EPCG - Exemption to Capital goods for Service Sector when imported against an EPCG Licence.

Document Text

Notification No. 122/93-Customs Dated 14-5-1993 Exemption to capital equipments and spare parts required for maintenance of such equipments imported under Export Promotion Capital Goods (EPCG) Scheme. 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 exempts capital equipments, and spare parts required for maintenance of such capital equipment not exceeding 10% of the C.I.F. value of the capital equipments actually imported, when imported into India by an importer undertaking an obligation to receive payments in freely convertible foreign currency for services rendered through the use of such capital equipment, equivalent to four times the C.I.F. value of the said capital equipments and spare parts over a period of five years, from so much of the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as is in excess of 15% ad valorem and whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act, subject to the following conditions, namely:- (i) the capital equipments and spare parts imported are covered by a valid licence issued on or before 30th April, 1995 under the Export Promotion Capital Goods (E.P.C.G.) Scheme for Service Sector in terms of the Export and Import Policy and the said licence is produced for debit at the time of clearance; (ii) the importer, at the time of clearance, produces before the [Assistant Commissioner of Customs or Deputy Commissioner of Customs], a certificate from the licensing authority for having executed a bond under paragraph 45 of the Export and Import Policy; and (iii) the importer at the time of clearance of the said capital equipments and spare parts makes a declaration before the Assistant Commissioner of Customs or Deputy Commissioner of Customs], in such form as the said [Assistant Commissioner of Customs or Deputy Commissioner of Customs] may specify, binding himself to pay on demand an amount equal to the duty leviable on such capital equipments and spare parts, but for the exemption contained herein, in respect of which the conditions of this notification have not been complied with. Explanation – in this notification, - (i) "capital equipment" means the equipment as may be specified in a Public Notice issued by the Director General of Foreign Trade in this behalf and required for rendering services for which payment is received in freely convertible foreign currency: Provided that against licences issued on or after 31st March, 1994 the 'capital equipments', in relation to an importer, being a hotel or a restaurant, means the equipments for use in the hotel or the restaurant specified in the Table annexed hereto; (ii) "Export and Import Policy" means Export and Import Policy, 1 April 1992 - 31 March 1997 published vide Public Notice of the Government of India in the Ministry of Commerce No. 1-ITC (PN) 92- 97, dated the 31st March, 1992, as amended from time to time; and (iii) "licensing authority" means Director General of Foreign Trade, appointed under Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or an officer authorised by him to grant a licence. TABLE LIST OF CAPITAL EQUIPMENTS FOR HOTELS AND RESTAURANTS (A) FOOD AND BEVERAGES EQUIPMENT (OTHER THA HOLD TYPE) 1. Cooking Range/Chinese Cooking Range Hot Pie Sets (with accessories) Gas Electric Oil Fired 2. Steam Kettles/Boiling Kettles; Pans; Tilting Frying] Gas Electric 3. Plate & Cup Lowerator / Warmers Chafing Dishes. 4. Food Regenerating Equipment. 