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Seeks to further amend Notification No. 12/2012 Customs, dated 17th March, 2012
May, 08th 2015
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SUB-SECTION (i)]

                                       GOVERNMENT OF INDIA
                                        MINISTRY OF FINANCE
                                     (DEPARTMENT OF REVENUE)

                                                Notification
                                           No. 31/2015-Customs


                                                                               New Delhi, the 7th May, 2015

          G.S. R. (E).--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 makes the following further amendments in the notification of the Government of
India in the Ministry of Finance (Department of Revenue) No. 12/2012-Customs, dated the 17th March,
2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R.185 (E), dated the 17th March, 2012, namely:-

In the said notification,-

(a)    in the Table, after serial number 139A and the entries relating thereto, the following serial
number and the entries shall be inserted, namely :-


  "139B     2711 11 00,       Liquefied natural gas (LNG) and                 Nil          -        102";
            2711 21 00        natural gas (NG) when imported by
                              GAIL for supply to a generating
                              company as defined in clause (28) of
                              section 2 of the Electricity Act, 2003
                              (36 of 2003) to supply electrical energy
                              or to engage in the business of
                              supplying electrical energy, for
                              generation of electrical energy:

                              Provided that the exemption shall not
                              be available if such liquefied natural
                              gas (LNG) and natural gas (NG), is
                              used for generation of electrical energy
                              by captive generating plant as defined
                              in clause (8) of section 2 of the
                              Electricity Act, 2003 (36 of 2003).





(b)   after the Table, in the proviso, after clause (bc), the following clause shall be inserted, namely:-

"(ca) the goods specified against serial number 139B of the said Table on or after the 1st day of April 2017;
";


(c)      in the ANNEXURE, after condition number 101 and the entries relating thereto, the following
shall be inserted, namely:-
   "102          If,-

                (i) the importer furnishes a self-declaration at the time of import to the Assistant
                      Commissioner of Customs or Deputy Commissioner of Customs, as the case may
                      be, indicating the quantity of LNG being imported for supply as Regasified
                      Liquefied natural gas (RLNG) to generating companies as defined in clause (28)
                      of section 2 of Electricity Act 2003;
                (ii) the importer produces the invoice for sale of RLNG to the generating companies
                      before the Assistant Commissioner of Customs or Deputy Commissioner of
                      Customs, as the case may be, within a period of three months from the date of
                      import, or such extended period not exceeding a further period of six months as
                      the Commissioner of Customs may allow;
                (iii) the importer also produces utilisation certificates from the generating companies
                      to the effect that the RLNG has been utilised for generating and supplying
                      electrical energy by the said generating companies before the Assistant
                      Commissioner of Customs or Deputy Commissioner of Customs, as the case may
                      be, and such utilisation certificates shall be produced within a period of three
                      months from the date of import, or such extended period not exceeding a further
                      period of six months as the Commissioner of Customs may allow;
                (iv) GAIL furnishes a corporate guarantee backed by it's Board resolution , of an
                      amount equal to the difference between the Customs duty leviable on such goods
                      but for the exemption contained therein and the duty levied at the time of import,
                      to the Assistant Commissioner of Customs or Deputy Commissioner of Customs,
                      as the case may be;
                (v) the importer furnishes an undertaking to pay, on demand, in the event of his
                      failure to comply with any of the aforesaid conditions, an amount equal to the
                      difference between the Customs duty leviable on such goods but for the
                      exemption contained therein and the duty levied at the time of import, along with
                      the applicable interest thereon;
                (vi) the importer furnishes the invoices and utilisation certificates for a quantity
                      greater than the quantity indicated in self-declaration furnished under (i) above,
                      then the importer shall be allowed to adjust the duty paid on such additional
                      quantity in the subsequent imports for which duty is otherwise payable.".





                                                                              [F. No. 354/125/2014-TRU]



                                                                                            (Akshay Joshi)
                                                                Under Secretary to the Government of India

Note.- The principal notification No. 12/2012-Customs, dated the 17th March, 2012 was published in the
Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 185(E), dated the
17th March, 2012 and last amended by notification No. 28/2015-Customs, dated the 30th April, 2015,
published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R
338(E), dated the 30th April, 2015.

 
 
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