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Customs Notification, Circulars Anti Subsidy Notifications Tariff Cus Ntf No. 122/1993 Dated 14-5-1993
Cus Ntf No. 122/1993 date 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 satistied 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/E tating/Microwave/Under Counter/Proofing Cabins Gas Electric Microwave

    7. Deep Fat Fryers Gas Electric

    8. Cooking/Steaming/Frying/Broiling/Boiling Machi: Pressure Cooker/Pressureless/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. Icecream 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. Trollies (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 trollies

    35. Kitchen/Bulkware 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 Motorisec Valves for air-conditioning system

    6. Absorption Refrigeration Systems (Minibars)

    7. Facsimile Machines

    8. Time & Date Stamp Machines

    9. Electronic Time Card System

    10. Fsbco Systems/Restaurant Management Systems/ Management reporting system

    11. Computerised Electronic Vaults

    12. Stationery Imprinters

    13. Locks with Master Key System

    14. EPABX with minimum 200 lines and 400 telephones



(C) HOUSEKEEPING EQUIPMENTS







(D) LAUNDRY EQUIPMENT OTHER THAN HOUSEHOLD TYPE





(E) HEALTH CLUB/BEAUTY PARLOUR/BARBER SHOP





(F) PROFESSIONAL AUDIO VISUAL/VIDEO EQUIPMENT
(STUDIO QUALITY)





(G) MISCELLANEOUS (ENGINEERING)





(H) EQUIPMENT FOR RECREATIONAL FACILITIES





(I) ADVENTURE SPORTS EQUIPMENT ONLY FOR RESOR HOTELS





(J) EQUIPMENT FOR GOLF FACILITIES






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    1. Hand Dryers

    2. Vacuum Cleaners/Papoosing Machine

    3. Carpet Shampooing Machine/Drying Machines

    4. Deodorising 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 Motorised 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)
  1.  
      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 (Speader/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

      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. Sterilising Machines/Electrolysis Machines

      6. Exercising/Electric Ergocycles/Aerobic cycles/Computerised Treadmill (Power Jog Machine) /Jogomatic Motorised Treadmill

      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

      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. Lasor Beam Projection Equipments

      5. (i) High power amplifiers (Stereo and mono)
      (ii) Speakers
      (iii) Graphic Equaliser
      (iv) Decible Watcher

      6. Motorised Disco/Rotating Lights/Strobe/Ultravionlet

      7. Console for lighting music controls including dimmer and accesspries

      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

      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 magger & insulation testing kit

      17. Automatic Microprocessors Based Load Demand Controllers for Efficient Load Management

      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

      1. Beach Buggies/Snow Mobiles/Sand and Dune Bugg

      2. (i) Speedboats
      (ii) Catamarans
      (iii) Rafts of all kinds

      3. (i) Water Scooters
      (ii) Jet Skis

      4. Water sking and surfing equipment including surfboards,water skis-kneeboards

      5. Canoes and Kayaks

      6. Deep-sea fishing equipment

      7. Equipment for snorkelling 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

      1. Golf carts with accessories

      2. Golf course lawn mowers of all kinds.

  2. As amended by Notifications No. 108/94-Cus., dated 4-4-1994; No. 101/95-Cus 26-5-1995 and No. 108/95-Cus., dated 5-6-1995.
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