Temporary Import for Contract Execution
Ntfn 27 In exercise of the powers conferred by
sub-section (1) of
01.03.02 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 of the description specified in column (1) of the Table annexed hereto,
from the payment of so much of the customs duty leviable thereon as is
specified in column (3) of the said Table, subject to the limitations and
conditions specified in column (2) thereof, namely:-
Table
Description of goods |
Limitations and conditions |
Extent of exemption |
(1) |
(2) |
(3) |
Machinery, equipment or tools,
falling under Chapters 84, 85, 90 or any other Chapter of the First Schedule
to the Customs Tariff Act, 1975 (51 of 1975). |
(1) the goods have been taken on
lease by the importer for use after import; (2) the importer makes a declaration
at the time of import that the goods are being imported temporarily for
execution of a contract; (3) the said goods are re-exported
within three months of the date of such import or within such extended period
not exceeding 18 months from the date of said import, as the Assistant
Commissioner of Customs or the Deputy Commissioner of Customs, as the case
may be, may allow; (4) where the Assistant Commissioner
of Customs or the Deputy Commissioner of Customs, as the case may be, grants
extension of the aforesaid period for re-export, the importer shall pay the
difference between the duty payable under the relevant clause in column (3)
and the duty already paid at the time of their import; and (5) the importer executes a bond,
with a bank guarantee, undertaking– (a) to re-export the said goods within
three months of the date of import or within the aforesaid extended period; (b) to produce the goods before the
Assistant Commissioner of Customs or the Deputy Commissioner of Customs for
identification before re-export; (c) to pay the balance of duty,
along with interest, at the rate fixed by notification issued under section 28AB
of the Customs Act, 1962, for the period starting from the date of import of
the said goods and ending with the date on which the duty is paid in full, if
the re-export does not take place within the stipulated period. |
in the case of,- (i) goods which are re-exported
within three months of the date of import, so much of the duty of customs as is
in excess of the amount calculated at the rate of five per cent.; (ii) goods which are re-exported
after three months, but within six months, of the date of import, so much of
the duty of customs as is in excess of the amount calculated at the rate of
fifteen per cent.; (iii) goods which are re-exported
after six months, but within nine months, of the date of import, so much of
the duty of customs as is in excess of the amount calculated at the rate of
twenty five per cent.; (iv) goods which are re-exported
after nine months, but within twelve months, of the date of import, so much
of the duty of customs as is in excess of the amount calculated at the rate
of thirty per cent.; (v) goods which are re-exported
after twelve months, but within fifteen months, of the date of import, so
much of the duty of customs as is in excess of the amount calculated at the
rate of thirty five per cent.; (vi) goods which are re-exported
after fifteen months, but within eighteen months, of the date of import, so
much of the duty of customs as is in excess of the amount calculated at the
rate of forty per cent., of the aggregate of the duties of customs, which
would be leviable under the Customs Act, 1962 or under any other law, read
with any notification for the time being in force in respect of the duty so
chargeable. |
Note: The goods imported under this
concession shall not be eligible for drawback under subsection (2) of section
74 of the Customs Act, 1962. [Table substituted by 27/01.03.2008] |