Page 92 - ELT_2nd_15th April 2020_Vol 372_Part
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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.

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