Amendment in Circular No.38/2016-Customs with the insertion of a new entry 5(d) to enable Pr.Commissioners/Commissioners of Customs to decide the amount of security required in certain cases of provis

Last updated: 18 August 2021

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This notification amends Circular No. 38/2016-Customs by adding a new provision, 5(d). This change reinstates the authority of Principal Commissioners/Commissioners of Customs to determine the appropriate security amount required in certain cases of provisional assessment. This amendment aims to rectify an earlier change that had unintentionally removed this flexibility, particularly impacting importers facing difficulties due to the COVID-19 pandemic.

Circular No. 19/2021-Customs F. No. 15021/10/2020-ICD-CBEC Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs North Block, New Delhi Dated 16thAugust, 2021 To, All Principal Chief Commissioners/Chief Commissioners of Customs All Principal Chief Commissioners/Chief Commissioners of Customs (Prey.) All Principal Chief Commissioners/Chief Commissioners of GST Customs All Principal Directors General/Directors General under C

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FAQ :

The amendment inserts a new entry 5(d) to allow Principal Commissioners/Commissioners of Customs to decide the amount of security required in certain cases of provisional assessment.

This amendment refers to Circular No. 38/2016-Customs, Circular No. 18/2020-Customs, and Circular No. 42/2020-Customs.

The amendment in September 2020 linked entry 5(c) to CAROTAR 2020, requiring 100% security and removing the discretion of Commissioners, which unintentionally negated flexibility previously granted during the COVID-19 pandemic.

It addresses situations where goods imported under Trade Agreements are cleared provisionally due to issues with the Certificate of Origin (CoO) during the COVID-19 pandemic.

Entry 5(d) enables Principal Commissioners/Commissioners of Customs to exercise their discretion in deciding the security amount for provisional assessments in specific circumstances.

Notification No : Circular No. 19/2021-Customs
Source : https://www.cbic.gov.in/resources//htdocs-cbec/customs/cs-circulars/cs-circulars-2021/Circular-No-19-2021.pdf

Attached File : 322600_10668_circular_no_19_2021.pdf

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