Circular
No. 16/2001-CUS Dated 9th March, 2001
Sub:-Guidelines for the sale of seized/confiscated gold, ripe for disposal –
Reg.
As
you are aware, the policy of sale of confiscated/seized gold, ripe for disposal,
had been under review for quite some time. After considering all aspects and
with the approval of the Finance Minister, the Government has decided to dis-continue
the retail sales of gold by different Custom Houses. Instead, as per the policy
decision taken by the Government, in future, seized/confiscated gold would be
disposed off by the Department through the State
Bank of India. To finalise the procedural aspects of disposal, a meeting was
held at Bombay with the Chairman and other senior officials of the State Bank on
23rd February, 2001 which was attended by Member (Customs),
Chief Commissioner of Customs and Commissioner of Customs (Preventive), Bombay,
for the Department. The various procedural formalities to be followed for
disposal-both by the Customs and the State Bank – were finalized and these
have since been approved by the Government. Broadly, for the sale of the gold
bullion, or other forms, the following procedure would be followed:
i) |
Customs
Department would route sale of confiscated etc. gold found ripe for
disposal through State bank of India (Bank) who will act essentially as
consignee agents. Such confiscated etc. gold considered ripe for disposal
would be delivered by the concerned Custom
House to the Bank at the various major center(s), Viz. Mumbai, New
Delhi, Calcutta, Chennai, Ahmedabad for sale in the open market. |
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ii) |
Such
gold would, as far as possible, be in an easily marketable form such as TT
bars, 1 Kg. bars, 500/100 gms. Bars etc. Crude gold/jewellery will be
converted by Customs Department to .999/.995 purity before delivery to the
bank for sale; |
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iii) |
The
Bank and the Customs Department would nominate Nodal Officers at the
various centers. To begin with, the Commissioners of Customs at various
centers would interact with
Mr. R.K. Garg, Deputy General Manager, Gold Banking Department,
Corporate Centre, Mumbai. The Bank would advise the Names, Designation,
Telephone Nos. etc. of the Nodal officers at the various centers in due
course; |
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iv) |
The
sale price of gold would be based on prevailing international prices/local
market prices, fineness and type of gold being sold. [The pricing of gold
would be worked out by the Bank taking due note of the
Methodology/guidelines as per enclosed Annexure I.] |
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v) |
The
Bank will decide at which center the gold is to be sold based on various
cost/other factors. The Bank will use its discretion/market knowledge to
get the benefit of “best” possible price to the Customs. However, as
gold prices can fluctuate substantially even during the course of a day
this factor has to be borne in mind. Customs Department will not have any
on-line system of exchange of information on fixation of prices the Bank
will exercise its discretion/judgement on (a) when to sell (b) at which
price for sell. |
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The
floor price for sale would however, be tentatively reserved at the
previous day’s closing Bullion Merchant Association Price at the
concerned center less 1% (one percent). The above arrangement would be
reviewed as and when necessary through mutual discussions; |
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vi) |
No
commission would be levied by the Bank on the Customs Department. However,
all out of pocket expenses incurred by the Bank
would be deductible from the sale proceeds. The methodology for
working this out will be advised to the Customs Department; |
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vii) |
The
Bank would arrange for payment of taxes such as Sales Tax, Octroi etc. out
of the sale proceeds of the gold and would submit copies thereof to the
concerned Commissioner of Customs alongwith the advise/challan for
remittance of sales proceeds. The sale proceeds will be deposited
immediately after sale of gold into the designated accounts to be advised
by the Commissioner of Customs. |
viii) |
The
concerned Custom House would provide copies of the Assaying Certificate
alongwith the physical delivery of gold. Customs would assume
responsibility for the fineness as certified in the Assaying Certificate.
In the event of any gold being found counterfeit the same will be returned
to the Commissioner of Customs concerned. The department would also ensure
that the gold is suitably packaged as per practice in the market. The Bank
would render necessary assistance to Customs Department. |
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ix) |
The
Bank would take physical delivery of the gold from the customs
warehouse/offices against a suitable acknowledgement. The control
systems/mechanisms for this purpose will be worked out by the Bank and
advised to Customs Department. |
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x) |
The
Bank would also explore scope for marketability of coins. The price of
such coins would be based on the actual gold content only. |
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2. |
Board
desires that all Custom Houses should take urgent steps for disposal of
the gold in their jurisdiction through State Bank of India as per the
above guidelines. |
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Encl:
As above. |
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ANNEXURE
I
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International
Gold Price based on going market |
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(A)
USD---------- |
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Add
CIP Premium (as applicable in the market depending upon the type of
bars, quantity etc. |
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(B)
USD---------- |
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Sub
Total |
(C) |
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Converted
at prevailing USD/INR exchange rate @ |
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(D)
Rs. |
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Add
Customs Duty as applicable |
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(E)
Rs. |
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Add
Local Taxes as applicable
(Sales Tax, Octroi, Turnover Tax etc.) at the center |
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(F)
Rs. |
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Sub
Total |
(G)
Rs. |
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Less
costs incurred by Bank |
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(H)
Rs. |
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Net
payable to Customs Department |
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(I)
Rs. |
i) |
The
above method will be applicable for London Good Delivery Gold Bars in the
form of TT Bars/1 kilo bars/500 gm. bars. |
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ii) |
Bars/coins
of other denomination which will have relatively lower marketability would
be priced lower. |
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iii) |
India
Government Mint (IGM) certified bars
of 0.995 purity will be priced at a fraction of 995/999 of the
international price and also taking into account the local market price of
such gold. |
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iv) |
While
every effort would be made to recover
the CIP premium from
the buyer the success thereof will depend on the market factors as some
buyers may not be willing to pay the
CIP premium as the
same cost has not been incurred. |
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v) |
The
above methodology would not apply for coins, broken pieces/jewellery etc.
even if they are of 0.999
fineness. |
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vi) |
The
above methodology would be applicable for bulk sales and not for retail
sales. |