c

Instruction No. 27/2021-Customs

F. No. CBIC-50711/5/2021-INV-CUSTOMS
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs
(Investigation-Customs)
… … …

New Delhi, dated 3rd December, 2021

To

All the Principal Chief/Chief Commissioners of Customs,

All the Principal Chief/Chief Commissioners of Customs &GST,

The Principal Director General of Revenue Intelligence,

The Principal Commissioner, Directorate of Logistics.

Subject: Guidelines for the sale of seized/confiscated gold reg.-

Madam/Sir,

I am directed to refer to Para 11.2 of Chapter 11 of Disposal Manual 2019 read with Ministry’s letter F. No. 711/164/93-Cus (AS) dated 08.08.2005 and Circular No. 57/2016-Customs dated 01.12.2016 on disposal of seized/confiscated gold and Board’s letter vide F. No. 50711/5/2021-Inv-Customs, dated 22.09.2021. Para 11.2 of Disposal Manual 2019 that relates to disposal of standard/primary form of gold with assayed purity, inter-alia, prescribes that the sale of seized/confiscated gold (other than gold ornaments/jewellery) shall be routed through all public sector banks (approved by RBI to import and sell gold), MMTC Ltd. and STC Ltd. and related procedures for such sale.

2. With the approval of competent authority, it has now been decided that henceforth seized/confiscated gold will be sold (other than gold ornaments/jewellery/articles) to Reserve Bank of India (RBI) only. In this regard, Board has consulted RBI and Security Printing and Minting Corporation of India Limited (SPMCIL) and also signed a tripartite Memorandum of Understanding (MOU) with them. The MOU, inter alia, provides for roles and obligations of CBIC, RBI and SPMCIL regarding collection, transportation and standardization of seized/confiscated gold, delivery of standard gold bars and payment thereon. The text of MOU is given at Annexure-I.

3. Accordingly, the following guidelines are issued for disposal of seized/confiscated gold (other than gold ornaments/jewellery/ articles).

3.1. Henceforth,c For this purpose, SPMCIL has been engaged for collection, transportation, conversion into standard gold bars and delivery to RBI. The SPMCIL has facility to melt gold at India Government Mints (IG Mint) located at Hyderabad, Kolkata and Mumbai. Therefore, Hyderabad, West Bengal (P) and Mumbai (General) Customs Commissionerates have been designated as Focal Customs Commissionerates. Customs Commissionerates have been mapped to one of the three mints on the basis of their location (Annexure-II). IG Mints will be carrying out processes such as pre-melting, assaying and weighing in the presence of Customs Officer. For this purpose, the focal Customs Commissionerate shall nominate an officer not below the rank of Superintendent of Customs as indicated in the following table.

Focal  Commissionerate from where officer to be nominated IG Mint to which the nominated officer is attached
Hyderabad Hyderabad
West Bengal (Preventive) Kolkata
Mumbai (General) Mumbai

3.2. The process flow of disposal is given as under.

Step 1 Step 2 Step 3 Step 4 Step 5
Intimation to SPMCIL Collection of gold by SPMCIL Trans-portation of gold to India Government Mints Preliminary Assaying Melting/ minting Conversion into standard gold bars

Final Assaying

Delivery of Standard gold bars to RBI Payment by RBI
through crediting
into Government
Account

3.3. As soon as the seized/confiscated gold is ready for disposal, the Deputy/Assistant Commissioner of Customs in-charge of the disposal, shall intimate SPMCIL on the availability of gold for collection. The form of intimation is given at Annexure-III.

Guidelines for disposal of seizedconfiscated gold

3.4. Thereafter, SPMCIL will collect the gold from the Customs Commissionerates. The Customs Commissionerates shall take adequate precautions during handing over gold to SPMCIL for keeping the evidentiary value of the gold intact, including but not limited to ensuring presence of witnesses, videography of the process of handing over, accounting and obtaining acknowledgement in the form of ‘Note of Handing over Gold’ to SPMCIL (HOGS Note). The form of HOGS Note is given at Annexure-IV. The printed HOGS Note shall be prepared in quadruplicate; original copy shall be handed over to SPMCIL; duplicate copy shall be forwarded to the focal Commissionerate; triplicate copy shall be forwarded to Directorate of Logistics (DoL), New Delhi; Quadruplicate copy shall be kept by the Customs Commissionerate concerned. The HOGS note shall be prepared for each packet separately. The HOGS note shall have reference to the seizure to which the packet belongs.