5. Salamanders/Broilers/Grillers/Char Broiler Gas Electric 6. Ovens – Baking / Bakery / Pizza / Convection / Heating / Microwave / Under Counter / Proofing Cabins Gas Electric Microwave 7. Deep / Fat / Fryers / Gas / Electric 8. Cooking / Steaming / Frying / Broiling / Boiling Machine: Pressure Cooker / Pressure less / Pressure Steamers 9. Bain Manes/Food Pans Gas / Electric / Steam Heated 10. Refrigerated Display Counters / Racks / Shelves / Cases / Cabinets / Carts All types (with / without Rotatory Motor) Sandwich unit 11. Almond Crushing / Pastry Machines 12. Coffee Machines / Makers with Blenders / Grinders / Espresso 13. Chocolate Melting Machines - (a) Shaving Machine (b) Coating Machines (c) Holding Machines (d) Tempering Machines 14. Dough Mixing & Dividing Machines 15. Ice-cream Making Machine / Hardening Cabinet 16. Infra Red Food Warmer / Roll Warmer 17. Juice extractors/ Dispensers / Blenders / Mixers (Cream Air Chip) 18. Pancake/Waffle Iron Machines/Croissant Machine Pasta Machines 19. Sausage Machines 20. Trolleys (All types) 21. Egg Boilers 22. Machines for Slicing/ Cutting / Chopping / Mincing / Grinding and Buffalo Chopper 23. Can Openers (Mechanical) 24. Ice Cube/Crushing/Flaking machines/Dispensing Machine/Water & Ice Station 25. Prefabricated Walk-in cold rooms/Freezers with refrigeration equipment 26. Dispensers (hot/cold beverages) 27. Potato peelers/Choppers 28. Hot Plates (Electrical)/Coffee Warmer 29. Toasters (Electrical) Pop-up/Rotary/Slot pop Down/ Conveyor 30. Puree machines 31. Blast Freezers/Blast Chillers 32. Vacuum Packing Machine 33. Oil Filtering Machine 34. Glass/Dishwashing/Pot-washing Machine with trolleys 35. Kitchen/Bulk ware Wash-up Equipment 36. Vegetable Preparation & Washing Machines 37. Burnishing Machines 38. Smoker/Smoking Oven 39. Salad Dryer 40. Glass/Plate Dispenser 41. Waste Food Disposal Machine and Compactors (B) FRONT OFFICE EQUIPMENT 1. Wireless paging Systems 2. Elevators/Escalators 3. (a) Fire Fighting Equipment (b) Breathing Apparatus (c) Fogging Machine 4. (a) Smoke Detectors (b) Fire Sprinklers System (c) Gas leak detectors 5. Room Temperature Controllers and Motorized Valves for air- conditioning system 6. Absorption Refrigeration Systems (Mini-bars) 7. Facsimile Machines 8. Time & Date Stamp Machines 9. Electronic Time Card System Fsbco 10. Management reporting system Systems/Restaurant Management Systems/ 11. Computerized Electronic Vaults 12. Stationery Imprinters 13. Locks with Master Key System 14. EPABX with minimum 200 lines and 400 telephones (C) HOUSEKEEPING EQUIPMENTS 1. Hand Dryers 2. Vacuum Cleaners/Papoosing Machine 3. Carpet Shampooing Machine/Drying Machines 4. Deodorizing Carpet Cleaning Machine 5. File Lifters 6. Floor Polishing Machine/Scrubbing Machine 7. Underwater Lighting Equipment 8. Pool Cleaners (submerged/non-submerged) 9. (a) Beach Cleaning Machines (b) Automatic Lawn Mowers/Cutters (c) Lawn Cleaning Equipment 10. Cigar Humidor 11. Ultra High Pressure Washer with accessories for coil cleaning/Drain cleaning 12. Motorized Dust Pick-up Machines 13. (a) Drip Irrigation System (b) Green House Equipment 14 Pre-Fabricated Steam and Shower Cubicles 15 Shoe-shine Machine with Dispensers 16 Bath Tubs (Cast Iron/Acrylic/Porcelain) (D) LAUNDRY EQUIPMENT OTHER THAN HOUSEHOLD TYPE 1. Washing Machines 2. Dry Cleaning Machines 3. Portable Weighing Trolleys for Washing Machines 4. Steam Boilers 5. Folding Machines & Cross Folders for Bed Sheets (Spreader/Stacker) 6. Starch Cooker 7. Lint Separator 8. Washer Extractors 9. Laundry press. Multipurpose 10. Steam Finishing Boards 11. Marking Machines 12. Water Spray Gun 13. Vacuum Pump Unit 14. Spotting Board 15. Tumblers Dryer 16. Flat Work Iron 17. Steam Cabinet Unit 18. Upholstery Processing Machine 19. Puff Iron (E) HEALTH CLUB/BEAUTY PARLOUR/BARBER SHOP 1. Sauna Heaters (with Lava Stones) /Saunas 2. Hair Styling Chairs/Back Wash Chairs 3. (a) Electric Hair Dryers other than hand-held type (b) Electric Hair Clippers 4. Hair Steaming and Vapozone Machines, Back Washbasins, Fittings & Storage Cabinets 5. Sterilizing Machines/Electrolysis