Target Plus Scheme Imports for 2005-06 Exports
Ntfn
73 In exercise of the powers
conferred
10.07.2006 by sub-section (1) of
section 25 of the
(DoR) Customs Act, 1962 (52 of
1962), the Central
Government, being satisfied
that it is necessary in the public interest so to do, hereby exempts,-
(i) the goods specified in para 3.7 of the
Foreign Trade Policy and in serial number 509 of notification number
21/2002-Customs dated 1.3.2002, in case they are imported by the status holders
of marine sector;
(ii) the goods specified in para 3.7 of the
Foreign Trade Policy in case they are imported by the status holders of other
sectors;
when imported into India against a
Duty Credit Certificate (hereinafter referred to as the said certificate)
issued under paragraph 3.7 of the Foreign Trade Policy) from,-
[Beginning portion substituted by 105/14.09.2009]
(a) the whole of the duty of
customs leviable thereon under the First Schedule to the Customs Tariff Act,
1975 (51 of 1975); and
(b) the whole of the additional
duty leviable thereon under section 3 of the said Customs Tariff Act,-
subject to the
following conditions, namely:-
(1) that the benefit under this
notification shall be available only in respect of duty credit certificate
issued under the said Scheme to a Star Export House on the basis of incremental
growth in FOB value of exports made during the financial year 2005-06 over the
exports made during the financial year 2004-05;
(2) that the said certificate has been issued to a
Star Export House by the Regional or licensing authority and it is produced
before the proper officer of customs at the time of clearance for debit of the
duties leviable on the goods, but for this exemption:
Provided that
exemption from duty shall not be admissible if there is insufficient credit in
the said certificate for debiting the duties leviable on the goods, but
for this exemption;
(3) that the said certificate and goods imported
against it shall not be transferred or sold:
Provided
that where the goods are imported by a merchant exporter having supporting
manufacturer(s) whose name and address is specified on the said certificate,
the said goods may be utilised by the said supporting manufacturer(s);
(4) that in respect of capital goods, office
equipment and professional equipment, a certificate from the jurisdictional
Deputy Commissioner of Central Excise or Assistant Commissioner of Central
Excise, as the case may be, is produced confirming installation and use
of goods in the importer’s factory or premises within six months from the
date of import or within such extended period as the Deputy Commissioner of
Customs or Assistant Commissioner of Customs may allow:
Provided that
in respect of units which are not registered with the central excise, the said
installation certificate may be issued by an independent Chartered
Engineer:
Provided
further that where the capital goods, office equipment and professional
equipment, are imported by a merchant exporter having supporting manufacturer(s),
the goods may be installed in the factory or premises of the said supporting
manufacturer(s);
(5) that the imports against the said certificate
are undertaken through sea ports at Mumbai, Sikkim, Kolkata, Cochin,
Magdalla, Kakinada, Kandla, Mangalore, Marmagoa, Chennai, Nhava Sheva,
Paradeep, Pipavav, Sikka, Tuticorin, Visakhapatnam, Dahej, Mundhra,
Nagapattinam, Okha, Bedi including Rozi-Jamnagar, Muldwarka, Porbander,
Dharamtar, Vadimar, Haldia (Halida Dock
Complex of Kolkata Port), Krishnapatnam, Ennore (Tamil Nadu), Karaikal (Union
Territory of Puducherry) and Kattupalli (Tamil Nadu) or through any of the airports
at Ahmedabad, Bangalore, Bhubaneswar, Mumbai, Kolkata, Coimbatore, Delhi,
Hyderabad, Jaipur, Chennai, Srinagar, Trivandrum, Varanasi, Nagpur, Cochin,
Rajasansi (Amritsar), Lucknow (Amausi), Indore, Dabolim (Goa)
and Visakhapatnam or through any
of the Inland Container Depots at Agra, Bangalore, Coimbatore, Delhi,
Faridabad, Gauhati, Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur, Ludhiana,
Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore), Surat, Tirupur, Varanasi,
