TIOL-DDT 1735 · Friday, 18 November 2011 · story 2 of 4

Duplicate Copy of Bill of Entry - How to Get?

IN a recent meeting of the Public Grievance Committee of the NOIDA Commissionerate, a Member wanted to know the time required for obtaining duplicate copy of Bill of Entry.

The Commissioner replied that there is no provision in the Customs Act, and rules made there under. However, if there is any circular/ instruction of Board or Public Notice/Trade Notice etc from any Customs House or Customs & Central Excise Commissionerate, the trade may attach the copy of the same so that the case may be examined accordingly with in 02 days from the date of receipt the request. The Dy Commissioner and Assistant Commissioner should also find out any such circular/instruction or Trade /Public Notice and put the same to draw the procedure.

Well, there is a Facility Notice from India's major Custom House. The Chief Commissioner of Customs, Mumbai-II had issued Facility Notice No. 49/2010 on this issue and prescribed the following procedure.

The importer would approach their authorized bank with a request to obtain an attested/ certified copy of the Bill of Entry if available with them and obtain a dated acknowledgement.

In case the importer is unable to get a copy from the bank, the importer would make a request to the Assistant / Deputy Commissioner (Statistics), clearly stating the purpose for issue of certificate supported by proof, along with following documents:

++ A copy of the letter submitted to bank & their acknowledgement. If a reply has been received from the bank then copy of reply is also to be submitted.

++ A police complaint/ FIR as a proof of the EDI Bill of Entry having been actually lost (not required in case of mutilated B/E).

++ An indemnity bond (duly notarized in the required pro forma) to indemnify any loss of revenue to the Government due to misuse.

++ The mutilated copy of the EDI Bill of Entry (in case of mutilated B/E only).

In cases of utmost need when a Bill of entry is statutorily required, a duplicate copy of Bill of Entry would be generated with the permission of the System Manager. In such cases, the importer will have to make a specific request to the System Manager with reasons. The importer is required to submit documents stipulated above and additionally the importer will have to submit document/ documents to justify need for such Bill of Entry including a letter from the concerned authorities stating that such Bill of Entry is required by the said authorities as per law & procedure. In such cases, on receipt of the required documents, the EDI T.A/ S.T.A will scrutinize and verify the documents to ascertain whether all the prescribed documents have been submitted. In case of doubt, the T.A/ S.T.A will bring the facts to the notice of Assistant / Deputy Commissioner, EDI. If the documents are not proper/ complete, the same will be returned to the importer across the counter or at the most in two days of receipt. If the documents submitted are proper, the same will be put up to the EDI Appraiser who will verify all the relevant particulars and details from the EDI system. On such verification the EDI Appraiser will put up the matter in the concerned file to the Assistant / Deputy Commissioner, EDI. If found fit, the Assistant / Deputy Commissioner, EDI will put up the matter for approval and permission of the System Manager. If the System Manager finds the case fit, he will permit generation of the Duplicate copy of EDI Bill of Entry after following the necessary formalities. The Duplicate copy so generated will be signed by the Assistant / Deputy Commissioner, EDI and will be issued to the importer. The Duplicate Bill of Entry will clearly mention the PURPOSE for which it is being issued.

You had better not lose that Bill of Entry.

Maybe now, Noida Commissionerate can follow the JNCH, Mumbai and give us credit for informing them.

Chief Commissioner of Customs, Mumbai Zone - II Facility Notice No. 49 /2010.; Dated: April 26,2010