Machines 6. Exercising/Electric Ergo Treadmill (Power Jog Machine) /Jogomatic Motorized Treadmill cycles/Aerobic cycles/Computerized 7. Magnifying Glass Lamp equipment 8. High Frequency hair drying and setting equipment 9. Suction Machine (for blackhead removing) 10. Disincrustation Machine 11. Facial Massage Machine 12. Dennatron Equipment 13. Orbital Massagers 14. Abdominal Board 15. Steam bath 16. Electrical Hair Disposal Machine 17. Slender tone slimming equipment 18. MSA Oxygen Administrator complete with Cylinder and face mask 19. Multi Gym Machines 20. Bath tube for hydro-therapy 21. Habitat Units PROFESSIONAL (F) (STUDIO QUALITY) AUDIO VISUAL/VIDEO EQUIPMENT 1. (i) Cameras with accessories (ii) Video Mixers (iii) Monitors (iv) T.V. and Modulators (v) Converters (vi) Headphones 2. (i) Turn Table (ii) Amplifiers/Channel Tuner (iii) Cassette Players (iv) Loud Speakers 3. Compact Disc player. Carousel, Studio Projector 4. Laser Beam Projection Equipments 5. (i) High power amplifiers (Stereo and mono) (ii) Speakers (iii) Graphic Equalizer (iv) Decible Watcher 6. Motorized Disco/Rotating Lights/Strobe/Ultraviolet 7. Console accessories lighting music controls for including dimmer and 8. Smoke Machine 9. Lighting equipments/lights for creating different p special lighting effect, light fittings 10. Fibre optic based lighting projector 11. Automatic projection equipment screen, studio type modulator 12. Control equipments for sound light equipment (G) MISCELLANEOUS (ENGINEERING) 1. Diesel Generators above 1000 KVA 2. Reverse Osmosis Unit 3. Solar Energy System 4. Centrifugal Chillers 5. High Pressure Cleaners/Jets 6. Water Filters for drinking water 7. Centrifugal Heat Reclaim Machines 8. (a) Fan Coil Units and Air Handling Units (b) Air Curtains 9. Lithium Bromide equipment for heating/cooling 10. Natural Gas Power Generation Units 11. High Pressure Scrubbers for Anti-pollution Control 12. Heat Pumps or Air-conditioning Machines with Space Heating or Space Cooling applications of the Energy Saving type 13. Magnetic locking devices/sliding folding partition 14. Garbage Incinerator with heat recovery unit (steamer hot water) boiler 15. Bottle Crusher - Garbage pulping and pumping Facility 16. 6600 Vol./llOO Volts high tension mugger & insulation testing kit 17. Automatic Microprocessors Based Load Demand Controllers for Efficient Load Management (H) EQUIPMENT FOR RECREATIONAL FACILITIES 1. Bowling Alleys with accessories including electronic scoreboard 2. All weather domes for tennis courts including HVAC equipments 3. Prefabricated glass walled squash courts 4. Billiard and snooker tables with accessories 5. (i) Water slides (ii) Pneumatic chutes (iii) Roller coasters (iv) Carousels (I) ADVENTURE SPORTS EQUIPMENT ONLY FOR RESOR HOTELS 1. Beach Buggies/Snow Mobiles/Sand and Dune Bug 2. (i) Speedboats (ii) Catamarans (iii) Rafts of all kinds 3. (i) Water Scooters (ii) Jet Skis 4. Water skiing and surfing equipment including surfboards, water skis-kneeboards 5. Canoes and Kayaks 6. Deep-sea fishing equipment 7. Equipment for snorkeling and scuba diving 8. (i) Wing surfing equipment (ii) Hand gliding and para sailing equipment (iii) Boats for parasailing with windies 9. Sonar device for locating fish, depth finders 10. Underwater sports and diving equipment 11. Hot air balloons and ballooning equipment 12. Ice skiing equipment 13. High gear mountain bikes (J) EQUIPMENT FOR GOLF FACILITIES 1. Golf carts with accessories 2. Golf course lawn mowers of all kinds. Notification No. 122/93-Cus., dated 14-5-1993 as amended by Notifications No. 108/94-Cus., dated 4-4-1994; No. 101/95- 26-5- 1995 and No. 108/95-Cus., dated 5-6-1995.

HS Codes Referenced

Need the current duty rate?

Calculate the full duty cascade — BCD, SWS, IGST and trade remedies — for any HS code, free.