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TMI BlogProcedure for issuance of license for Public/Private Bonded Warehouse under Section 57 or 58 of the Customs Act, 1962 —m/r.X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed: A. Procedure regarding grant of license under Section 57/58 of Customs Act, 1962 to a Public/Private Bonded Warehouse: Application for Public/Private Bonded Warehouse shall be submitted as per Para 4.1/5.1 of Chapter 9 of Customs Manual. a) As per Section 57 of the Customs Act, 1962, at any warehousing station, the Assistant Commissioner of Customs or Deputy Commissioner of Customs, may appoint public warehouses wherein dutiable goods may be deposited. Other than CWC and SWCs, private operators can also be appointed as custodians of the Public Warehouses. In case of Private owned Public Warehouses there is a requirement of Cash deposit or Bank guarantee equal to 25% of the duty in respect of sensitive goods. All the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontrolled temperature conditions etc. Further, Section 59 of Customs Act, 1962 requires the importer to execute a warehousing bond binding himself for a sum equal to twice the amount of the duty assessed on such goods... c) The application will be scrutinized with regards its compliance to following conditions i) The applicant is financially sound and credible. The proprietor or partner or any of the Directors have not been involved in any Customs or Central Excise duty evasion cases or smuggling offences and have not been subject to penalty or other action under the Customs Law and similarly under the Central Excise Law. Where the applicant is involved in such cases (other than technical offences) license shall be denied even if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdictional Assistant/Deputy Commissioner of Customs. h) Once a license has been issued, the licensee need not approach Commissioner for approval of individual transaction unless there is a change in any of the applicable parameters. B. Procedure for seeking Discharge Permission for bulk liquid Cargo: The issue of Discharge permission for bulk liquid cargo comes in two scenario i.e. i) Discharge to storage tanks located at a place approved under Section 8 (a) of Customs Act, 1962. In this scenario, the procedures prescribed vide Para 3 and 4 of Standing Order No. 65/03 dated 05.09.2003, issued by Commissioner of Customs (Import) JNCH on the subject of assessment of bulk liquid cargo and release of the same from Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 09.05.2011 has clarified that unloading of liquid bulk cargo from the ship to the bonded storage tanks through pipe lines may be allowed under the provisions of Section 33 of Customs Act, 1962 subject to the conditions that the cargo is liquid bulk in nature; the premises where the goods would be received through pipe line should be a bonded warehouse under Section 57 or 58 of Customs Act, 1962; permission of the proper Officer is obtained for such unloading prior to discharge of such cargo and other requirements under the Customs Act are fulfilled. In case the bonded tanks are located outside the jurisdiction of the port Commissioner, permission may be granted by Port Commissioner subject to concurrence by Commissioner in whose juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holiday, it should be put-up on the next working day. C. Documents required for the issuance of license under Section 57/58 of the Customs Act, 1962:- The applications (in duplicate) for the grant of/renewal of public/private bonded warehouses shall be submitted well in advance (in the case of renewal, two months before the expiry of the validity) duly accompanied by all the required documents, as given below: a) Company incorporation Certificate/Certificate of registration. b) Partnership deed/Memorandum and Article of Association. c) Particulars of the Partners/Directors along with copies of their PAN cards. d) Company PAN Card. e) Affidavit to confirm that the Partners/Directors of the Company were not involved in an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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