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OBJECT |
| REGISTRATION OF PROJECT | |
| APPLICATION FOR REGISTRATION | |
| AMENDMENTS TO CONTRACT | |
| FINALIZATION | |
| CASH SECURITY AND BANK GUARANTEE | |
| IMPORTANT CASE LAWS | |
| OTHER REFERENCES | |
| LEGISLATIVE REFERENCES |
Machinery, appliances, instruments, apparatus etc. required for initial setting up of a unit or for substantial expansion of an existing unit of a specific category can be imported at a flat rate of duty. This will enable assessment of varieties of industrial goods falling under different chapters of Customs Tariff as if they fall under a single heading.
Only contracts which are registered with the Custom house of import will be eligible for assessment under Heading No.98.01. This registration must have been obtained before an order of clearance for home consumption is passed by a proper officer of customs. If goods imported for trade fairs, exhibitions, seminars etc, which are already cleared without payment of duty this registration may be done before the date of payment of duty.
The applicant has to apply for registration of contract at the
port of importation before the actual import. In case clearances have to be made
from a port other than the port of registration, the importer has to produce all
information from the customs house of registration, as may be sought by the
proper officer at the custom house of clearance of goods.![]()
The application for registration must specify the following particulars:
Original deed of contract and a true copy must be enclosed to the application. No form of application has been prescribed for this purpose. The reference to "original deed" implied that a formal contract must be entered into with the supplier and registration cannot be allowed based on a mercantile purchaser order.
If the application is in order, the contract and its
particulars will be entered in a register kept for this purpose . A number is
assigned in token of registration and will be communicated to the importer.
After this stage, original documents will be returned to the importer.![]()
If the registered contract undergoes amendment, separate
application has to be made for registration of amendments. Original deed and
licence must accompany an amendment application. These amendments are also
recorded in the register of project imports maintained at the custom house.![]()
Imports may be made in one or more consignments over a period
of time. Within three months of clearance of last consignment of the contract,
the importer has to submit a statement reconciling the details of imports with
the contract and submit documentary proof as to value and quantity.![]()
CASH SECURITY AND BANK GUARANTEE
Under Project Imports Regulation, 1986, the importer has to
deposit cash equal 2% value of goods as security deposit. Based on the
representations that in capital intensive industries, this will be quite huge
burden, it has been decided that wherever this deposit amount exceeds Rs.50
lakh, importer will be given the option of making cash deposit of Rs.50lakhs and
balance by way of issuing a bank guarantee, backed by an undertaking to renew it
until the finalisation of the contract. In all cases, where the cash deposit
requirement is below Rs.50 lakh, cash deposit alone will be accepted. In respect
of fertilizer projects liable to zero rate of duty, the Commissioners should
take only 0.5% cash security to a maximum of Rs.20 lakh.![]()
1999(112) ELT 753(SC)
1992(57) ELT 563(CAL)
1991 (51) ELT 65(T)
1998(103) ELT 583(T)
1998(104) ELT 652(T)
1997(94) ELT 433(sc)
1997(96) ELT 650(T)
1996(82) ELT 606(T)
1995(78) ELT 516(T)
1994(72) ELT 538(Ori.)
1995(79) ELT 545(Bom.)
1994(70) ELT 769(t)
1997(92) ELT 311(sc)
1997(102) ELT 219(t)
1996(85) ELT 379(t)
C.B.E & C Circular No. 44/98-Cus. Dated 26.6.1998
C.B.E & C Circular No. 89/95-Cus. Dated 9.8.1995
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