clearance -advance licence - requirements

FACILITY NOTICE NO. 79/ 2009

Compulsory=====1.The Bond shall be submitted in the prescribed format as per Board’s Circular No. 58/2004 dated 21.10.2004 and shall cover the duty ordinarily leviable on the goods but for the exemption and also interest @ 18% per annum thereon.

Waiver of BG :

(a) If the licence holder is availing BG exemption in terms of para 3.1 (d) of the Board’s Circular No. 58/2004 dated 21.10.2004, attached=========

i) he shall submit the proof of export performance or payment of duty, as the case may be, duly certified by the jurisdictional Superintendent of Central Excise in case he is registered with the Central Excise.

ii) Permanent Central Excise Registration Certificate duly certified by Jurisdictional Supdt. of Central Excise with Pan Card.
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3. The Bond / BG shall be filed for a minimum period of 3 years with an undertaking to keep the BG alive for the entire period of export obligation viz. 8 + 2 = 10 years etc. Further, all BG should contain an unconditional self renewal clause / undertaking from the Bank to keep the BG alive, till the bond for which the bank guarantee is being given is fully discharged by the Asstt. / Dy. Commissioner of Customs. There should be no over riding clause.

4. Further, the licence holder should give an affidavit that he has not defaulted on the export obligation in respect of any Advance licence / EPCG licence issued to him in the past and he has not been penalized under the provisions of the Customs Act, 1962, the Central Excise Act, 1944. The Foreign Exchange Management Act (FEMA), 1995 or the Foreign Trade (Development and Regulation) Act, 1992 during the previous three financial years.

BOND FORMAT

To,
The president of India, Acting Though The Asst/Dy. Commissioner of customs, JNPT, Nhava Sheva

Know all men by these presents that we, M/s. Trisha Impex 1, Marshall Apts, Ground Floor, Pan Gally, A.K. Marg, Mumbai – 400 036 Maharashtra –INDIA. Herein after referred to as the “Importer” (Which expression shall, unless excluded or repugnant to the context, include their successors hereby firmly bind ourselves unto the President of India represented by Asst./Dy. Commissioner of Customs), Mumbai to pay on demand and without demur Rs. 4,38,000/-. (Four lacs Thirty Eight thousand only ) with interest @18% p.a. from the date of clearance of goods till the date of payment of duty.

Whereas the Central Government has issued Notification No. as amended from time to time in exercise of power conferred under Section 25 (1) of the Customs Act 1962 granting exemption from Customs Duty under the terms & conditions provided under the said notification.

Wheras the Importers has produce before the Ass/Dy. Commissioner of Customs, Mumbai a Valid licence under the export promotion Capital Goods Scheme referred to in condition No. 1 of the said Notification.

And whereas the Asst/Dy. Commissioner of Customs, Mumbai as agreed to assess the imported goods described in the schedule below and covered by the Licence No. at concessional rate of duty under the above notification, the above bond is being executed by us binding by ourselves to fulfill the condition of the said notification.

NOW THE CONDITIONS OF THE ABOVE BOND ARE SUCH THAT:

1. We shall fulfill the export obligations as envisaged in condition No.2 of the above notification.

2. We shall furnish evidence to the satisfaction of the Asst/ Dy. Commissioner of Customs of fulfillment of export obligation within the time schedule prescribed in condition No.3 of the above notification failing which we shall pay customs duty as provided in said condition together with interest @ 18% p.a. from the date of clearance of the goods till the date of payment of duty.

3. We the Importer(s) shall not change the name and style under which we are the importer(s) are doing the business or change the location of the manufacturing premises except with written permission the Asst./Dy. Commissioner of Customs.

4. If Asst./Dy. Commissioner of Customs, Nhava Sheva is satisfied that the obligation and conditions under the bond are fulfilled, he may discharged and cancel this bond. Then, the above written bond shall be void and will be of no effect otherwise the same will be remain in full force and virtue.

A) The above bond is given as per the notification referred to above for the performance of an act in which the public are interested. The President of India through the Asst./Dy. Commissioner of Customs, Nhava Sheva in this behalf may recover the amount due under this bond in the manner led down in section 142(1) of the Customs Act, 1962. Without prejudice to any other mode of recovery.

B) In case of default we shall pay interest @18% p.a. on the amount of the duty saved

We further declare that we undertake to renew bond on our own till the above said bond for which bond is being fully discharged by Asst./Dy. Commissioner of Customs, Navi Mumbai.

Place :

Date :

(Director/ authorized Signatory)
(
Please mentioned complete name & Designation

Witness:1) Name and Address 2) Name and Address


AFFIDAVIT

We, registered under the provision of the India Companies Act having the Registered office mentioned above hereby solemnly affirm and declare that:

1) We have not defaulted on the export obligation in respect of any advance licence/EPCG Licence issued to us in the past.

2) We have not been penalized under the provision of Customs Act Central Excise Act, foreign Exchange Management Act (FEMA) or Foreign Trade (Development and Regulation) Act during previous three financial years.

The aforesaid paras are true and correct as per the records of the company.

Signature of Importer

Authorised Signatory
(Name & Designation)
 
 

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