[TO BE PUBLISHED IN PART II, SECTION 3, SUB -SECTION (i) OF THE GAZETTE
OF INDIA (EXTRAORDINARY)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
(CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS)
Notification No. 1/2018-Central Excise (N.T)
New Delhi, the 5
th December, 2018
G.S.R______In pursuance of rules 7, 19, 21 and 22 of the Central Excise Rules,
2017, the Board hereby notifies the General Bond (Surety/Security) to be executed
by Export Oriented Units/Electronic Hardware Technology Park/Software
Technology Park/ Bio-Technology Park units for provisional assessment of goods
to Central Excise duty , for export without payment of duty, for special procedure
for removal of semi-finished goods for certain purposes and for special procedure
for removal of excisable goods for carrying out certain processes, namely :-
“Form B – 17”
General Bond (with Surety/Security) to be executed by the Export Oriented Units /Units in the
Electronic Hardware Technology Park/Software Technology Park/ Bio-Technology Park.
1. We, ……………... having our registered office at........................hereinafter
referred to as the Obligors and……………..called the suret y(ies) (which
expression shall, unless repugnant to the context or meaning thereof, include
our heirs, successors, executors, administrators, liquidators, legal
representatives and assignees) hereby hold and firmly bind ourselves jointly
and severally unto the President of India, hereinafter referred to as the
Government in the sum of Rs................(Rupees………...………..only) for which
payment to be well and truly made, we, the obligors, bind ourselves by these
presents.
2. WHEREAS we the obligors have been granted by the Government an
industrial license for setting up a Export Oriented Undertaking for the
manufacture of goods and/or rendering of services for export out of India on
the terms and conditions stipulated in the L etter of Intent
No……..dated……….and we the obligors have duly accepted the said terms
and conditions.
3. AND WHEREAS we the obligors have been granted by competent
authority a GSTIN /Central Excise Registration no. --------- for the premises
at……………. as a unit wherein the dutiable goods, imported or procured
indigenously could be stored without payment of duty for manufacture of
goods or rendering of services as per provisions contained under relevant
Customs or Central Excise Notifications, Circulars, Rules and regulation as
well as Foreign Trade Policy which conditions we the obligors hereby accept.
4. AND WHEREAS we the obligors having been permitted by the Deputy or
Assistant Commissioner of Customs or Central Excise at………………..to
procure from time to time goods not exceeding the quantity listed in the
Annexure-I as may be required for manufacture of goods in his factory
annually in the manner specified without payment of whole of the duty.
5. AND WHEREAS the said Deputy or Assistant Commissioner of
Customs or Central Excise has permitted the obligor to clear duty free
imported goods from Ports/Airports/Inland Container Depots or Bonded
Warehouses, as the case may be, to the export oriented unit.
6. AND WHEREAS the Deputy or Assistant Commissioner of Customs or
Central Excise or such other delegated authority, as the case may be, under
Rule 19 of the Central Excise Rules, 2017 has permitted the obligors to
remove the said goods from the said unit without payment of duty and
dispatch the same by air, sea, rail or road for export to foreign countries
without payment of duty/tax and when required bona fide to do so, or other
EOUs/Warehouses subject to the prescribed conditions set out for the due
arrival of the said goods at the said EOUs/warehouse.
7. AND WHEREAS the Deputy or Assistant Commissioner of Customs or
Central Excise has permitted the obligor to remove the goods sourced
imported/domestically or goods partially manufactured or processed
therefrom to any other place in India without payment of duty subject to
such conditions and limitations as may be specified by him for the purpose
of repair, refining, processing, testing, job work or display and to be
returned to the unit thereafter.
8. AND WHEREAS the Deputy or Assistant Commissioner of Customs
or Central Excise has permitted provisional assessment of goods
manufactured by the above obligors from time to time which could not be
finalized for want of full information as regard to value or description or
quality or of the proof thereof or for the non-completion of the chemical or
other tests in respect thereof or otherwise, as per the provisions contained
in the Central Excise Rules, 2017 as per request of the obligor.
9. AND WHEREAS the Commissioner of Customs or Central Excise or
such other delegated authority, as the case may be, has required the
obligor to deposit as security for the amount of this bond, the sum of
Rs…………(Rupees………………….) in cash (the securities as hereinafter
mentioned of a total value of
Rs…………………(Rupees………………………….) endorsed in favour of the
President of India and accepted for and on behalf of the President of India
by the Commissioner, Deputy Commissioner, Assistant Commissioner,
Superintendent of Customs or Central Excise, namely………..) and
whereas the obligor has furnished such guarantee by depositing the
cash/securities as afore mentioned.
NOW THE CONDITIONS OF THE ABOVE WRITTEN BOND ARE THAT
1. We, the obligors shall observe all the provisions of the Customs Act,
1962, Central Excise Act, 1944 and the rules and regulations made
thereunder in respect of the said goods.
2. We, the obligors shall, pay on or before a date specified in a notice of
demand all duties, and rent and charges claimable on account of the
said goods under the Customs Act, 1962, Central Excise Act, 1944 and
rules/regulations made thereunder together with interest on the same
from the date so specified at the rate applicable.
3. We, the obligors shall discharge all duties, penalties and interest
imposed for violation of the provisions of the Customs Act, 1962,
Central Excise Act, 1944, rules and regulations in respect of the said
goods not proved to the satisfaction of said officer to have been installed
or used in connection with production or packaging of goods for export
out of India or cleared for home consumption within the period of
validity of Letter of Permission (LOP) and also pay interest at a rate
applicable from the date of duty free import or procurement of the said
goods till the date of payment of such duty.
