OFFICE OF THE COMMISSIONER OF CUSTOMS:
C.No.VIII/48/177/2009 -Cus. Tech. Date:
Minutes of the meeting of 100% EOU/EHTP/STP units on Transfer of EOUs to Central Excise, held on
A meeting
with the representatives of the 100% Export Oriented Units, STP / EHTP units of
Bangalore Customs Commissionerate was held on
7th May, 2010 at the
Conference Hall, IV Floor, Income Tax Wing,
C.R. Building, Queen’s
Road, Bangalore, under the Chairmanship of Sri.Subhash
Chander, Chief Commissioner of Customs and Central Excise, Bangalore Zone.
2. The representatives of the
100% EOU/EHTP/STP units, Custom House Agents who are dealing with EOU related
work attended the meeting. The following
Officers from the Department also attended the meeting:
1. Shri A.K.Kaushal, Commissioner of Central Excise,
Bangalore-III
Commrte
2. Shri. R.K.Singla, Commissioner of Central
Excise,
Commrte
3. Shri.Kamal Jyoti, Commissioner of Central
Excise Bangalore-II Commrte
4. Shri
K.Sekar, Commissioner of Service Tax,
5. Shri. B.Bhattacharya, Commissioner of
Customs,
6.Shri. Bijoy Kumar Kar, Additional
Commissioner of Customs, Tech., Hqrs.,
7.Shri. R.Bhaskaran, Deputy Commissioner of
Customs,Tech., Hqrs. Office
8. Shri. S.Madhusudan, Asst. Commissioner of
Customs, Customs Division
3. At the outset, the Chairman
extended a warm welcome to the members present. The main Agenda of the Meeting
was to inform the Trade about the Board’s decision to transfer the
Administrative Control of 100% EOU/EHTP/STP units hitherto held by the Customs
Commissioner,
4.1 The Chairman explained that in
the port cities and as an exception case in
4.2 The Chairman stated that in order to
facilitate uniform and better administration and control of such EOUs and also
to facilitate the shift to Goods and Services Taxes (GST) regime in future,
Central Board of Excise & Customs, has
conveyed the decision that the EOU units
functioning in the jurisdiction of Customs including port cities will
henceforth be under the Administrative Control of the respective jurisdictional
Central Excise Commissionerates
with effect from 01.06.2010. Accordingly he
informed that the matter is under discussion and shortly Public Notice/Trade
Notice will be issued regarding the jurisdiction of the units in the Central
Excise Commissionerates and also the details of the designated proper officer
will be enumerated.
4.3 The
Chairman further stated that there will be only Administrative change and that there
will be no change whatsoever in the procedures being followed. He also assured that there will be no delay
in processing of the documents and all the Central Excise officers will be
briefed about the procedural aspect. It
was further clarified that there will be no change in the existing
documentation / procedure being followed.
5.0 However the Trade and Industry
representatives were apprehensive about the procedural aspects and the time
involved in clearance of the documents if the units are transferred to Central
Excise control. There were various
doubts raised by the representatives of the Trade as detailed below and the
Chairman clarified the same.
5.1 With regard to Block
Transfer, what will be procedure?
For the import of goods duty
free through ports in Bangalore, in terms of the procedure laid out in the
Public Notice No.104/2001 dated 17.10.2001, the EOU Range Superintendent issues
a Block Transfer Certificate apportioning certain amount from the importer’s Running Bond account to their Port account so as to enable the importers to procure
imported goods duty free. The Trade enquired that regarding the issue of Block
Transfer Certificates, what will be procedure in future, as in other places
where EOUs are within Central Excise jurisdiction, only Procurement
Certificates are issued and there is no concept of Block Transfer.
Reply: The Chairman clarified that the existing
procedure will continue and there will be no change. Also it was impressed upon
the Trade representatives to submit a letter to the Commissioner of Customs
Bangalore, seeking clarification on the issue for which the Department would issue
a clarification in writing
5.2 Whether
registration is required to be taken in Central Excise for all the additional
premises of a single EOU/EHTP/STP unit?
At present, the EOU/EHTP/STP units have one Letter of
Permission issued by the CSEZ/STPI office and accordingly a Customs Licence is
issued by the Assistant Commissioner of Customs, Customs Division, under
Section 58 and 65 of the Customs Act, 1962, respectively declaring the area as
“Customs Area” and permitting the unit to carry out in-bond manufacture in the said premises. In case the unit wishes to expand their
operations elsewhere – in adjoining area or anywhere else - the additional
premises are also attached to the original Licence by the Assistant
Commissioner, Customs Division, by way of issue of an Additional Premises
Licensing sheet, attached to the Original Licence Number issued earlier. No
separate Licence is issued for the additional premises.
