sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
« Latest Circulars »
 Notification No.05/2019 - Central Board Of Indirect Taxes And Customs
 RBI announces the New External Commercial Borrowings (ECB) Framework
 RBI-External Commercial Borrowings (ECB) Policy – New ECB Framework
 Notification No.02/2019 - Central Board Of Indirect Taxes And Customs
 Auction of Government of India Dated Securities January 14, 2019
 Auction for Sale (Issue/Re-issue) of Government Stock (GS) January 14, 2019
 RBI-Auction of State Government Securities Jan 11, 2019
  RBI-Interest Equalisation Scheme on Pre and Post Shipment Rupee Export Credit
 Notification No. 01/2019 - Customs Ministry Of Finance
 Exclusion of “SBM Bank (Mauritius) Ltd.” from the Second Schedule of the Reserve Bank of India Act, 1934
 RBI-Basel III Capital Regulations- Review of transitional arrangements

Regarding norms for Execution of Bank Guarantee in respect of Advance License/Export Promotion Capital Goods (EPCG) Schemes
December, 19th 2014

Circular No. 15/2014-Customs

 

F.No.605/144/2013-DBK

Government of India

Ministry of Finance, Department of Revenue

Central Board of Excise& Customs

Drawback Division

 

    New Delhi, dated the 18th December, 2014

 

To

All Chief Commissioners of Customs / Customs (Prev)/ Central Excise & Customs,

All Directors General of CBEC / Chief Commissioner (AR), CESTAT,

All Commissioners of Customs/Customs (Prev)/Customs & Central Excise/Commissioners (Appeals)

 

Ma’am/Sir,

Subject: Norms for Execution of Bank Guarantee in respect of Advance License/Export Promotion Capital Goods (EPCG) Schemes – reg.

           

Reference of field formations is drawn to Circular No. 58/2004-Cus dated 21.10.2004 on the above subject as amended by Circular Nos.17/2009-Cus, 32/2009-Cus, 6/2011-Cus and 8/2013-Cus.  

2.         Presently, the para 3.2 of the Circular No. 58/2004-Customs prescribes that the bank guarantee (BG) exemption specified in para 3.1 of the Circular shall be admissible subject to certain conditions. One of the conditions (amongst others) for the admissibility of the Nil or 15% or 25% BG is in para 3.2(c) of the Circular. It prescribes that the license holder should not have been penalized during the previous three financial years in certain types of cases booked against him under statutes specified therein. If this condition is not satisfied, i.e. the license holder has been penalized, the exemption (Nil or 15% or 25%) from BG becomes inadmissible and 100% BG becomes applicable to the relevant category of importer specified in para 3.1 of the Circular.

3.         It has been brought to notice of the Board that in the above situation the exemption from BG becomes inapplicable (i.e. trade facilitation gets affected) even if there is absence of risk to revenue. 

4.         In order to redress the above position, the Board has decided to add sub-para (d) below sub-para (c) in para 3.2 of Circular No. 58/2004-Customs (as amended) as follows -

“(d) Where the condition (c) above is not fulfilled, the jurisdictional Commissioner of Customs is satisfied, for reasons recorded in the file, that 100% BG is not justified on account of absence of risk to revenue.”

5.         These instructions may be brought to the notice of the trade/exporters by issuing suitable Trade/ Public Notice. Officers may be suitably guided through Standing Orders. Difficulties faced, if any, in implementation may be brought to the notice of the Board at an early date.

 

Yours faithfully,

 

 

(Sanjay Kumar)

Under Secretary (DBK)

Tele: 23341480

Home | About Us | Terms and Conditions | Contact Us
Copyright 2019 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Company Overview

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions