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Overview

India allows duty-free import of raw materials and capital goods for manufacturing and other operations in a bonded manufacturing facility.

With the Government’s continuous efforts to promote India as the manufacturing hub globally and the commitment towards ease of doing business, another initiative in this direction by the Central Board of Indirect Taxes (CBIC) is allowing import of raw materials and capital goods without payment of duty for manufacturing and other operations in a bonded manufacturing facility.

When the raw materials or capital goods are imported, the import duty on them is deferred. If these imported inputs are utilised for exports, the deferred duty is exempted. Only when the finished goods are cleared to the domestic market, import duty is to be paid on the imported raw materials used in the production. Import duty on capital goods is to be paid if and when the capital goods are cleared to the domestic market.

 

Overview

Note：When the raw materials or capital goods are imported, the import duty on them is deferred. If these imported inputs are utilised for exports, the deferred duty is exempted. Only when the finished goods are cleared to the domestic market, import duty is to be paid on the imported raw materials used in the production. Import duty on capital goods is to be paid if and when the capital goods are cleared to the domestic market

*When finished goods are exported, in addition to the waiver of BCD + IGST on the imported (and duty deferred) goods used, the GST on the finished goods can be zero-rated. Any input GST can be taken as a credit against output GST.

Advantages of bonded warehousing

Highlights

Deferred duty on imported capital goods

Duty on capital goods used in manufacturing or other operations is deferred until their clearance from the bonded facility. Capital goods can be sold to foreign manufacturers after utilization and deferred duty can also be avoided.

Deferred duty on imported raw materials

Duty on imported raw materials used in manufacturing or other operations is deferred until clearance of finished goods. Deferred duty is waived in case finished goods are exported.

Seamless warehouse to warehouse transfer

Transfer goods from the bonded facility to another facility without payment of duty.

No fixed export obligation

No limit on the share of clearance of finished goods for the domestic market. An entity may manufacture in a bonded facility and sell up to 100% of the output in the domestic market.

Ease of bonded manufacturing

  • Single point of approval

    Commissioner of Customs acts as the single point of contact for all approvals

  • Common form

    Common application cum approval form for a license for private bonded facility and permission for manufacturing and other operations

  • Unlimited period of warehousing

    Capital and non-capital goods (raw materials, components, etc.) can remain warehoused until clearance or consumption

  • No geographical restriction

    New manufacturing facility can be set up or an existing facility can be converted into a bonded manufacturing facility irrespective of its location in India

  • Easy compliance

    Maintain all records of manufacturing and other operations digitally in a single format as per Annexure B

Types of Beneficiaries

Through bonded manufacturing, all types of businesses can avail exemption on customs duty on imported inputs used in the production of finished goods to be exported. In the case of domestic consumption, the duty on imported inputs is deferred until the finished goods are cleared to the domestic market.

For better understanding, illustrations below show how a manufacturer and an e-commerce service provider benefit from bonded manufacturing.

1. Manufacturer
  • A leading Japanese automobile manufacturer intends to manufacture vehicles in India
  • They file an application for licensing a facility near Nagpur, Maharashtra and import required inputs for production like airbags, gearboxes and capital goods. 
  • The duty on such imports is deferred, which provides additional working capital support to the manufacturer.
  • The manufacturer exports 70% of the total produced vehicles and deferred duty on that portion is waived while deferred Custom Duty and IGST are paid on the remaining 30% vehicles at the time of their sale domestically across India.
  • The manufacturer benefits from deferred duty on imported inputs and from reduced production cost due to duty-free imports.
2. E-commerce service provider
  • A global online retailer envisages to set up a packaging and logistics hub in Chennai, Tamil Nadu.
  • Under a bonded facility, the retailer doesn’t worry about the permitted time to store warehoused goods with the advantage of unlimited storage.
  • The retailer pays duty on the imported inputs only when the finished goods are cleared from the facility to the domestic market.

Steps to Start Manufacturing

1
Step One

Fill Online Application

Fill online application as per Annexure A along with the following details:

  • Nature of manufacturing
  • Particulars of imported inputs 
  • Anticipated trade volume, etc.

List of documents required:

  • Certificate of Incorporation (For companies)
  • MoO and AoA (For partnership firm)
  • Partnership Deed (For partnership firm)
  • Copy of ID proofs of proprietors/ partners/ directors
  • Copy of Aadhar Card of Authorised Signatory
  • Documents supporting property-holding rights, such as rent agreement
  • Copy of warehouse license, if issued earlier
  • Ground plan of the site with details
  • Fire safety audit certificate
2
Step two

Execute a Bond

  • Execute a bond as per Annexure C and submit a physical copy to your Jurisdictional Commissioner of Customs.
  • Maintain detailed accounts as per Annexure B

Note: Before execution of a Bond, a Customs Officer visits the facility to evaluate the compliances in order to issue the license.

3
Step Three

Grant of Sanction

  • Commissioner of Customs grants the permission for manufacturing or other operations in the bonded facility
  • Permission also includes:
    • Manufacturing process or other operations permitted
    • Conditions regarding manufacturing
4
Step Four

Start Manufacturing or Other Operations

The processes for availing the license for a private bonded facility (as per Section 58) and for manufacturing or performing other operations (as per Section 65) are combined under single application as per Annexure A.

Steps for Clearance of Warehoused Goods

  • To domestic market for consumption

    When warehoused goods are used for manufacturing or other operations & finished goods are domestically consumed

  • To a Customs Station for Export

    When warehoused goods are used for manufacturing or other operations & finished goods are exported

  • To another bonded manufacturing facility*

    When warehoused goods are used as raw materials by another industry

Warehoused goods are permitted for clearance after:

  • All compliances are met by the owner of goods as per executed Bond.
  • Deferred duty on imported raw materials or capital goods is paid.
  • GST is paid on the finished goods.
  • Any other compliance as per the Customs Act or any other applicable regulations are met.

Follow Simple Steps to Transport Warehoused Goods

  • Fill Form for Transfer of goods from a facility appended in Warehouse Goods (Removal) Regulations Act, 2016 to transport warehoused goods.

    • Licensee of the originating warehouse affixes a one-time-lock, unless permitted by the Commissioner of Customs to transport without the lock, depending upon the nature of goods or the manner of transport.

    • Produce ‘Acknowledgement’ received from the licensee of the recipient warehouse stating arrival of goods to Bond Officer of the originating warehouse.

    • Acknowledgement is to be produced in 1 month.

*When goods are transferred from one bonded facility to another, incidence to pay deferred duty is also transferred to the owner of the new facility.

Essentials to Benefit from Bonded Manufacturing

Export goods

No duty is to be paid on imported raw materials or capital goods if the following are complied with:

  • Documents of export declaration based on the mode of transportation (Shipping Bill/ Bill of Export/ Form prescribed) are produced
  • Export duty, fines and penalties, if any, are paid
  • Order of clearance of goods issued by the Customs Officer
Goods for home consumption
Waste/ refused goods
  • Exported Goods

In case of export of finished goods, the duty on waste is paid as if the waste was imported into India. Licensee can also get the duty remitted by destroying the waste generated.

  • Domestically-consumed Goods

In the case of domestic consumption of finished goods, the import duty (customs duty + GST) is paid on the quantity of the imported goods contained in the waste and scrap.

Requirements for Record-keeping

1. Maintenance of records

  • Maintain detailed records of receipt, handling, storing and removal of goods into/ from the facility as per Annexure B.
  • Keep record of each activity, operation or action taken in relation to the warehoused goods.
  • Keep record of drawl of samples from the warehoused goods.
  • Keep copies of the following documents:
    • Bills of Entry
    • Transport documents
    • Forms for transfer of goods from warehouse
    • Shipping Bills
    • Bills of Export
    • Any other documents indicating receipt/ removal of goods from the warehouse

2. Preservation of physical and digital records

  • Update records and accounts accurately and preserve for a minimum 5 years from the date of removal of goods from the facility.
  • Preserve updated digital copies of records at a place other than the facility to prevent loss of records due to natural calamities.

3. Filing monthly returns

  • File monthly returns within 10 days of closing of the month.

If licensees fail to comply with any of the provisions of these regulations, they shall be liable to a penalty in accordance with the provisions of the Customs Act, 1962.

Stakeholders

Government Ministry/Department

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