TaxTMI 
TaxTMI 
Exemption to specified goods falling under Chapter 85 when removed for sale, in foreign currency, to the duty free shops at Customs airports
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....ency, to passengers arriving from abroad, from the whole of the duty of excise leviable thereon which is specified in the said Schedule, subject to the following conditions, namely: (a) the owner of the duty free shop or his agent (hereinafter referred to as the consignee) is authorised to store and sell the goods, in foreign currency, in the said duty free shop to passengers arriving from abroad, by the Commissioner of Customs having jurisdiction in the customs airport (hereinafter referred to as the Commissioner of Customs); (b) the consignee brings the goods directly from the factory of manufacture to the said duty free shop; (c) the goods so brought are sold, only in foreign currency, to the passengers arriving from abroad; (d) if due to any special circumstances, the goods are to be taken back by the consignee to the manufacturer or for home consumption, then the consignee shall make an application to the Commissioner of Customs, indicating the reasons, who after satisfying himself about the need and circumstances may allow removal of such goods on payment of excise duty as applicable on the date of removal and subject to any other condition as he may deem fit; ....
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....ate, the Assistant Commissioner of Customs, in his discretion, demand a fresh bond, and may, if the security furnished for a bond is not adequate, demand additional security. After the grant of the permission and execution of the bond by the applicant, the officer of customs in-charge of the duty free shop shall issue a certificate, in the form given in Annexure-B below certifying that- (i) the said applicant has been authorised to store and sell the goods, in foreign currency, to passengers arriving from abroad, by the Commissioner of Customs upto............. (ii) the said applicant has executed a bond in the form given in Annexure-A with the Assistant Commissioner of Customs showing the number and particulars of the bond; and (iii) the specimen signature of the said applicant or his agent furnished on the body of the certificate is genuine and he would attest it. The certificate shall be sent by the said officer-in-charge under registered post (acknowledgement due) to the factory from which the goods are to be obtained. A copy of the certificate shall also be sent by the said officer-in-charge to the Superintendent in-charge of the range of the factory, from where th....
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....cate copy of Annexure-C will be sent by the consignor to the Assistant Commissioner of Customs. The quadruplicate copy of Annexure-C along with a copy of the gate pass will be sent by the consignor to the Central Excise officer-in-charge of his factory within 24 hours of the removal of the consignment in question. The said officer-in-charge shall maintain an account of all such removals in Annexure-D below. (f) Action at destination. - On receipt of the duplicate copy by the Assistant Commissioner of Customs, it must immediately be entered in the 'Record of Receipts in Bond' given in Annexure- E below and forwarded the same day to the officer of customs in charge of the duty free shop. The entries in this record should be verified against relative entries of the record of goods prescribed by the Commissioner. (g) Responsibility for further accounting. - After receipt of the goods from a manufacturer, proper accounting of the goods shall be the responsibility of the consignee and the officer of customs in charge of the duty free shop. (h) Examination of the consignment on receipt. - The consignee must give intimation of the arrival of the consignment at his premises....
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....c.- If any goods obtained under this procedure are not duly accounted for to the satisfaction of the Assistant Commissioner of Customs as having been sold, in foreign currency, to the passengers arriving from abroad, the applicant shall, on demand, immediately pay the duty of excise leviable on such goods. The authorisation granted to the applicant, may at any time be withdrawn by the Commissioner of Customs if a breach of the procedure is committed by the applicant, his agent or any person employed by him. In the event of such a breach, the Commissioner of Customs may also order the forfeiture of the security deposited under paragraph (a) above and may also confiscate the goods and all goods in store in the premises of the applicant. (l) Despatch of duplicates by registered post acknowledgement due.- Despatch of duplicate application in Annexure-C referred to in a paragraph (e) above must always be made by registered post-acknowledgement due, and the Postal receipt of registration must be systematically filed by the consignor and presented for inspection to the Central Excise Officer-in-charge of the factory whenever required. (m) Demand of duty on goods not reaching destina....
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....of the person-in-charge of the duty free shop to ensure that all the goods have been fully accounted for and sold in foreign currency to the passengers arriving from abroad to the satisfaction of the Assistant Commissioner of Customs. ANNEXURE-A Bond (with surety) for the due arrival of the goods removed from a factory to duty free shop in the arrival hall of the customs airport (Delete the letters and words not applicable) I/We (1) .......of.................. [hereinafter called the obligor(s)] and (2) I/We........... .of .......(hereinafter called the surety) am/are jointly and severally bound to the President of India in the sum of rupees............ to be paid to the President of India for which payment I/We jointly and severally bind myself /ourselves and my/our legal representatives. The above bounded obligor(s) being permitted to remove the goods described in his/their application No . ..........dated ......from the factory at ..........................to the duty free shop in the arrival hall of customs airport at...................................... The condition of this bond is that if the obligor(s) and his/their legal representatives shall observe ....
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....oods, in foreign currency, to passengers arriving from abroad by the Commissioner of Customs upto ................ (2) That he/they has/have executed a bond, as required, under notification No. 145/89-Central Excises, dated the 19th May, 1989 for Rs . with the Asstt. Commissioner of Customs ..................and as such may be permitted to remove .......(Qty.) of goods from the units at ........... to duty free shop in the arrival hall of customs airport at ............................... (3) That the specimen signatures of his/their authorised agent namely Shri __________________ are furnished here below duly attested. Specimen Signatures of owner or his authorised agent Sd/- Attested Officer of Customs-in-charge of the duty free shop ANNEXURE-C Range..................... Original Duplicate Triplicate Quadruplicate Application for removal of the goods from a factory to duty free shop in the arrival hall at the customs airport I/We holder(s) of Central Excise Licence No. __________________ apply for leave to remove the undermentioned goods from the factory at_______ to the duty free shop of Mr./Messrs. __________ in the....
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....Date of reminders issued for return Date of return of duplicate Date of despatch to A.C. of Cen. Ex. for record (7) (8) (9) (10) (11) Whether triplicate of Annexure-C received by consignor from consignee Yes/No Date of receipt Gain (Plus) or Loss (Minus) Action taken on gain/loss transit Remarks Gain Loss (12) (13) (14) (15) (16) ANNEXURE - E Record of Receipt in Bond Sl. No. Annexure-C to notfn. No. 145/89-CE, dated 19th May, 1989. No. and date of GatePass Description of goods Rate of duty (1) (2) (3) (4) (5) No. of packages Net quantity Name and address of consignor Duplicate Annexure-C Date of receipt Date of return (6) (7) (8) (9) (10) Gain (Plus) or Loss (Minus) in transit Action taken of gain/loss Remarks Gain Loss (11) (12) (13) (14) ANNEXURE - F Stock Register of goods brought to duty free shop in the arrival hall of the customs airport for sale, in foreign currency, to passengers arriving from abroad Date Opening balance Receipts Total Sl. No. (s) of the sale voucher(s) Qty Value realised Anne....