Acceptance of undertaking in lieu of a bond for customs clearance upto 30.04.2020



Quick Summary
This article details an extension to measures facilitating trade during the COVID-19 lockdown. Circular No. 17/2020 initially allowed undertakings in lieu of customs bonds until 30.04.2020. Due to ongoing challenges, this facility has been extended until 15.05.2020, with the proper bond submission now due by 30.05.2020. All other conditions from the original circular remain in effect.

Review of Circular No. 17/2020 dated 03.04.2020 namely, 'Measures to facilitate trade during the lockdown period- section 143AA of the Customs Act, 1962'- reg.

Many Circulars had been issued by Ministries for trade facilitation and as interim measures to help trade adapt. Many representations had been received and Board's Circular No. 17/2020 dated 03.04.2020 on 'Measures to facilitate trade during the lockdown period- section 143AA of the Customs Act, 1962' wherein relaxation was given to accept an undertaking in lieu of a bond required during customs clearance upto 30.04.2020, subject to conditions as underlined in the circular. The said circular was issued in the context of lockdown announced by the Government for the period 25.03.2020 to 14.04.2020 due to COVID-19 pandemic.

Considering that the entire country is facing unprecedented challenges due to the COVID 19 pandemic, and that the corporates are facing genuine hard-ships, it has now been decided to further extend the facility of accepting undertaking in lieu of bond for the period till 15.05.2020. Consequently, the date for submission of proper bond in lieu of which the undertaking is being temporarily accepted is extended till 30.05.2020. This relaxation will be reviewed by the Board at the end of the lockdown period.

Central Board of Indirect Taxes & Customs) vide Circular No. 21/2020-Customs dated 21.04.2020 states:

Kind attention is invited to Board's Circular No. 17/2020 dated 03.04.2020 on 'Measures tofacilitate trade during the lockdown period- section 143AA of the Customs Act, 1962' whereinrelaxation was given to accept an undertaking in lieu of a bond required during customs clearanceupto 30.04.2020, subject to conditions as underlined in the circular. The said circular was issued in thecontext of lockdown announced by the Government for the period 25.03.2020 to 14.04.2020 due toCOVID-19 pandemic. :

Customs Clearance: Undertaking Instead of Bond Extended

2. In the background of the recent announcement by the Government extending the lockdowntill 03.05.2020 and taking into consideration that it might take sometime after the end of the lockdownfor the situation to normalise, the Board has decided to further extend the facility of acceptingundertaking in lieu of bond for the period till 15.05.2020. Consequently, the date for submission ofproper bond in lieu of which the undertaking is being temporarily accepted is extended till30.05.2020. This relaxation will be reviewed by the Board at the end of the lockdown period.

3. Furthermore, in reference to para 3.3 (ii) of the circular, the undertaking in lieu of bond is tobe submitted by the registered email ID of the IEC holder or their authorised Customs Broker. Inaddition to this requirement, but not in substitution, customs zones may prescribe uploading of theundertaking on e-Sanchit.

 

4. With the exception of the above, all other conditions underlined in Circular No.17/2020 dated03.04.2020 stand as they are.

5. Suitable Trade Notice/ Standing Order may be issued to guide the trade and industry.Difficulty, if any, faced in implementation of this circular may be brought to the notice of Board immediately.

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DISCLAIMER: THE ARTICLE IS BASED ON THE RELEVANT PROVISIONS AND AS PER THE INFORMATION EXISTING AT THE TIME OF THE PREPARATION. IN NO EVENT I SHALL BE LIABLE FOR ANY DIRECT AND INDIRECT RESULT FROM THIS ARTICLE. THIS IS ONLY A KNOWLEDGE SHARING INITIATIVE.


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About the Author

ASSOCIATE PARTNER AT HELPINGHANDS PROFESSIONALS LLP

CS Deepak Seth is an Associate Member of Institute of Companies Secretaries of India having good experience in legal and secretarial matters. He is graduate from Delhi University and Post graduate from IGNOU University. He is also MBA in Finance and LLB Deree holder. He possesses professional experience of more than 3 ... Read more

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