Amendment to Circular No. 54/2004-Customs dated 13.10.2004 regarding waiver from the requirement of Bank Guarantee in respect of EOUs

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ers of Customs / Customs (Prev) All Chief Commissioners of Customs & Central Excise All Commissioners of Customs / Customs (Prev) All Commissioners of Customs (Appeals) All Commissioners of Customs & Central Excise All Commissioners of Customs & Central Excise (Appeals) Sub:- Waiver from the requirement of Bank Guarantee in respect of EOUs - Amendment to Circular No. 54/2004-Customs dated 13....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... issue of instructions vide para 19 of the aforesaid Board's Circular No. 54/2004-Customs. 3. It has been brought to the notice of the Board that one of the conditions relating to 'unblemished track record' for grant of such exemption from furnishing bank guarantee to 100% EOUs has been changed in the annual FTP amendments and the same is not being properly implemented. It has been represented by....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....applicable; (b) has not been issued a show cause notice or a confirmed demand, during the preceding 3 years, on grounds other than procedural violations, under the penal provision of the Customs Act, the Central Excise Act, the Foreign Trade (Development & Regulation) Act, the Foreign Exchange Management Act, the Finance Act, 1994 covering Service Tax or any allied Acts or the rules made thereund....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f para 6.12(f) sub-para (iii)(b) of FTP, that the prescribed condition clearly excludes show cause notices or cases booked for procedural violations. Hence, the entitlement of bank guarantee exemption to 100% EOUs / EHTP / STP / BTP units shall be denied only in cases involving fraud/ collusion/ willful mis-statement/ suppression of facts, whether or not extended period for issue of SCN has been i....