WAREHOUSE INTRODUCTION

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The warehousing of dutiable goods in a customs declared area on execution of a bond without payment of duty for a stipulated or required period is known as bonding of imported goods. The declared bonded area may be either private owned or public or even personal. This facility is given to the importers to have enough time for payment of duty or part clearances as the case may be. The section of the customs department, which deals with this warehousing facility system, is known as Bond Section because the imported goods are bonded to customs till payment of duty, in full with interest accrued as applicable.

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The customs warehousing areas are being declared under sec.9 of Customs Act 1962 while the licenses for such warehouses are issued under sec. 57 for Public Bonded warehouses and under sec.58 for Private Bonded warehouses. The goods are bonded under sec. 59 of Customs Act 1962. Bond interest is collected after expiry of  initial bonding period.

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Another facet of warehousing system is that of the 100% Export Oriented Units. All the 100% EOUs are licensed under sec. 58 of Customs Act 1962 as they are exempted from payment of duty though the goods being warehoused (including capital goods) are dutiable. Monitoring the system of 100% EOUs are governed by notifications issued by the Government of India time to time. The Units under Software Technology Parks also fall under 100% EOU category. The export of end products by 100% EOUs is as per sec.69 of Customs Act 1962.

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The goods, components, spares, and food items, which are supplied to the Ship Stores of the vessels, are under the control of the Bond Section as the said ship stores are imported and warehoused under bond without payment of duty (The items supplied to ship stores of non-coastal vessels requires no duty). The supply to Ship stores is as per sec.68 of Customs Act 1962.

A checklist of documents to be submitted:-
1. for obtaining warehousing licence u/s 57 and 58(1) of the Customs
Act 1962;

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2. for in-bond transfer of goods u/s 67 of the Customs Act, 1962; and
3. for bonding u/s 59 of the Customs Act, 1962

are provided for the convenience of the importers, hereunder.

WARE HOUSE LICENCE UNDER SECTION 57 & 58(1)

DOCUMENTS TO BE SUBMITTED IN CASE OF 100% EOUS AND STPI

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   Application in prescribed format (in duplicate)

bull_5.gif (1197 bytes)   Approval from Secretariat of Industrial Approval / MEPZ / STPI / IMSC
bull_5.gif (1197 bytes) Letter of undertaking / permission from MEPZ / STPI
bull_5.gif (1197 bytes) Legal agreement with Development Commissioner, MEPZ or Director, STPI in case of STP units
bull_5.gif (1197 bytes) List of capital goods attested / approved by MEPZ / STPI
bull_5.gif (1197 bytes) Copy of green card with covering letter of Green Card showing date of validity
bull_5.gif (1197 bytes) Copy of Importer Exporter Code (IEC) certificate issued by DGFT
bull_5.gif (1197 bytes) Copy of PAN allotment letter issued by Income Tax department
bull_5.gif (1197 bytes) Copy of PAN card
bull_5.gif (1197 bytes) Copy of Income Tax returns filed by the company / Directors (Partners in case of firm) for the last three years
bull_5.gif (1197 bytes) Copy of the Memorandum / Articles of Association of the company; Partnership deed in case of a firm
bull_5.gif (1197 bytes) Certificate of registration / incorporation of the company / firm issued by the Registrar of Companies / Firms  
bull_5.gif (1197 bytes)   List of Directors / Partners of the company / firm (with signatures) / residential address, phone numbers, e-mail addresses  
bull_5.gif (1197 bytes)  Copy of Board resolution for the authorized signatory of the company  
bull_5.gif (1197 bytes) Photographs of the Directors / Partners  
bull_5.gif (1197 bytes) Address proof of the Directors / Partners (copy of passport / Driving licence / ration card / election ID card  
bull_5.gif (1197 bytes) Undertaking to insure the bonded (duty free) goods to the extent of value + duty forgone and assigning the policy in favour of the Commissioner of Customs, Chennai  
bull_5.gif (1197 bytes) Undertaking to pay cost recovery charges / MOT charges for utilization of the services of the Bond Officer  
bull_5.gif (1197 bytes) Detailed sketch of the site plan  
bull_5.gif (1197 bytes) Approved Topo plan (floor wise) with dimensions / measurements (in square feet) indicating the area of operation certified by the Licensed Surveyor  
bull_5.gif (1197 bytes) Lease deed / Rental agreement / Sale deed of the proposed premises  
bull_5.gif (1197 bytes) Bank Solvency Certificate issued to the company / firm for Rs. 20 Lakhs (Rs.10 Lakhs for STPI) specifying the details / No. of the Bank Account and the duration / nature of transactions with the said bank  
bull_5.gif (1197 bytes)  In case the company has been newly formed, proof showing the nature/duration of banking transactions of the Directors / Partners as the case may be 
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Note:

All the documents to be signed by the authorized signatory of the company / firm  

Photocopy of the documents to be notarized by a Notary Public

All the originals to be produced for verification with the photocopies at the time of submission   

((Authority Bonds Department F.No.S.Misc.24/2006-BONDS-EOU  Dated 16.11.2007))