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 »
 RBI-Customer Service provided by agency banks
 RBI-Control measures for ATMs – Timeline for compliance
 RBI releases Draft Directions on requirement of Legal Entity Identifier Code for participation in non-derivative markets
 Liberalised Remittance Scheme – Harmonisation of Data and Definitions
  RBI - Auction of Government o India Dated Securities
  Investment by Foreign Portfolio Investors (FPI) in Debt - Review
 CPE Events 18th May - 23th June 2018
 Basel III Framework on Liquidity Standards - Liquidity Coverage Ratio (LCR), Liquidity Risk Monitoring Tools and LCR Disclosure Standards
  Prudential Norms for Classification, Valuation and Operation of Investment Portfolio by Banks – Spreading of MTM losses and creation of Investment Fluctuation Reserve (IFR)
 Change in name of “The Mahanagar Co-operative Bank Limited, Mumbai” to “GS Mahanagar Co-operative Bank Limited, Mumbai” in the Second Schedule to the Reserve Bank of India Act, 1934
 Section 23 of the Banking Regulation Act, 1949 – Branch Authorisation Policy – Left Wing Extremism affected districts – Revised List

Norms for Execution of Bank Guarantee - Customs Circular No. 06 /2011
January, 20th 2011

Circular No. 06 /2011-Customs

 

F.NO.609/119/2010-DBK

Department of Revenue

Government of India

Ministry of Finance

 

New Delhi, the 18th January, 2011

To,

 

 

All Chief Commissioners of Customs / Customs & Central Excise.

All Directors General of CBEC /CDR, CESTAT.

All Commissioners of Customs & Central Excise.

                                            

Sir/Madam,

 

 

Sub : Norms for Execution of  Bank Guarantee in respect of  Advance Authorization / Duty  Free Import Authorization (DFIA) / Export Promotion Capital Goods(EPCG)  Schemes reg.

 

  

            The undersigned is directed to invite  your  attention  to Circular No.58/2004-Cus. dt.21.10.2004 on the above subject  as amended by Circular Nos.17/2009-Cus. dt.25.5.2009 and 32/2009-Cus. dt.25.11.2009 and to state that references have been received with reference to para 3.2(c) of the Circular No. 58/2004-Cus. dt.21.10.2004.  Para 3.2(c ) of the said Circular, interalia, stipulates that exemption from Bank Guarantee contemplated  therein will not be available in case the licence holder has been penalized under the provisions of Customs Act,1962, the Central Excise Act,1944, the Foreign Exchange Management Act (FEMA),1999 or the Foreign Trade (Development and Regulation) Act,1992 during the previous three Financial years. 

 

2.         It has been informed that many a time requests are  received from  importers for exemption from Bank Guarantee on the ground that penalty imposed on them was on account of  offences which were technical in nature.  It has been suggested that exemption from Bank Guarantee may not be denied  in cases of technical offences.

 

3.         The issue has been examined.  It is noted that the Board  has recently relaxed the  criteria for  accreditation of importers under the  Accredited Clients Programme (ACP) vide circular No.29/2010-Cus. dt.20.8.2010. According to the said circular, the importer for availing the facility under ACP should  not have any  cases of Customs, Central Excise or Service Tax, as detailed below, booked against them, in the previous three financial years:

 

 (a)   Cases of duty evasion involving mis-declaration / mis-statement/collusion / willful suppression / fraudulent intent whether or not extended period for issue of Show Cause Notice (SCN)  has been invoked.

 (b)     Cases of mis-declaration and/or clandestine/unauthorized removal of excisable / import / export goods warranting confiscation of said goods.

(c)    Cases of mis-declaration / mis-statement / collusion / willful suppression / fraudulent intent aimed at availing CENVAT credit, rebate, refund, drawback, benefits under export promotion/reward schemes.

(d)   Cases wherein Customs/Excise duties and Service Tax has been collected but not deposited with the exchequer.

(e)  Cases of non-registration with the Department with intent to evade payment of duty / tax.

 

4.         It has been decided that the above criteria  may  be adopted and para 3.2( c) of Circular No. 58/2004-Cus. modified to this extent. Thus offences, other than those stipulated at para 3 above, would not result in denial of the benefit of Circular No.58/2004-Cus.  In order to verify whether the Authorization holder meets the above criteria, he may be asked  to furnish an affidavit stating whether any case(s) involving mis-declaration, suppression etc. as mentioned in para 3 above have been booked against him during  the previous three Financial years under the provisions of the Custom Act,1962,Central Excise Act,1944, the Foreign Exchange Management Act (FEMA), 1999,  the Foreign Trade (Development and Regulation) Act,1992 and the  Service Tax (Finance Act,1994).In case the  details reveal  violation(s) of the type mentioned above under the provisions  of  the  above mentioned Acts then  the benefit   of Circular No. 58/2004-Cus.will not be extended. The Commissioners shall ensure that some of the affidavits furnished are cross checked randomly with the  field formations for their veracity.

 

5.         These instructions may be brought to the notice of the trade / exporters by issuing suitable Trade / Public Notices.  Suitable Standing orders/instructions may be issued for the guidance of the assessing officers.  Difficulties faced, if any, in implementation of the Circular may please be brought to the notice of the Board at an early date.

 

                Receipt of this Circular may kindly be acknowledged.

                                                                                            

Yours faithfully, 

 

(M.V.V.SURYA NARAYANA)

OSD (DRAWBACK)

 

Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Multimedia Presentations Multimedia Solutions 3D Solutions Corporate Presentations Business Presentations Multimedia Presentation India M

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