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Customs Circular NO. 72/2003 DATE 11/08/2003
Facility for permitting imports under DEPB Scheme at Customs bonded warehouses
through TRA procedure – regarding.
Kind attention is invited to DOR Circular No. 68/2000-Cus. dated 18.8.2000 in
terms of which the facility for permitting imports under DEPB Scheme through TRA
procedure was extended with certain conditions in respect of customs bonded
warehouses. However, in terms of Para 3 of the said Circular, such clearances
from Customs bonded warehouses were only permitted when the port of registration
of the DEPB scrip, the port of clearance (for which TRA was issued) and customs
bonded warehouse fell within the jurisdiction of the same Commissioner of
Customs.
2. Trade has represented that with the re-allocation of customs/central excise
work after creation of smaller Commissionerates, many of the customs bonded
warehouses fall within the jurisdiction of Commissioner of Central Excise and in
such cases the work of customs officers for the purpose of allowing clearance of
goods from customs bonded warehouse.
3. The issue has been examined in Board and in partial modification of DOR
Circular No. 68/2000-Cus. it is clarified that clearance of goods from bonded
warehouses shall also be allowed under DEPB Scheme where the bonded warehouse
falls under the jurisdiction of central excise commissionerate. In such cases
the custom house at the port of registration of the DEPB scrip shall issue TRA
as usual to the jurisdictional central excise commissionerate where the bonded
warehouse is located. For the purpose of permitting clearance of goods from such
bonded warehouses against TRA under DEPB Scheme, the jurisdictional central
excise officers shall function as customs officers. It shall be the
responsibility of the Customs/Central Excise Officer in-charge of the Customs
Bonded Warehouse to decide about importability of goods being cleared against
TRA in terms of Customs Act & other Acts & Rules, etc. as usual. Further, after
completion of clearance of goods from Customs Bonded Warehouse against TRA under
DEPB Scheme, details of clearances shall be conveyed to the concerned Custom
House (which has issued the TRA) to enable them to monitor utilization of the
TRA/DEPB License.
4. Suitable Standing Order and Public Notice for the guidance of staff and trade
may kindly be issued.
5. Receipt of the Circular may kindly be acknowledged.
Sd/-
(R.K. Talajia)
Officer on Special Duty (DBK)
[F. No. 605/87/2003-DBK]