Exemption from Customs Duty and Sales Tax on Import of Non-aerated Beverage Making Machinery As Is N

EXEMPTION FROM CUSTOMS DUTY AND SALES TAX ON IMPORT OF NON-AERATED BEVERAGE MAKING MACHINERY AS IS NOT LOCALLY MANUFACTURED, IF IMPORTED FOR INITIAL INSTALLATION OR EXTENSION OF APPROVED PROJECTS Notification No. S.R.O. 466(I)/88, dated 26th June, 1988.--In exercise of the power conferred by section 19 of the Customs Act, 1969 (IV of 1969), and sub-section (1) and (2) of section 7 of the Sales Tax Act, 1951 (III of 1951), the Federal Government is pleased to direct that such non aerated beverage making machinery , falling within the sub-heading No.s. 8422.2010, 8435.1000 and 8438.8010 of the First Schedule to the Customs Act, 1969 (IV of 1969), as is not manufactured locally shall, if imported for initial installation or extension of the projects approved by the Government be exempt from the whole of the customs duties and the sales tax leviable thereon, subject to the following conditions, namely: 1. The plant and machinery shall be those as defined hereunder:- Machinery means:- Machinery operated by power of any description, such as is used in any industrial process for the manufacture of goods. apparatus and appliances, including metering and testing apparatus and appliances specially adapted for use in conjunction with machinery specified in item (i) above. Mechanical and electrical control and transmission gear adapted for use in item (i) above. Component parts of machinery as specified in items (i), (ii) and (iii) above, identifiable as for use in or with such machinery but excluding maintenance spares for current use. 2. The importer shall, at the time of importation, by documents in his possession, satisfy the Collector of Customs that the plant and machinery have been imported for projects approved by the government and shall furnish an indemnity bond in the form set out below to the extent of customs-duties and sales tax exempted under this notification. the said indemnity bond will be discharged subsequently on production of a certificate from the Assistant Collector, Customs and Central Excise the Secretary Kashmir Affairs Division, or an officer authorized by him in this behalf or the Resident Administrator for Northern Areas as the case my be , to the effect that the plant and machinery as declared to the Customs have been imported for an approved project for initial installation or extension of the existing nit and have been duly installed in the approved project and such other evidence as the Collector of Customs may requi4re and after such enquiry as he deem fit, in order to establish such installation; 3. The importer shall, at the time of importation of the plant and machinery, furnish a bond to the Collector of Customs to abide by the conditions laid down in this notification failing which he would pay the amount of customs duties and sales tax due and make payment of any penalties that me be imposed in this behalf; 4. the certificate of installation referred to in sub paragraph (2) shall be submitted to the Collector of Customs not later than one year from the date of importation of such plant and machinery. FORM [ See Conditions (2) ] (on appropriately stamped non-judicial paper) INDEMNITY BOND THIS DEED OR INDEMNITY is made on the ________day of 19________ BETWEEN Messrs_______________________having registered office at ________________________(hereinafter called "the importers" which means and includes their successors, administrators, executors and assignees) of the one part, AND the President of Pakistan through the Collector of Customs_____________(hereinafter called " Collector of Customs") of the other part; WHEREAS, in accordance with the Government of Pakistan's decision contained in this Notification No. S.R.O_______(I)/88, dated the ____________June, 1988 allowing release of the machinery mentioned in the annex appended hereto without recovery of so much of the customs duties and sales tax as are specified, and subject to the conditions mentioned, in the said Notifications; AND WHEREAS, the machinery imported shall be installed at__________and the importers shall produce a certificate from the Assistant Collector, Customs and Central Excise, Secretary Kashmir Affairs division, or an officer authorized by him in this behalf, or the Resident Administrator for Northern Areas, as the case may be, within one year from the date of importation of the machinery to the effect that the machinery as declared to the Customs have been imported for an approved project for initial installation or extension of the existing unit and has been duly installed in Pakistan at _____________and shall produce such other evidence as the Collector of Customs may, require in order to establish such installation. In case of failure to furnish such a certificate or evidence, the importers bind themselves to pay to the Collector of Customs the sum of Rs_____________(Rupees_______________) being the customs duties leviable on the machinery imported by the importers within fourteen days of receipt of the demand notice from the Collector of Customs; NOW THESE PRESENTS WITNESS. that in pursuance of this BOND, the importers___________hereby agree to indemnify the said Collector of Customs from loss of revenue to the extent of Rs_____________________(Rupees)________________ as aforesaid and also against costs and expenses which may be incurred by the Collector of Customs in recovery of the above amount of revenue; It is further agreed that the above amount may be recovered 22[under] section 202 of the Customs Act, 1969 if the importers fail to abide by any condition laid down in the above said Notification; THIS INDEMNITY BOND shall be cancelled as soon as the above said certificate is produced and the Collector of Customs is satisfied about the installation of the plant in the area as specified in the above said notification, IN WITNESS WHEREOF M/s.___________________ (Address) (Managing Director) (Name and Permanent Address) WITNESS 1._________________(Signature, name, designation and full address)____________________ 2._________________(Signature, name, designation and full address)____________________ Note:- The witnesses should be Government servants in BPS-16 or above, or an Oath Commissioner, Notary Public or an officer of a Scheduled Bank. 22. Substituted for the words'as arrears of land revenue under sub-section (2) of" by Notification No.516(I)/89, dated 3rd June, 1989, reported as PTCL 1989 St. 487(i)