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TMI BlogGuidelines regarding Provisional Assessment under section 18 of the Customs Act, 1962X X X X Extracts X X X X X X X X Extracts X X X X ..... re three elements - namely, (a) deposit of 20% of the differential duty between provisional duty and duty to be finally assessed or re-assessed ; (b) execution of a bond; and (c) surety or security or both, as deemed fit. 2.1 Section 18 of the Customs Act, 1962 defines the cases where provisional assessment may be resorted, as under: - (1) Notwithstanding anything contained in this Act but without prejudice to the provisions of section 46 ,- (a) where the importer or exporter is unable to make self-assessment under sub-section (1) of section 17 and makes a request in writing to the proper officer for assessment; or (b) where the proper officer deems it necessary to subject any imported goods or export goods to any chemical or other test; or (c) where the importer or exporter has produced all the necessary documents and furnished full information but the proper officer deems it necessary to make further enquiry; or (d) where necessary documents have not been produced or information has not been furnished and the proper officer deems it necessary to make further enquiry, 2.2 Further, Section 18 goes on to state how a provisional assessment is to be ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d is regarding the amount of security since section 18 requires the same to be obtained as deemed fit by the proper officer. For the sake of uniformity of practice, transparency and predictability for the tax payer, the Board has decided that the following procedure and guidelines will be followed by all Customs stations while assessing goods provisionally: 2.8 Wherever, duty is to be assessed provisionally, the importer shall: (a) for the purposes of undertaking to pay on demand the deficiency, if any, between the duty as may be finally assessed and the duty provisionally assessed, execute a bond in the prescribed form (enclosed); and (b) furnish such security for the payment of the duty deficiency, as indicated in para 3 below. 2.9 The security to be obtained shall be in the form of a bank guarantee or a cash deposit, as convenient to the importer. 3. The following guidelines shall be followed while obtaining security where provisional assessment under section 18 of the Customs Act is being undertaken: Sl. No. Class of Importer Amount of Bank Guarantee or Cash deposit to be obtained as security of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... test or requirement of information or causing inquiries: (1) Where differential duty has been estimated. (2) Where, despite best efforts by the proper officer, differential duty cannot be computed 100% 0% Provided that the Principal Commissioner of Customs or the Commissioner of Customs may reduce the amount of security where there are good justifiable reasons to do so. N.A. 3.1 By way of a clarification, attention is also drawn to an earlier instruction of the Ministry contained in F.No. 511/7/77-Cus VI dated 09.01.1978, to the effect that the amount of security shall be determined on the basis of duty differential and not the CIF value of goods. 3.2 It is also clarified that provisional assessments under section 18 are to be carried out with respect to cases where the duty is in dispute. Cases relating to execution of a bond or undertaking specified as a condition to a notification or those requiring compliance of conditions under allied acts are not to be provisionally assessed under section 18 of the Customs Act . This position had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ards the indemnity hereby given or otherwise according to law. 1 strike out whatever is not applicable. NOW THE CONDITION of the above written bond is such that - (1) If the importer shall within _____days or within such extended period as the Proper Officer may allow, produce such documents and furnish such information as may be called for by the Proper Officer, and (2) If the importer pays to the President, the difference between the duty finally assessed and the duty provisionally assessed in respect of the imported goods and mentioned in the Schedule hereto annexed. Then the above written bond shall be void and of no effect; otherwise the same shall remain in full force and virtue. AND IT IS HEREBY AGREED AND DECLARED by the importer as follows:- 1 . This bond and cash deposit/bank guarantee are given under the orders of the Central Government for the performance of an act which is in public interest. 2. The President through the [Deputy Commissioner / Assistant Commissioner of Customs] or other officer may recover the said sum of Rs_____in the manner laid down in Section 142 of the Customs Act, 1962 without prejudice to any other mode of recovery. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EAS the Assistant Commissioner of Customs/Deputy Commissioner of Customs at the __________(place), (hereinafter called the proper officer ) has agreed to make provisional assessment of the goods imported by us, pending submission of further documents and/or furnishing information and/or completion of further enquiries and/or chemical test and/or other test and the Proper Officer has agreed to allow provisional assessment of the goods mentioned in the schedule hereto annexed upon the importer agreeing to furnish such bond as is herein contained; and NOW THE CONDITION of the above written bond is such that - (i) If the importer shall within ______days or within such extended period as the Proper Officer may allow, produce such documents and furnish such information as may be called for by the Proper Officer, and (2) If the importer pays to the President, the difference between the duty finally assessed and the duty provisionally assessed in respect of the imported goods and mentioned in the Schedule hereto annexed. Then the above written bond shall be void and of no effect; otherwise the same shall remain in full force and virtue. AND IT IS HEREBY AGREED AND DECLARE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or which payment well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and legal representatives firmly by these presents. Sealed with our seal(s) this____ day of___20___ WHEREAS the Assistant Commissioner of Customs/Deputy Commissioner of Customs at the _________ (place), (hereinafter called the proper officer') has agreed to make provisional assessment of the goods imported from time to time by us, pending submission of further documents and/or furnishing information and/or completion of further enquiries and/or chemical test and/or other test and the Proper Officer has agreed to allow provisional assessment of the goods mentioned in the schedule hereto annexed upon the importer agreeing to furnish such bond as is herein contained; and WHEREAS the importer has deposited with the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, at_______ (location), 1 a bank guarantee; OR 1 a cash deposit mentioned in the schedule hereunder for the due observance of and performance of the terms and undertakings on the part of the importer and for being applied in part or full towards the indemni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Date Value at which provisionally assessed Bond Value Balance of bond value Details of security deposit or bank guarantee whichever is applicable Balance of security deposit or bank guarantee value (whichever is applicable Remarks (attach bank guarantee/ cash deposit receipt in original) Signature/ date/name/ designation of officer making the entry (1) (2) (3) (4) (5) (6) (7) (8) (9) Continuity Bond (Without Bank Guarantee or Cash Deposit) (To be executed by the Importer of goods without bank guarantee/cash deposit under section 18 of the Customs Act, 1962 (52 of 1962) (Circular No.38 /2016-Customs dated 22/08/2016 issued from CBEC F.No. 465/01/2016 - cus V) KNOW ALL MEN BY THESE PRESENTS THAT We M/s ________________having our registered office located at______________________________ and holding Import-Export Code No._______ hereinafter called the Importer (which expression shall include its s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iod of_______and the payment by the importer of the difference between the duty finally assessed and the duty provisionally assessed in respect of the goods imported from time to time. IN WITNESS WHEREOF the importer has herein set and subscribed its hands and seals the day, month and year first above written. SIGNED AND DELIVERED by and on behalf of the importer at______ (place) in the presence of:- (Signature of Authorised Signatory and Corporate Seal) Witnesses: 1 . 2. Accepted for and on behalf of the President of India (Signature of the Proper Officer) Schedule to Continuity Bond (Without Bank Guarantee or Cash Deposit) (To be executed by the Importer of goods without bank guarantee/cash deposit under section 18 of the Customs Act, 1962 (52 of 1962) (Circular No. 38 /2016-Customs dated 22/08/2016 issued from CBEC F.No: 465/01/2016 - cus V) Bill of Entry Number Date Value at which provisionally assessed Bond Value Balance of bond value Remarks (if any) Signature / date / name / designation of officer making the entry ..... X X X X Extracts X X X X X X X X Extracts X X X X
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