3.5. SPMCIL will perform preliminary assay procedure at IG Mints in the presence of nominated officer of the focal Customs Commissionerate. SPMCIL will conduct preliminary X-Ray Fluorescence (XRF) analysis for each packet of gold separately HOGS Note wise. The preliminary XRF analysis will be recorded in CCTV camera. It shall carry out pre-melting, and sampling process which will also be recorded in CCTV camera. Upon completion of preliminary XRF analysis, SPMCIL will issue copies of XRF Assay Readings along with the weight slip to the nominated officer of the focal Customs Commissionerate. Based on the copy of the XRF Assay Readings along with the weight slip, issued by SPMCIL, the Deputy/Assistant Commissioner of the focal customs Commissionerate shall prepare a Preliminary Weight Note (PW Note) in the form given at Annexure-V in triplicate. The original copy, shall be sent to the respective field Commissionerate from where the gold was collected; the duplicate copy shall be forwarded to the DoL. Triplicate copy enclosing a copy of XRF Assay Readings along with the weight slip shall be retained by the focal Customs Commissionerate.

3.6. The gold collected from the Customs Commissionerates will be converted into standard gold bars (around 11-13 kg) at IG Mints. SPMCIL will communicate the quantity of gold converted into standard gold bars and the number of such standard gold bars to the nominated officer of the focal Customs Commissionerate through Out Turn Certificate. Based on such communication, the Deputy/Assistant Commissioner of the focal Customs Commissionerate shall prepare a Note on Final Weight (FW Note) in the form prescribed at Annexure-VI in duplicate. The original copy shall be sent to the Principal Commissioner, DoL. The duplicate copy along with the copy of the Out Turn Certificate shall be retained by the focal Customs Commissionerate.

3.7. The focal Customs Commissionerate shall maintain a register in the format prescribed in Annexure-VII for recording the receipt of HOGS Note, issuance of PW Note and FW Note.

3.8. It may be noted that: the SPMCIL will deliver the standard gold bars to the RBI at Issue Department, RBI, Fort, Mumbai preferably within one month of collection of seized/confiscated gold; the quantity of remnant gold, if any, after conversion into standard bars shall be kept by the SPMCIL and the same will be included in the next lot of gold collected and processed; the price of the fine gold to be purchased by RBI shall be determined based on the average LBMA rate of gold for the preceding 30 days from the date of receipt of gold by the RBI at Mumbai and the same shall be converted into INR (rounded off to the nearest INR) using the Financial Benchmarks India Private Limited (FBIL) USD: INR exchange rate of that day.

3.9. RBI shall, on its part, before making payment to CBIC, share the details of the final weight of the gold as mentioned in the delivery cum acknowledgement memo received from SPMCIL and price of the gold to the Principal Commissioner, DoL. The DoL shall acknowledge the receipt of delivery memo in the form given at Annexure-VIII.

3.10. The DoL shall maintain proper account of gold for which an appropriate physical/electronic ledger shall be devised. The ledger shall contain the details of HOGS Notes received from Customs Commissionerates, PW Notes and FW Notes received from focal Customs Commissionerates, Delivery Memo received from RBI and invoice received from SPMCIL. These details should clearly bring out the gold handed over by the Customs Commissionerates, the charges payable to SPMCIL, gold deposited with RBI, amount credited by RBI to CBIC, adjustment in weight required on account of melting and refining and balance quantity of gold carried over to the next cycle by SPMCIL. As mentioned supra, SPMCIL should complete the processes on the gold collected from the Customs Commissionerates within one month of such collection. The Principal Commissioner, DoL shall monitor this time limit. DoL shall also make the payment to SPMCIL upon receipt of the invoice from SPMCIL and delivery cum acknowledgement memo from RBI.

3.11. The Customs Commissionerates can treat the Seized/confiscated gold as disposed only when the following processes are completed, namely, –

i. Receipt of PW Note from focal Customs Commissionerate; and

ii. Necessary entries in their stock register (refer to Para 3.4.1 & Form 5 of Chapter 3 of Disposal Manual, 2019) are made accordingly.

4. These guidelines shall come into force from the date of issue. All the formations and officers concerned may be suitably sensitised about the above guidelines.

5. All the field formations shall also ensure that the seized/confiscated gold is disposed of, in the manner prescribed above, within three months of seizure.

6. Any difficulty that may arise during the course of implementation of these guidelines shall be brought to the notice of Board immediately for making suitable amendments.

7. This Instruction supersedes Board Ministry’s letter F. No. 711/164/93-Cus (AS) dated 08.08.2005 and Board’s Circular No. 57/2016-Customs dated 01.12.2016. Paragraph 11.2. of Chapter 11 of Disposal Manual,2019 stand modified to the extent described above.

Enclosure: Annexures I, II, III, IV, V, VI, VII & VIII

(Dr M.G. Thamizh Valavan)
Commissioner
(Investigation-Customs)

Copy to

1. The Chief General Manager, SPMCIL, New Delhi

2. The General Manager, Department of External Investments and Operations (DEIO), Central Office, Shahid Bhagat Singh Marg, Mumbai-400 001.

Annexure-I

(to Board’s Instruction No 27/21-Customs dated 03.12.2021)

Text of the Memorandum of Understanding on transport,
standardization, transfer and payment of gold
seized/confiscated by the formations of the Central Board of
Indirect Taxes and Customs

Memorandum of Understanding (MoU)

This Memorandum of Understanding (MoU) is made and executed at New Delhi on this……….. day of………. ,2021

BY AND BETWEEN

CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, Department of Revenue, Ministry of Finance, Govt. of India through its authorized official Shri………….., Commissioner (Investigation-Customs) having its office located at North Block, Central Secretariat, New Delhi-110001(hereinafter referred to as “CBIC” which terms or expression shall, unless excluded by or repugnant to the subject or context, mean and include its successor-in-office, administrators or permitted assignees) of the First Part;

AND

RESERVE BANK OF INDIA(RBI) through its authorized official Shri……………………… ,General Manager, Department of External Investments and Operations(DEIO), Central Office having its office at Shahid Bhagat Singh Marg, Mumbai-400001 (hereinafter referred to as “RBI” which term or expression shall, unless excluded by or repugnant to the subject or context, mean and include its legal representatives/partners, executors, heirs, successor-in-office, administrators or permitted assignees) of the Second Part;

AND

SECURITY PRINTING AND MINTING CORPORATION OF INDIA LIMITED through its authorized official Shri…………………………… , Chief General Manager (Technical), India Government Mint having its office at…………………….. Mumbai (hereinafter referred to as “SPMCIL” which term or expression shall, unless excluded by or repugnant to the subject or context, mean and include its legal representatives/partners, executors, heirs, successor-in-office, administrators or permitted assignees) of the Third Part.

CBIC, RBI and SPMCIL are individually referred to as “Party” and collectively as the “Parties”.

WHEREAS:

A. The CBIC deals with the tasks of formulation of policy concerning levy and collection of Customs, Central Excise duties, Central Goods & Services Tax and IGST, prevention of smuggling and administration of matters relating to Customs, Central Excise, Central Goods & Services Tax, IGST and Narcotics to the extent under CBIC’s purview; The Board is the administrative authority for its subordinate organizations, including Custom Houses, Central Excise and Central GST Commissionerates and the Central Revenues Control Laboratory;

B. The RBI is a statutory corporation, established on April 1, 1935, in accordance with the provisions of the Reserve Bank of India Act, 1934 to, inter alia, regulate the issue of Bank notes and keeping of reserves with a view to securing monetary stability in India and generally to operate the currency and credit system of the country to its advantage; to have a modern monetary policy framework to meet the challenge of an increasingly complex economy; to maintain price stability while keeping in mind the objective of growth;

C. The SPMCIL is a Miniratna Category-I company wholly owned by Ministry of Finance, Government of India, incorporated on 13th January, 2006, which is engaged in the manufacture/ production of Currency and Bank Notes, Security Paper, Non-Judicial Stamp Papers, Postal Stamps & Stationary, Travel Documents viz. Passport and Visa, Security certificates, Cheques, Bonds, Warrant, Special Certificates with security features, Security Inks, Circulation & Commemorative Coins, Medallions, Refining of Gold & Silver, and Assay of Precious Metals.

WHEREAS FURTHER:

D. The CBIC intends to sell to the RBI the seized/confiscated gold, which is in its lawful possession, in different forms, seized by its field formations including the Directorate General of Revenue Intelligence, in accordance with the provisions of applicable laws;

E. The RBI agrees to buy from CBIC gold that conforms to London Bullion Market Association (here in after referred to as ‘LBMA’) specifications / standards;

F. The SPMCIL agrees to undertake the transportation of such gold from the warehouses of the field formations of CBIC to SPMCIL Mints at Mumbai/Kolkata/Hyderabad for refining and minting the gold into Standard Gold Bar, for delivery to RBI;

G. In pursuance of the aforesaid, the Parties hereto wish to record under this Memorandum of Understanding (MoU), the terms of their mutual understanding in respect of collection and transportation of gold from the warehouses of the field formations of the CBIC, conversion of such gold into standard size with standard purity, issue of certification on fineness, weight of the gold; in conformity with LBMA specifications, transfer of gold to RBI and payments thereof.

NOW THEREFORE, THE PARTIES HERETO HEREBY MUTUALLY AGREE AS FOLLOWS:

ARTICLE-1

SCOPE OF THE MoU

1.1. Gold in various forms such as bullion, jewellery, ornament, seized/confiscated by the field formations of CBIC including the Directorate of Revenue Intelligence (hereinafter referred to as “DRI”) under the Customs Act, 1962 and other allied Acts, hitherto, was being sold to the Public Sector Banks and other Agencies.

1.2. The Government has decided that henceforth the gold seized/confiscated by the field formations of CBIC including DRI under applicable laws shall be sold to RBI. The CBIC is the lawful owner of the gold, which is proposed to be sold. Accordingly, the CBIC moved a proposal to that effect to RBI.

1.3. The RBI, agrees that:

i. it shall accept the gold from SPMCIL so confiscated by field formation of CBIC including DRI if that conforms to the LBMA specifications / standards as specified/determined by RBI with due certification for the same from SPMCIL;

ii. upon taking delivery of the gold in the presence of SPMCIL authorized representative, RBI shall verify whether the gold proposed to be sold is in conformity with the LBMA specifications as also according to the details given by SPMCIL and thereupon it shall pay the price of gold so purchased as per Article 3.1 (17) of this MoU by crediting the amount to the account of CBIC;

iii. in case if the gold is not in conformity with LBMA specifications, such gold will be returned to SPMCIL;

iv. RBI will be able to take delivery of the gold only at Issue Department, RBI, Fort, Mumbai; and

v. The frequency of such transfer of gold shall normally be once every quarter of a year.

1.4. SPMCIL agrees that it shall undertake the following activities, namely, –

i. collection of such seized/confiscated gold from the warehouses of the field formations of CBIC;

ii. transportation of the gold so collected to its mints located at Mumbai, Kolkata and Hyderabad;

iii. minting of the said gold and conversion into standard gold bars meeting LBMA specifications / standards as specified/ determined by RBI and provide due certification for the same to RBI;

iv. handing over such duly certified standard gold bars to the RBI at Issue Department, RBI, Fort, Mumbai;

v. SPMCIL shall incur the costs, whatsoever, that may be involved in this behalf and shall get it reimbursed at the rate specified at Article 3.1. (21).

1.5. CBIC agrees that it shall:

i. handover the gold available at the warehouses of its field formations to SPMCIL through designated logistics partner of SPMCIL for converting the same into standard gold bars;

ii. reimburse SPMCIL the cost of handling/ insured logistics at actual of gold till the receipt of Standard gold bars by RBI at Issue department, Fort, RBI, Mumbai and make payments to SPMCIL for the services specified above; and

iii. will convey the details of the account to which the proceeds of gold purchased by RBI shall be credited.

ARTICLE 2

DEFINITIONS

2.1. In this MoU, unless the context otherwise requires,

(1) “Assaying” means pre-melting and drawing deep sample to test the content of gold (fineness) in the material.

(2) “Designated officer” means:

a. Commissioner (Investigation-Customs) in the case of CBIC;

b. General Manager, DEIO, Reserve Bank of India, Mumbai, Central Office in the case of RBI; and

c. Chief General Manager, India Government Mint, Mumbai in the case of SPMCIL.

(3) “Field formations” means the Commissionerates of Customs and Commissionerates of Central Taxes and it includes the offices of the Principal Commissioner of Customs/Central Taxes or the Commissioner of Customs/Central Taxes, also known as Commissionerates, functioning under the CBIC;

(4) “Gold” means the gold seized and/or confiscated by the field formations of CBIC including DRI. It includes gold in all forms, namely, bullion, ornament, jewellery, gold in powder form, non­standard gold bars and gold pieces that are available for disposal;

(5) “Government” means the Government of India;

(6) “Standard Gold Bars” mean gold bars that conform to the specifications / standard prescribed by the London Bullion Markets Association (LBMA) i.e., each standard gold bar will weigh around 11-13 kg and will have a fineness of at least 995 parts per 1,000 fine gold;

(7) “transporter” means the transporter engaged by SPMCIL;

(8) “XRF analysis” means X-Ray Fluorescence Spectroscopy. This is non-destructive analytical method used to determine the chemical composition (percentage of gold) of the material;

(9) “Fire Assay” means the destructive analytical testing method to ascertain the content of gold and other elements in the material.

2.2. The terms not defined in this MoU but defined in the respective laws of the parties shall have the same meaning for the purposes of this MoU.

ARTICLE 3

OBLIGATIONS OF THE PARTIES

3.1 The parties agree to fulfill the following obligations, as applicable to each party:

(1) The gold shall be collected by the SPMCIL on receiving written communication from CBIC Field Formations;

(2) Adequate precautions shall be taken by the CBIC field formations and SPMCIL during collection of seized/confiscated gold from the field formations;

(3) SPMCIL shall be responsible for safe and secure transportation of the gold from the field formations to its refining centres at IG Mint Mumbai/Kolkata/Hyderabad;

(4) SPMCIL, after taking delivery of the gold from the warehouses of the field formations of CBIC, shall perform preliminary assay procedure at its premises at IG Mints Mumbai/Kolkata/Hyderabad; an officer nominated by CBIC will also be present at the premises of IG Mints, Mumbai/Kolkata/Hyderabad, at the time of pre-melting, assaying and weighing of the gold in whose presence these processes shall be performed and Assay (preliminary XRF) Certificate shall be issued; IG Mints shall conduct assaying for each packet of gold separately (packet-wise/region-wise) and entire process of melting, assaying and weighing shall be conducted in one shot.

(5) SPMCIL shall ensure that Preliminary XRF analysis will be recorded in CCTV camera against a suitable acknowledgement and it shall carry out the pre-melting and sampling process in presence of an authorized official of CBIC in SPMCIL premises which will also be recorded in CCTV camera;

(6) After the preliminary XRF analysis is complete, the authorized official of SPMCIL will provide the copies of the XRF Assay readings to the nominated officer of CBIC which will be indicative report of the XRF analysis. However, Fire Assay result showing gold content in fineness shall be final which will be shared with CBIC and RBI.

(7) In the event of any Gold being found counterfeit, the same will be returned to the concerned Commissioner of CBIC along with the Assay Certificate.

(8) In case of gold in the form of jewellery/ornaments studded with precious & semi -precious stones, such precious & semi -precious stones will be removed before melting and will be handed over to officer nominated by CBIC in a sealed tamper proof container which will be provided by CBIC; the number and weight of such stones and other items so handed over shall also be indicated; charges for removing stones, sealing wax and such other materials shall be extra; SPMCIL shall not be liable for any damage or loss that may be arise due to such removal;

(9) The weight of Gold acceptable by the IG mints for refining shall be the actual weight ascertained after melting and assaying.

(10) The losses incurred during the melting, assaying and refining shall be borne by the CBIC.

(11) Additional Charges shall be recovered by SPMCIL, if the gold tendered is found to be brittle or if it requires special treatment.

(12) All weighments on SPMCIL’s Balance shall be final and undisputed.

(13) Standard Gold Bar manufactured by the SPMCIL shall bear the weight, fineness, Mark and Serial Number.

(14) The gold collected from the warehouses of the field formations of CBIC shall be converted into standard bars at IG Mints (Mumbai/Kolkata/Hyderabad) and the quantity in terms of standard bars will be conveyed to the officer nominated by CBIC.

(15) The SPMCIL shall also communicate the quantity of gold in terms of standard bars, serial number, gross weight, fineness and fine weight of the consignment along with the details of authorized representative/s accompanying the gold and the details of the vehicle to the designated officer of the RBI.

(16) The SPMCIL shall then deliver the standard gold bars to the RBI at Issue Department, RBI, Fort, Mumbai preferably within one month of collection, which may be further extended on the basis of mutual agreement between the parties;

(17) The price of the fine gold to be purchased by RBI shall be determined based on the average LBMA rate of gold for the preceding 30 days from the date of receipt of gold by the RBI at Mumbai and the same shall be converted into INR (rounded off to the nearest INR) using the Financial Benchmarks India Private Limited (FBIL) USD: Rupee exchange rate of that day.

(18) The RBI shall not pay for any attendant costs other than what is mentioned at Article 3.2.(21) above.

(19) RBI shall, before making payment to CBIC, share the details of the fine final weight of the gold as mentioned in the delivery cum acknowledgement memo received from SPMCIL and price of the gold arrived at as per the terms provided in the MoU.

(20) SMPCIL shall normally raise the invoice, once every quarter of a year, for the transportation, conversion and any other incidental charges as may be incurred by SPMCIL, to the Principal Commissioner, Directorate of Logistics, New Delhi;

(21) The charges to be paid by CBIC to SPMCIL towards melting, refining, assaying and conversion to standard bars shall be as per mutually agreed rates.

(22) The Principal Commissioner, Directorate of Logistics, New Delhi, shall make the payment to SPMCIL upon receipt of the invoice and delivery cum acknowledgement memo from RBI;

(23) The quantity of gold that remains after conversion into standard bars shall be kept by the IG Mint till next cycle and shall be converted into standard bars along with the gold collected in the next cycle.

(24) The Principal Commissioner, Directorate of Logistics, New Delhi, shall maintain a ledger for accounting the gold transferred to SPMCIL and in turn to RBI, and the price of the gold credited to the Government Account.

3.2. The parties, may, if required, issue Standard Operating Procedure (SOP) for their respective subordinate offices, to clarify and facilitate implementation of this MoU.

ARTICLE 4

FORCE MAJEURE

4.1. That neither party shall be held responsible for non-fulfilment of their respective obligations under this MoU due to the exigency of one or more of the force majeure events such as acts of God such as War, Terrorist Attack, Flood, Earthquakes, Epidemics, Pandemics, Riots, etc. provided on the occurrence and cessation of any such event the party affected thereby shall give a notice in writing to the other party/parties within 07 days of such occurrence or cessation.

4.2. If the force majeure conditions continue beyond 1 (one) month, the Parties shall jointly decide about the future course of action.

ARTICLE 5

DISPUTE SETTLEMENT

5.1 In the event of a dispute, controversy or claim arising out of or relating to this MoU, or the breach or invalidity thereof, between CBIC and SPMCIL, the Parties concerned will make their best efforts to settle promptly such disputes through direct negotiation within sixty (60) days from the date either Party has notified the other Party.

5.2 In case disputes between CBIC and SPMCIL are not mutually settled between the disputing parties within the stipulated period of time, the aggrieved party/parties shall have a right to take recourse of Administrative Mechanism for Resolution of Disputes (AMRD) for resolution of disputes as per the procedure laid down and provisions mentioned in OM No. 334774/DoLA/AMRD/2019 dated 31.03.2020 issued by Department of Legal Affairs, Ministry of Law & Justice, Government of India.

5.3 Disputes involving RBI will be resolved through consultations.

ARTICLE 6

MISCELLANEOUS

6.1. This MoU shall be effective from the………………….. and shall remain valid for the period of five (5) years

6.2 This MoU along with annexure attached to it fully integrates the understanding between the parties.

6.3. This MoU may be amended, in writing, by the Parties at any point of time by mutually agreed terms and the amendments made, if any, upon consideration shall for part of this MoU.

Annexure-II

(to Board’s Instruction No 27/21-Customs dated 03.12.2021)

Mapping of Customs Commissionerates to Focal Customs Commissionerates and IG Mints

Name of the
IG Mint
Name of the
Focal Customs
Commissionerate
Commissionerates Mapped with
Focal Customs Commissionerate
Hyderabad Customs Commissionerate,
Hyderabad
All Customs Commissionerates under Customs Zones of Bengaluru, Chennai, and Tiruchirappalli (P);

All Customs Commissionerates under Customs & CGST Zones of Hyderabad, Thiruvananthapuram and Vishakhapatnam.

Kolkata Customs
(Preventive)
Commissionerate
West Bengal
All Customs Commissionerates under Customs Zones of Kolkata and Patna (P);

All Customs Commissionerates under Customs & CGST Zones of Bhubaneshwar and Guwahati (NER)

Mumbai Customs Commissionerate,
Mumbai (General)
All Customs Commissionerates under Customs Zones of Ahmedabad, Delhi, Delhi (P), Mumbai-I, Mumbai-II, Mumbai-III;

All Customs Commissionerates under Customs & CGST Zones of Bhopal, Meerut, Nagpur and Pune

Annexure-III

(to Board’s Instruction No 27/21-Customs dated 03.12.2021)

Form for Intimation of availability of Seized/Confiscated Gold

Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs (CBIC)
Office of the Principal Commissioner/Commissioner of Customs
……………………
……………………
……………………
……………………

F. No. ……………………….. dated……………….

To

The Chief General Manager,
Security Printing and Minting Corporation of India Limited
……………..
New Delhi

Madam/Sir,

Sub: Intimation of availability of Seized/Confiscated Gold-Reg

The undersigned is directed to draw your kind attention to the tripartite Memorandum of Understanding signed between CBIC, SPMCIL and Reserve Bank of India on………….

2. It is requested to collect the seized/confiscated gold available for disposal as indicated in the table below.

S.No . Description Number of pieces Quantity (in in grams up to three decimals) Remarks
1. Gold in Bullion
2. Gold in other forms

Yours sincerely,

(Name)
Deputy/Assistant Commissioner of Customs

Annexure-IV

(to Board’s Instruction No 27/21-Customs dated 03.12.2021)

Note on Handing over Seized/Confiscated Gold (HOGS Note)

Reference: Intimation Vide F. No………………… dated
ORIGINAL/DUPLICATE/TRIPLICATE/QUADRAPLICATE

1. Serial Number of HOGS Note : ####/YYYY (packet wise)

2. Reference No. of the seizure

3. Name of the Customs Commissionerate

4. Date :

5. Details of Seized/Confiscated gold handed over

S.No. Description Number of pieces Quantity (in grams upto three decimal places) Remarks, if any, about purity and certifying person
1. Gold in Bullion
2. Gold in other forms
Total Quantity

Handed over by

Signature:
(Name of the Customs officer)
Superintendent of Customs (Warehouse and Disposal)

Received by

Signature:
(Name of the Representative of SPMCIL)
Designation

Signature:
Name of the Witness-1:
Address

Signature:
Name of the Witness-2
Address

Acknowledgement

The Receipt of the above HOGS Note by the Directorate of Logistics/Focal Customs Commissionerate is acknowledged and the details were entered vide No. XXXX/ YYYY dated DD/MM/YYYY in the Gold Disposal Account Ledger/ Register for Focal Commissionerate.

Signature:
Date:

Superintendent,
Directorate of Logistics/Focal Customs Commissionerate

Annexure-V

(to Board’s Instruction No 27/21-Customs dated 03.12.2021)

Note on Preliminary Weight (PW Note)

Name of the Focal Commissionerate:

Name of the IG Mint                            :

Date                                                          :

S. No. of PW Note                                  : ####/YYYY

Details of Preliminary weight of gold received by SPMCIL

S.No. Details of HOGS note Details of XRF analysis readings given by SPMCIL Details of Weight Slip given by SPMCIL Purity Quantity of gold acknowledged by SPMCIL (in grams upto three decimal places) Remarks
1.
2.

Signature:
Deputy/Assistant Commissioner of Customs
…………………….. Focal Customs Commissionerate

Acknowledgement

(to be used by DoL/Customs Commissionerate)

The Receipt of the above PW Note by the Directorate of Logistics/Customs Commissionerate is acknowledged and the details were entered vide No. XXXX/YYYY dated DD/MM/YYYY in the Gold Disposal Account Ledger/ Valuables Disposal Register maintained by Directorate of Logistics/……… Customs Commissionerate.

Signature:
Date:

Superintendent,
Directorate of Logistics/

…… Customs Commissionerate

Annexure-VI

(to Board’s Instruction No 27/21-Customs dated 03.12.2021)

Note on Final Weight (FW Note)

1. Name of the Focal Commissionerate :

2. Name of the IG Mint :

3. S.No. of FW Note :             ####/YYYY

4. Date :

5. Details of reference document issued by SPMCIL [Out Turn Certificate (OTC)] :

6. Details of PW Notes that correspond to the lot mentioned in OTC :

7. Quantity of gold converted into standard gold bars (in grams up to three decimal places) :

8. Number of standard gold bars :

9. Adjustment on account of melting and refining (in grams up to three decimal places) :

10. Balance quantity available with SPMCIL (in grams up to three decimal places) :

11.Remarks, if any :

Signature:
Deputy/Assistant Commissioner of Customs
…………… Focal Customs Commissionerate

Acknowledgement

(to be used by DoL/Customs Commissionerate)

The Receipt of the above FW Note by the Directorate of Logistics/Customs Commissionerate is acknowledged and the details were entered vide No. XXXX/YYYY dated DD/MM/YYYY in the Gold Disposal Account Ledger/Valuables Disposal Register maintained by Directorate of Logistics/……… Customs Commissionerate.

Signature:
Date:

Superintendent,
Directorate of Logistics/
……. Customs Commissionerate

Annexure-VII

(to Board’s Instruction No 27/21-Customs dated 03.12.2021)

Register for Focal Commissionerate for entering details of Receipt of HOGS Note, issuance of PW and FW Notes

S.N
o
Document
(HOGS
Note/PW
Note/FW
Note)
Document Number Document date From/To
(Name of the
Commissionerate
/DoL)
Date of
Receipt/ Issue
Remarks

Annexure-VIII

(to Board’s Instruction No. 27/21-Customs dated 03.12.2021)

Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs (CBIC)
Office of the Principal Commissioner/Commissioner of Customs
……………………
……………………
……………………
……………………

F. No. ……………………… dated………………..

To

The General Manager,
Reserve Bank of India
………………..
New Delhi

Sir

Sub: Acknowledgement of Gold Delivery Memo-Reg

The receipt of the Gold Delivery memo No…. dated…… by the Directorate of Logistics is acknowledged. The entry thereof made in the Gold Disposal Account Ledger maintained by Directorate of Logistics is XXXX/YYYY dated DD/MM/YYYY.

Signature:
Date:

Superintendent, Directorate of Logistic

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