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T6 EXCISE LAW TIMES [ Vol. 372
requirement of furnishing bond for some more time thereafter till the situation
normalizes, the said relaxation shall be available up to 30-4-2020. This relaxation
shall however be subject to review by the Board at the end of the lockdown
period i.e. 14-4-2020.
3.2 In the period up to 30-4-2020, Customs field formations may accept
request for submission of an undertaking from the importer/exporter in lieu of a
bond prescribed under the above-mentioned provisions. This relaxation will
apply to the following categories of the importers/exporters :
(a) Government/Public Sector Undertakings (Central/State/UT
Govts. or Administrations and their undertakings)
(b) Manufacturer/Actual User importer
(c) Authorised Economic Operators
(d) Status holder
(e) All importers availing warehouse facility in terms of section 59 of
the Customs Act, 1962
3.3 Each such relaxation, where requested, should comply with the
following conditions :
(i) The content of the undertaking should, to the extent possible, be
same as the content of the prescribed bond.
(ii) The undertaking should be duly signed by the IEC holder
concerned on their business letter head and submitted by the
registered email ID of the IEC holder or their authorised Customs
Broker.
(iii) The undertaking should include a commitment from the IEC
holder to submit the proper bond in prescribed format on
notarised stamp paper etc. on or before 7-5-2020.
(iv) The undertaking will not be treated as a substitute for security,
wherever mandated.
(v) The security, where required, shall be furnished in the nature and
manner as deemed fit by the proper officer. Board’s instructions
issued from time to time regarding such security in specific cases
should be kept in view in this regard.
(vi) In case of warehoused goods, any subsequent movement of goods
to another warehouse under section 67 of the Customs Act, 1962,
shall be allowed only to manufacturer/actual user importer or
AEO or Status holders. For requests related to change of
ownership after warehousing, the facility shall be considered only
in cases where the prospective buyer is either manufacturer/
actual user importer or AEO or Status holder.
4. Such relaxation from submitting a bond may also be considered on
case to case basis for any other importer and exporter who requests for the same,
with such additional safeguards over and above those listed in this Circular, as
deemed fit by the jurisdictional Commissioner to safeguard revenue and ensure
compliance of the statutory provisions.
EXCISE LAW TIMES 15th April 2020 108

