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CIRCULAR NO. 49/2005-Cus.
29th November, 2005.

F.NO.607/08/2005-DBK
Government of India
Ministry of Finance
Department of Revenue

 Sub : Revised Norms for Execution of Bond and Bank Guarantee under Advance Licence and EPCG Schemes-reg.

Kind attention is invited to Circular No. 58/2004-Cus. dated 21.10.2004 vide which revised norms for execution of Bond/BG under Advance Licence and EPCG Schemes were notified for the various categories of importers. Subsequently, after announcement of the Annual Supplement to the Foreign Trade Policy 2004-09, vide Circular No. 30/2005-Cus. dated 12.7.2005, the quantum of Bank Guarantee in respect of other manufacturer exporters covered under Para 3.1 (f) of Circular No.58/2004-Cus. was reduced from 25% to 15% and units in Agri Export Zones (AEZs) were also made eligible for the said Bank Guarantee of 15%.  It was also clarified that the facility of 15% Bank Guarantee has also been extended to established service providers  who have free foreign exchange earnings of Rs.50 lakhs or more during the preceding financial year and have a clean track record.

2. In recent months it has been brought to the notice of the Ministry by the trade that the service providers operating in the port handling sector,  who are appointed as custodians by the jurisdictional Customs authorities, are required to import port handling equipments in bulk so as to develop the infrastructure.  And, if such service providers are not a star export house and if they  do not have any past foreign exchange earnings, at present  they are required to give 100% Bank Guarantee for importing capital goods under EPCG Scheme which increases the transaction cost.

3. On examination of their request in the Ministry, it has been decided that service providers in the port handling sector who are appointed as Custodians by the jurisdictional Customs/Central Excise authorities shall be eligible for 25% Bank Guarantee for importing capital goods under EPCG Scheme.  Circular No. 58/2004-Cus. dated 21.10.2004 stands modified to this effect.

4. A suitable Trade Notice and Standing Order may be issued for the guidance of the trade and staff.  Difficulties faced, if any, in implementation of the Circular may be brought to the notice of the Board at an early date.

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