2015 (2) TMI 1001

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....ne in question is imported by the appellant as a sub contractor and his name is not figuring in the contract entered by the M/s Essar Oil Ltd with the Government of India which is a requirement as per the condition No. 32 of the Notification. The appellant relies upon the Board s Circular No. 21/2013-Customs dated 16.5.2013 whereby it has been clarified that non mentioning of the name of sub-contractor in the agreement signed between the contractor and the Government of India cannot be a ground for denying the benefit of the exemption and that the exemption should be allowed based on the EC issued by the DG, Hydrocarbons. The contention is that in the certificate issued by the Hydrocarbons the name of the appellant is specifically mentioned....

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....this regard, notification No.28/2013-Customs, dated the 16th May, 2013 amending the Condition Nos.41, 43 and 44 of notification No.12/2012-Customs, dated 17-03-2012, may be referred to for details. 2.2 Whether it is necessary to furnish a re-export bond for goods imported under this exemption. 2.2.1 Notification No.12/2012-Customs, dated 17.03.2012 does not stipulate any condition for execution of re-export bond. The requirement under the notification is that of an undertaking only. Once the goods are used for the eligible project, the requirement of re-export is optional. In case of any un-authorised diversion, action could be initiated in terms of the conditions of the exemption notification. 2.2.2 It is, therefore, clarified that exec....

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....imported goods have been imported under a contract signed under the New Exploration Licensing Policy, and containing the name of such sub-contractor. 2.4.2 The condition (c)(i) in all the Sl. Nos. of the said notification requires that the importer should produce an EC, which should indicate that the goods have been imported under a contract entered between the Government and the contractor; and it should also contain the name of the sub-contractor. The requirement of containing the name of the subcontractor is in the EC issued by the DG Hydrocarbons and not in the original contract entered into by the contractor with the GOI. If the sub-contractor is required to enter into a contract with the GOI, then the condition viz an affidavit to th....