TaxTMI 
TaxTMI 
Seeks to amend Notifications 100/2009-Cus, 101/2009-Cus, 102/2009-Cus and 103/2009-Cus all dt.11-09-2009 and 104/2009-Cus dt.14-09-2009
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..../2009-Customs,dated the 11th September, 2009 [ Vide number G.S.R. 666 (E), dated the 11th September, 2009] 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 5^th 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 5^th 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)....
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....uld fulfil", the words, figures and letters "and for authorizations issued on or after the 5^th 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 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." 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" sha....
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....(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. 3. 102/2009-Customs,dated the 11th September, 2009 [ Vide number G.S.R. 668 (E), dated the 11th September, 2009] 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 th....
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....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. 4. 103/2009-Customs,dated the 11th September, 2009 [ Vide number G.S.R. 669 (E), dated the 11th September, 2009] 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....
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....orted 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 pe....