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[CBEC] Bank Cert. Requirement Evidencing Receipt Of Payment In Freely Convertible Currency (For Export To Bhutan For Specified Hydroelectric Projects)

Central Board of Excise and Customs, vide Circular No. 1058/07/2017-CX dated the 16th August, 2017, has issued some clarifications on requirement of submitting Bank certificate evidencing receipt of payment in freely convertible currency under Notification No. 45/2001-CE (NT) dated 26.06.2001 for export to Bhutan for specified Hydroelectric Projects. The contents of the said circular is as follows:-

1. References have been received in the Board seeking clarification on, whether proof of export, namely Bank certificate evidencing receipt of payment in freely convertible currency as required under Notification No. 45/2001-CE (NT) dated 26.06.2001 as amended, for export of commodities to Bhutan would have to be submitted in the case of export for the following Hydroelectric projects, namely, Kurichu Hydro Electric Project, Tala Hydro Electric Project, Punatsangechhu-I Hydro Electric Project, Punatsangchhu-II Hydro-Electric Project, Mangdechhu Hydro-Electric Project and Kholongchhu Hydro Electric Project, which are being constructed with the assistance of Government of India as part of Bilateral Agreements with Bhutan.


2. The said hydroelectric projects in Bhutan are being constructed with the aid of the Government of India as part of bilateral agreements between the Government of India and the Royal Government of Bhutan. The aid inter alia is by way of grant or loan by the Government of India and has approval of the Government of India along with facility for payment in INR for exports to Bhutan.

3. Further, Article VII of the India-Bhutan Agreement on Trade, Commerce and Transit provides that bilateral trade between India and Bhutan shall be in INR or Ngultrums. Since the exports in case of the aforementioned Hydroelectric projects are in INR, the condition for submitting Bank certificate evidencing receipt of payment in freely convertible currency as required under Notification No. 45/2001-CE (NT) dated 26.06.2001 as amended have to be read harmoniously with the Agreement on Trade, Commerce and Transit as well as decisions of the Government of India.

4. Accordingly, it is clarified that payment condition relating to currency with regard to export of commodities to Bhutan for the said Hydroelectric projects shall be considered to have been discharged in cases where payment has been received in Indian currency through the banking channels.

5. Any difficulty in the implementation of this circular may be brought to the notice of the Board. Hindi version will follow.




LATEST AMENDMENT TO NOTIFICATION NO. 45/2001-CE (NT) DATED 26 JUNE, 2001

CBEC vide Notification No. 25/2017 - Central Excise (N.T.) dated the 16th August, 2017, has amended the Notification No. 45/2001-Central Excise (N.T.), dated the 26th June, 2001, which is as follows:-

In exercise of the powers conferred by sub-rules (1) and (3) of rule 19 of the Central Excise Rules, 2017, the Central Board of Excise and Customs hereby makes the following further amendment in the notification of the Government of India, in the Ministry of Finance, Department of Revenue, No.45/2001-Central Excise (N.T.), dated the 26th June, 2001 published in the Gazette of India, Extraordinary vide number G.S.R. 474(E), dated the 26th June, 2001, namely:-

In the said notification,-

(i) in paragraph 1, under the heading, Conditions and Safeguards, against serial number (1) the Explanation shall be re-numbered as “Explanation I” and after “Explanation I” so as renumbered, the following Explanation shall be inserted, namely:-

“Explanation II: For export of goods to Bhutan, payment for the goods may be received in Indian Rupees and such payment shall be deemed to be in freely convertible currency”.

(ii) in paragraph 2 under the heading, Procedure, against serial number (3), in item (i) after the words, “alongwith bank certificate evidencing receipt of payment in freely convertible currency,” the words, “in case of Bhutan, it is in Indian Rupees,”, shall be inserted.


Note:- The principal notification No. 45/2001-Central Excise (N.T.), dated the 26th June, 2001 was published vide G.S.R. 474 (E), dated the 26th June, 2001 and was last amended vide notification No. 03/2016-Central Excise (NT) dated 3rd February, 2016 G.S.R. 143 (E), dated the 3 rd February, 2016.

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