Target Plus Scheme Imports by Star Export House in
Foreign Trade Policy 2004-2005
Ntfn 32 In exercise of the powers conferred by
08.04.2005 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
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 2004-05 over the exports made during the financial year 2003-04;
(2) that the
said certificate has been issued to a Star Export House by the 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 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;
[Amending by
46/17.05.2005; 77/22.08.2005; 97/17.11.2005; 41/05.05.2006; 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. [Inserted by 97/17.11.2005]
(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 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) exports of rough, uncut and
semi-polished diamonds and other precious stones;
(vi) exports of gold, silver, platinum
and other precious metals in any form, including plain and studded jewellery;
(vii) Export performance made by
one exporter on behalf of another exporter.
3.
The Target Plus Scheme may be re-notified for subsequent years with such
modifications as are necessary.
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;
(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, published by the Government of India
in the Ministry of Commerce and Industry vide notification No.1/2004, dated the
31st August, 2004 as amended from time to time;
(iv) “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 under the said Act.