4. We, the obligors shall, furnish to the jurisdictional Deputy or Assistant
Commissioner of Customs or Central Excise evidence to his
satisfaction that the said goods have duly arrived at the unit.
5. We, the obligors, shall be wholly and solely responsible for ensuring that
there shall be no pilferage during transit of the said goods when
dispatched from the place of import, the factory of manufacture, or from
the warehouse to the unit and, vice versa, and we, the obligors, shall pay
the duty on pilfered goods, if any.
6. We, the obligors, shall observe and comply with all the conditions as may
be imposed by the proper officer, Deputy or Assistant Commissioner of
Customs or Central Excise or such other delegated authority, as the case
may be, for carrying out the purpose of manufacture/ production or
rendering of services.
7. We the obligors shall maintain detailed accounts of all imported and
indigenous goods used in the manufacturing processes and operations in
proper form/ digital form, as prescribed, including of those remaining in
stock and those sent outside under our obligation, and shall produce
such accounts for inspection of the proper officer, Deputy or Assistant
Commissioner of Customs or Central Excise or such other delegated
authority, as the case may be, when directed by him.
8. We, the obligors, shall fulfill the export obligation and conditions
stipulated in Customs or Central Excise Notifications, under which the
specified goods have been imported/procur ed, as well as the Foreign
Trade Policy and to pay on demand an amount equal to the Customs and
Central Excise Duties leviable on the goods as are not proved to the
satisfaction of Deputy or Assistant Commissioner of Customs or Central
Excise to have been used in the manufacture of articles for export and
any penalty imposed under Customs Act, 1962 or Central Excise Act,
1944 and rules or regulations made thereunder, as the case may be.
9. We, the obligors, shall discharge all dues whether Central Excise duty or
the lawful charge which shall be demandable on the goods obtained by
us without payment of duty from the domestic tariff area and
transported from the place of procurement to our premises for use and
shall also pay after final assessment by the proper officer or Deputy or
Assistant Commissioner of Customs or Central Excise or such other
delegated authority, as the case may be, which were assessed on
provisional basis under Rule 7 of the Central Excise Rules, 2017 all
dues within 10 days of the date of demand thereof being made in writing
by such officers.
10. We, the obligors, shall if the articles so manufactured are allowed to be
sold/supplied in India in such quantity and subject to such other
limitations and conditions as may be specified in this behalf by the
Director General of Foreign Trade, pay duty of Excise leviable on such
articles under section 3 of the Central Excise Act, 1944 or duties of
Customs availed as exemption on inputs used in such goods as per
provisions of Custom Notifications.
11. We, the obligors shall pay the duty of Customs & Central Excise
leviable on the raw materials, component parts used in the
manufacture of such articles as are not allowed to be sold in India in
accordance with the provisions of the said Foreign Trade Policy.
12. We, the obligors, shall comply with the conditions and li mitations
stipulated in the said Foreign Trade Policy or the Deputy or Assistant
Commissioner of Customs or Central Excise permitting the goods
imported into India or procured indigenously for the purpose aforesaid or
the articles manufactured or package therefrom to be taken outside the
undertaking temporarily, without payment of duty, for testing, repair, re-
conditioning, processing or display etc.
13. We, the obligors, shall not change the name and style under which we,
the obligors, are doing business or ch ange the location of the
manufacturing premises except with the written permission of the
Deputy or Assistant Commissioner of Customs or Central Excise at -----
If each and every one of the above conditions is duly complied with by
us, the obligors, the above written bond shall be void and of no effect
otherwise the same shall remain in full force and effect and virtue.
It is hereby declared by us, the obligors and the Government as follows:-
(1) The above written bond shall continue in force notwithstanding
the transfer of the goods to any other person or removal of the
said goods from one unit to another unit.
(2) The above written bond is given for the performance of an act in
which the public are interested.
(3) The Government through the Commissioner of Customs or
Central Excise or any other officer of Customs or Central Excise
shall recover the sums due from the obligors in the manner laid
down in sub-section (1) of section 142 of the Customs Act, 1962
or sub-section (1) of section 11A of the Central Excise Act, 1944:
PROVIDED always that the liability of the surety hereunder shall not be
impaired or discharged by reason of any time being granted or any forbearance,
act or omission of the Government (whether with or without the knowledge or
the consent of the surety) in respect of or in relation to the obligation and
conditions to be performed or discharged by the obligor(s) nor shall it be
necessary to sue the obligor(s) before suing the surety for amounts hereunder
AND the President of India shall, at his option, be competent to make
good all the loss and damages from the amount of the security deposit or by
endorsing his rights under the above written bond or both;
I/We further declare; that this bond is given under the orders of the
Central Government in the performance of an act in which the public are
interested;
In these presents the words imposing singular only shall also include the
plural and vice versa where the context so requires;
IN WITNESS THEREOF these presents have been signed this
day………………. of……………….. 20………………….. hereinbefore written by the
obligor(s) and the surety(ies).
Place:
Date:
Signature of Obligor(s)
Name & Residential address
Witness (1) Address (1) Occupations (1)
(2) Address (2) Occupations (2)
Signature of Surety(s)
Name & Residential address
Witness (1) Address (1) Occupations (1)
(2) Address (2) Occupations (2)
Signature and date
Name------------------
Designation---------------
ACCEPTED for and on behalf of the President of India on ………..day of
…………..20……..
Signature and date
Name------------------
Designation---------------
Annexure-I
Annual Requirement of Goods
Sr.No. Description
of Goods
Quantity Value Rate of
duty
Amount
of duty
Remarks
[F.No. DGEP/EOU/40/2017 ]
(Dinesh Kumar Gupta)
Director to the Government of India
