamonds and other precious, semi precious
stones;
(f) gold, silver, platinum and other precious metals in
any form, including plain and studded jewellery;
(g) ores and concentrates, of all types and in all
forms;
(h) cereals, of all types;
(i) sugar, of all types and in all forms;
(j) crude/petroleum oil and crude/petroleum based
products covered under ITC HS Codes 2709 to
2715, of all types and in all forms; and
(k) items, which are restricted or prohibited for export
under Schedule-2 of Export Policy in ITC (HS).
5.
91/2006-Customs,
dated, the 1st
September, 2006.
[G.S.R 529 (E)
dated the 1st
September, 2006].
In the said notification, -
(a) after condition (6), the following conditions shall be inserted, namely,-
"(7) that the exports made by EOUs/EHTPs/BTPs who do not avail of direct tax benefits/exemption
shall be eligible, provided the same is not covered under paragraph 3.10.2.2 of the Policy;
(8) that the items allowed for import shall be in accordance with Paragraph 3.12.4 of the Foreign
Trade Policy;
(9) that the foreign exchange counted towards fulfillment of export obligation (over and above the
average) under Export Promotion Capital Goods Scheme shall not be eligible for benefits under the
Scheme".
(b) for paragraph 2 the following paragraph shall be substituted, namely :-
"2. The following categories of exports specified in paragraph 3.10.2.2 of the Foreign Trade Policy
shall not be counted for calculation of export performance or for computation of entitlement under the
scheme :-
(a) (i) export of imported goods covered under Para
2.35 of Foreign Trade Policy;
(ii) exports through transshipment, meaning
thereby that exports originating in third country
but transshipped through India;
(b) export turnover of Special Economic Zone units or
supplies made to such units or Special Economic
Zone products exported through Domestic Tariff
Area units; and
(c) deemed exports.
[F.No.605/05/2007-DBK]
Jagmohan Singh
Under Secretary to the Government of India
Note :
The principal notification No.92/2004-Customs, dated the 10
th
September, 2004 was published in the Gazette of India, Part II,
Section 3, Sub-Section (i) Extraordinary vide GSR 605 (E), dated the 10
th
September, 2004, was subsequently amended by
Notification No. 46/2005-Customs, dated the 17
th
May, 2005 vide GSR 320(E) dated, the 17
th
May, 2005, 77/2005-
Customs, dated the 22
nd
August, 2005 vide GSR 538 (E) dated the 22
nd
August, 2005 and 97/2005-Customs, dated the 17
th
November, 2005 vide GSR 673(E) dated the 17
th
November, 2005, 43/2006-Customs dated 5
th
May, 2006 vide GSR
276(E) dated the 5
th
May, 2006, and 88/2006-Customs, dated the 31
st
August, 2006 vide GSR 519 (E) dated the 31
st
August, 2006. The principal notification No.97/2004-Customs, dated the 17
th
September, 2004 was published in the Gazette
of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 620 (E), dated the 17
th
September, 2004 was subsequently
amended by Notification No. 27/2005-Customs, dated the 2
nd
March, 2005 vide GSR 148(E) dated the 2
nd
March, 2005,
46/2005-Customs, dated the 17
th
May, 2005 vide GSR 320(E) dated, the 17
th
May, 2005, 77/2005-Customs, dated the 22
nd
August, 2005 vide GSR 538 (E) dated the 22
nd
August, 2005 and 97/2005-Customs, dated the 17
th
November, 2005
vide GSR 673(E) dated the 17
th
November, 2005, and 43/2006-Customs, dated, the 5
th
May, 2006 vide GSR 276 (E) dated
the 5
th
May, 2006. The principal notification No.41/2005-Customs, dated the 9
th
May, 2005 was published in the Gazette of
India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 282 (E), dated the 9
th
May, 2005 was subsequently amended
by Notification No. 77/2005-Customs, dated the 22
nd
August, 2005 vide GSR 538 (E) dated the 22
nd
August, 2005 and
97/2005-Customs, dated the 17
th
November, 2005 vide GSR 673(E) dated the 17
th
November, 2005, and 43/2006-
Customs, dated, the 5
th
May, 2006 vide GSR 276 (E) dated the 5
th
May, 2006. The principal notification No.90/2006-
Customs, dated the 1st September, 2006 was published in the Gazette of India, Part II, Section 3, Sub-Section (i)
Extraordinary vide GSR 528(E), dated the 1st September, 2006. The principal notification No.91/2006-Customs, dated the 1st
September, 2006 was published in the Gazette of India, Part II, Section 3, Sub-Section (i) Extraordinary vide GSR 529(E),
dated the 1st September, 2006.
