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Date: 29-10-2012
Notification No: CUSTOMS INSTRUCTION
Issuing Authority: Indian Customs  
Type: Instruction
File No: F.No.450/24/2012-Cus.IV
Subject: Regarding clearance of containers and imported goods

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Room No. 229 A, North Block

New Delhi, dated: 29th October, 2012.

To,
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
Director General of Revenue Intelligence.

Subject: Clearance of containers and imported goods – regarding

Sir / Madam,

Instances have come to notice of the Board that clearance of some containers were allowed without filing of Bill of Entry and payment of Customs duty by using forged signatures of Customs officials on manual Out of Charge orders (gate passes) leading to substantial loss of revenue to the Government exchequer. These cases highlight the high propensity to commit fraud and duty evasion.

  1.  The matter has been examined in the Board. In order to redress the issue and to prevent fraud in future, it has been decided that Commissioners concerned shall develop a proper gate management system where Deputy / Assistant Commissioner of Customs, Docks / Import Shed and Deputy / Assistant Commissioner of Customs, Special Intelligence & Investigation Branch (SIIB) would carry out surprise checks at out gate and verify authenticity of the gate passes issued by the custodian. Further, Out of Charge orders must be computerized and manual Out of Charge orders should be allowed only in the rarest of rare and genuine cases. Also specimen signature of the officers posted in Docks / Import Shed should be made available at the out gate for verification. Further manual Out of Charge orders (gate passes) booklets, official stationery, stamp etc. should be kept in safe custody. Due care should also be taken to verify the particulars in the Bill of Entry and other important documents.

  2. The Board desires that aforementioned instructions are complied with strictly and special care taken by field formation to avoid any cases of misuse in future. Needless to say any failure in complying with these instructions will have a revenue angle, and hence inevitable consequences including fixing accountability on erring officer(s).

  3.  These instructions may be brought to the notice of all the officers concerned by issuing suitable Standing Orders/instructions/Public Notices.

Yours faithfully,
(G. S. Sinha),
OSD (Customs IV)
F.No.450/24/2012-Cus.IV

Copy to:

Internal circulation (as usual).

       

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