The Trade enquired that
regarding the Additional premises as mentioned above, when the EOUs are shifted
to Central Excise, whether the existing procedure will be followed or they
should take separate Central Excise Registration Certificate for all the
additional premises.
Reply: The Chairman clarified that the existing
procedure will continue and there will be no change. However it was impressed upon the Trade
representatives to submit a letter to the Commissioner of Customs Bangalore,
seeking clarification on all the doubts they are encountering for which the
Department would submit a clarification in writing.
5.3 Cases
pending in CESTAT, Commissioner (Appeals), Show Cause Notices and refunds to be
granted:
The representatives of the Trade
enquired about the future status of their cases pending before the Hon'ble
CESTAT and Commissioner (Appeals). What would be the future of the cases which
have been heard in person and pending issue of order and also cases which are
pending decision at both the fora. They
sought for clarification as to who would be proper officer before whom they
should present the cases and also the status of the SCNs issued and the refund
applications already submitted.
Reply: The Chairman stated that the proper
officer would definitely be an officer in the new jurisdiction and it would be
made known through issue of proper Instructions / Trade Notice. However, the present set of officers should
ensure that all periodical Show Cause Notices covering the next three months have
to be issued.
5.4
Will
there be an exclusive EOU Division in Central Excise as it is so in Customs?
The Trade were eager to
know if the existing pattern of Customs Division comprising of all the
EOU/EHTP/STP units would continue to be so in the changed Central Excise
jurisdiction.
Reply: The Chairman stated that Board’s Instructions
in the matter is awaited.
5.5
Whether
the LOP will be issued in future by the Development Commissioner / Director
STPI ?
The Trade raised a query as to
whether the Letter of Permission (LOP) for setting up a EOU/EHTP/STP unit will
continue to be issued by the Development
Commissioner, CSEZ / Director STPI, as the case may be.
Reply: The Chairman observed that the Trade
representatives are perhaps not properly aware of the functions of the
different agencies and there will be no change in the existing procedures and
all the procedures will continue to be the same.
5.6 What
about E.R.1 and E.R.2 returns?
The
Trade representatives sought clarification about the monthly returns –
E.R.1 and E.R.2 – to be filed?
Reply: The
Chairman clarified that at present the
EOU/EHTP/STP units are filing the monthly E.R.2 returns manually to the
5.7 In case of transfer of capital goods from one EOU to another,
whether date of re-warehousing is considered as date of bonding in the new unit
and from when the depreciation is calculated?
Reply: The
Chairman impressed upon the Trade to submit a letter to the Commissioner of
Customs Bangalore, seeking clarification in this aspect for which the
Department would issue a clarification in writing.
5.8
Delay in
documentation by excise officers:
The
Trade representatives stated that in other Central Excise formations in
Reply: The
Chairman assured that the Commissioners of Central Excise and Service Tax will
take care to see that there is no delay.
If the trade encounters any problem, they may contact the senior
officers to resolve the same.
6. The
Commissioner of Customs,
7. The Commissioner of Central
Excise
8. The Commissioner of Central
Excise
9. The Commissioner of Central Excise Bangalore-III
Commissionerate spoke to the Trade and clarified that there will be no problem
as the central excise officers are only working in Bangalore Customs and they
are coming back to excise after completion of their tenure in Customs. Thus the excise officers are well aware of
the customs procedures and hence there is no scope for any apprehension by the
Trade.
10. The Chief Commissioner once
again emphasized that the points/queries should be submitted to the
Commissioner of Customs,
11. The meeting ended with vote of
thanks to the chair.
12. These minutes are issued with
the approval of the Chief Commissioner of Customs and Central Excise, Bangalore
Zone,
Sd/-
(B.BHATTACHARYA)
COMMISSIONER OF CUSTOMS,
To,
All the
Members,
Copy submitted to:
The Chief Commissioner of Customs
and Central Excise,
Copy to:
1.
The Commissioner of Central Excise,
2.
The Commissioner of Central Excise, Bangalore-II
Commissionerate
3.
The Commissioner of Central Excise, Bangalore-III
Commissionerate
4.
The Commissioner of Service Tax,
5.
The Additional Commissioner of Customs, Technical,
Hqrs.,
6. The
Assistant Commissioner of Customs, Customs Division,
7. Guard
File.