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Execution of Bond and Bank Guarantee (BG) for the purpose of permitting clearance of imported goods under Advance License/EPCG Schemes; supersession to earlier Public Notice No. 84/2011 and Public Notice No. 81/2011- Reg

Customs - 140/2016 - Dated:- 25-10-2016 - OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-IV) JAWAHARLAL NEHRU CUSTOM HOUSE, SHEVA TAL-URAN, DIS-RAIGAD, MAHARASHTRA - 400707 File No.: S/26-Misc-392/2016-EPCG Date: 25/10/2016 PUBLIC NOTICE NO.: 140/2016 Sub.: Execution of Bond and Bank Guarantee (BG) for the purpose of permitting clearance of imported goods under Advance License/EPCG Schemes ; supersession to earlier Public Notice No. 84/2011 and Public Notice No. 81/2011- Reg… Board vide Circul .....

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ct, 1944, the Foreign Exchange Management Act(FEMA), 1999 or the Foreign Trade (Development ad Regulation) Act, 1992 and Finance Act,1994(Service Tax) during the previous three financial years. Board Circular No 58/2004-Cus., dated 21-10-2004 was amended by Circular Nos. 17/2009-Cus., 32/2009-Cus., 6/2011-Cus. and 8/2013-Cus and 15/2014-Cus. Para-3.1 of the Circular No. 58/2004-Cus as amended by Board Circular No 17/2009-Cus prescribes quantum of BG/ Cash security as under: Category of Importer .....

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minimum export of ₹ 1 crore or more during the preceding financial year. Nil (e) Manufacturer exporter / Service Provider registered with Central Excise or the Service Tax authorities, who has paid central excise duty/ Service Tax of ₹ 1 crore or more, as the case may be, during the preceding financial year. Nil (f) (1) Manufacturer exporters who are not covered under (a), (b),(c),(d) & (e) above. (2) Units in Agri Export Zones (AEZs), (3) Established Service Providers who have .....

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erned is invited to the Facility Notice No. 79/2009 dated 01/10/2009, Public Notice No. 81/2011, dated 16.05.2011 and Public Notice No 84/2011 dated 01.06.2011. Keeping in view the facts ascertained during monitoring of EPCG Licenses registered in this Customs House in terms of aforesaid Public Notices, it has been decided to revise the procedure being followed in respect of registration of licenses and execution of Bond and Bank Guarantee for the purpose of permitting clearance of imported good .....

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n an unconditional self renewal clause with an undertaking from the Bank to keep the Bank Guarantees alive, till the bond (for which the bank guarantee is being given) is fully discharged by the Assistant/ Dy. Commissioner of Customs. There should not be any overriding clause in regard to this requirement. 4. IF THE LICENCE HOLDER IS AVAILING BG EXEMPTION IN TERMS OF PARA 3.1 OF THE BOARDS CIRCULAR NO. 58/2004-Cus AS AMENDED BY CIRCULAR NO 17/2009-CUS. It has been provided in Para 3.2 (b) of sai .....

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is a registered member of an Export Promotion Council, he shall produce a certificate from the concerned Export Promotion Council. iii. In other cases the exporter shall produce a certificate duly authenticated by a practicing Chartered Accountant (who is registered with the Central Excise Department for payment of service tax), along with evidences of export to the satisfaction of the Assistant Commissioner or Deputy Commissioner. The Chartered Accountant issuing the certificate will mention h .....

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d with Central Excise: Permanent Central Excise Registration Certificate, duly certified by Jurisdictional Superintendent of Central Excise. Mere acknowledgment of Registration Certificate is not sufficient. They should submit any one of the following documents, duly certified by Superintendent of Central Excise of concerned Range:- (a) the proof of export performance i.e. they have exported goods during the current financial year or preceding financial year duly certified by the jurisdictional .....

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shall also submit Installation certificate pertaining to earlier imported or domestically procured capital goods, by the Manufacturer exporters, issued by Jurisdictional Superintendent of Central Excise certifying manufacturing activity; B. For Manufacturer exporters who are not registered with Central Excise: i. In cases where the exporter is not registered with the Central Excise, but he is a registered member of an Export Promotion Council, he shall produce a certificate of proof of export pe .....

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ommissioner or Deputy Commissioner. The Chartered Accountant issuing the certificate will mention his STC code and other registration details in the certificate and such certificates shall certify: the proof of export performance; during the current financial year and preceding financial year; and the proof of payment of CST or VAT or service tax, as the case may be, during the current financial year or preceding financial year. In addition to above, Manufacturer Exporter shall submit one of the .....

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