Nasik, Rudrapur (Nainital), Dighi
(Pune), Vadodara, Daulatabad (Wanjarwadi and Maliwada), Waluj
(Aurangabad), Talegoan (District Pune), Dhannad Rau (District Indore), Kheda
(Pithampur, District Dhar), Patli (Gurgaon), Irugur Village (Tamil Nadu),
Thudiyalur (Tamil Nadu), Chettipalayam (Tamil Nadu), Veerapandi (Tamil Nadu),
Marripalem village in Taluk of Edlapadu, District Guntur, Tondiarpet
(TNPM), Chennai and Irungattukottai, SIPCOT Industrial Park, Kattrambakkam
Village, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu, Anaparthy (Andhra Pradesh), Salem, Malanpur,
Singanalur, Jodhpur, Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara,
Pondicherry, Garhi Harsaru, Bhatinda, Dappar (Dera Bassi), Chheharata
(Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur, Surajpur, Dadri,
Tuticorin, Kundli, Bhadohi, Raipur, Mandideep (District Raisen), Durgapur
(Export Promotion Industrial Park), Babarpur and Loni (District Ghaziabad) or
through the Land Customs Station at Ranaghat, Singhabad, Raxaul,
Jogbani, Nautanva (Sonauli), Petrapole, Mahadipur, Nepalganj Road, Dawki,
Agartala, Sutarkhandi, Amritsar Rail Cargo, Attari Road, Hilli, Ghojadanga and
Changrabandha or Special Economic Zones as specified in the notification issued
under section 76A of the said Customs Act;
[Amended by
63/04.05.2007; 116/30.11.2007; 63/08.05.2008; 19/24.02.2009; 123/10.11.2009;
93/14.09.2010; 40/19.05.2011; 37/24.05.2012; 40/14.06.2012; 50/10.09.2012;
04/14.02.2013; 20/03.04.2013]
(6) that where the importer does not claim
exemption from the additional duty of customs leviable under section 3 of the
said Customs Tariff Act, he shall be deemed not to have availed the exemption
from the said duty for the purpose of calculation of the said additional duty
of customs.
(7) that the importer shall be
entitled to avail of the drawback or CENVAT credit of additional duty leviable
under section 3 of the said Customs Tariff Act against the amount debited in
the said certificate.
2. The
following categories of exports shall not be counted for calculation of export
performance or for computation of entitlement under the scheme -
(i) export of imported goods covered under para
2.35 of the Foreign Trade Policy or exports made through transshipment;
(ii) export turnover of units operating under
SEZ/EOU/EHTP/STP/BTP Schemes or supplies made to such units or products
manufactured by them and exported through DTA units;
(iii) deemed exports (even when payments are
received in Free Foreign Exchange and payment is made from EEFC account);
(iv) service exports;
(v) diamonds and other precious, semi precious
stones;
(vi) exports of gold, silver, platinum and other
precious metals in any form, including plain and studded jewellery;
(vii) ores and concentrates, of all types and in all
forms;
(viii) cereals, of all types;
(ix) sugar, of all types and in all forms;
(x) crude/petroleum oil and crude/petroleum based
products covered under ITC HS Codes 2709 to 2715, of all types and in all
forms;
(xi) export performance made by one exporter on
behalf of another exporter.
Explanation, -
In this notification –
(i) “goods” means any inputs, capital
goods including spares, office equipment, professional equipment, office furniture,
and agricultural products listed in Chapters 1 to 24 of the First Schedule to
said Customs Tariff Act as may be notified by DGFT from time to time, which
are freely importable under the Foreign Trade Policy;
[The strikethrough wordings, that is, which
are freely importable…” omitted by 15/19.02.2009]
(ii) “capital goods” has the same meaning as
assigned to it in paragraph 9.12 of the Foreign Trade Policy;
(iii) “Foreign Trade Policy “ means the
Foreign Trade Policy 2004-2009 updated as on 31st March, 2005, published by the Government of India in
the Ministry of Commerce and Industry vide notification No.1/(RE-2005), dated
the 8th April, 2005 as amended from time to time;
(iv) “Regional or licensing authority”
means the Director General of Foreign Trade appointed under section 6 of the
Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer
authorised by him to grant a license or certificate under the said Act.