Guide to Manufacturing in Bonded Warehouses
Guide to Manufacturing in Bonded Warehouses
Manufacture in Bond 20
20.1 Introduction
20.2 Manufacture and other Operations in Warehouse
20.3 Manufacture in Bond
20.4 Licensing of Public, Private and Special Warehousing
20.5 Step by Step Approach to Start Manufacturing in Bond
20.6 Clearance of Warehoused Goods
20.7 Maintenance of records and filing monthly returns
Manufacture in Bond
SLOB Mapped against the Module
1. To acquire adequate knowledge relating to valuation and duty calculation, remission and refund under
Customs Act and Rules.
2. To facilitate strategic decision making by appropriate management of various indirect tax issues.
Introduction 20.1
C
entral Board of Indirect Taxes and Customs has launched a revamped and streamlined program to
attract investments into India and strengthen Make in India through manufacture and other operations
under bond scheme, under Customs Act, 1962. Section 65 of the Customs Act, 1962 enables conduct of
manufacture and other operations in a customs bonded warehouse.
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 with no interest
liability. If these imported inputs are utilised for exports after manufacture, 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 or imported goods cleared in the domestic market (ex-bonding). 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 goods used, the
GST on the finished goods can be zero-rated.
Who is eligible for applying for manufacture and other operations in a bonded warehouse:
The following persons are eligible to apply for manufacture and other operations in a bonded warehouse, -
(i) A person who has been granted a licence for a private warehouse under Section 58 of the Customs Act, in
accordance with Private Warehouse Licensing Regulations, 2016.
(ii) A person can also make a combined application for licence for a warehouse under Section 58, along with
permission for undertaking manufacturing or other operations in the warehouse under Section 65 of the
Act.
The persons mentioned have to be a citizen of India or an entity incorporated or registered in India.
There is no physical control of a unit licensed under Section 65 and Section 58 of the Customs Act, 1962, on a
day-to-day basis. The unit will be subject to risk-based audits.
T
hrough 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.
Example 1
M/s X Inc. a leading Japanese automobile manufacturer incorporated and intends to manufacture vehicles in
India. They file an application for licensing a facility near Nagpur, Maharashtra and imported inputs for production
like airbags, gearboxes, and capital goods. The duty on such imports is deferred, which provides additional capital
support to the manufacturer. The manufacturer exports 70% of the total produced vehicles and deferred duty on
that portion is waived while deferred Customs 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.
Warehousing period: As per section 61 of the Customs Act, 1962 period of warehousing has been suggested in
the following lines:
Warehoused
goods
Interest
No interest Till their
@ 15% p.a. Till their clearance
is payable clearance
is payable
No interest is No interest is
payable payable
Section 64 of the Customs Act, 1962, Owner’s right to deal with warehoused goods:
W.e.f. 14-5-2016 The owner of any warehoused goods may, after warehousing the same:
(a) inspect the goods;
(b) deal with their containers in such manner as may be necessary to prevent loss or deterioration or damage to
the goods;
(c) sort the goods; or
(d) show the goods for sale.
Note: Since physical control has been abolished, there is no need of obtaining sanction on payment of MOT
charges.
Step 4: Approved:
Start manufacturing or other operations in a Bonded Warehouse.
Note:
(1) Annexure-A: 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.
(2) Annexure-B: Form to be maintained by a unit operating under section 65 of the Customs Act for the receipt,
processing and removal of goods.
(3) Annexure-C: General Bond (To be executed under sub-section (2) of Section 59 of the Customs Act, 1962
by a unit operating under section 65 of the Customs Act 1962).
Section 65 of the Customs Act, 1962 Manufacture and other operations in relation to goods in a warehouse:
With the permission of the Principal Commissioner of Customs or Commissioner of Customs and subject to
such conditions and subject to such conditions and on payment of such fees as may be prescribed, the owner of
any warehoused goods may carry on any manufacturing process or other operations in the warehouse in relation
to such goods.
The Indian Government has set its sights on turning India into a global manufacturing hub and achieving the
goals of “Make in India” and “Atma Nirbhar Bharat”. One such initiative was the introduction of the Manufacture
and Other Operations in Warehouse Regulations (‘MOOWR’) Scheme.
As per the amendment to Section 65 of the Customs Act, the owner of the warehoused goods can carry on such
manufacturing process or other operations subject to Section 65A of the Customs Act. However, Section 65A of
the Customs Act has been inserted to provide for payment of IGST and Compensation Cess while depositing the
goods in warehouse for carrying out manufacturing and other operations as per Section 65 of the Customs Act.
ordinarily paid certain taxes) to provide for payment of IGST and Compensation Cess while depositing the goods
in warehouse for carrying out manufacturing and other operations as per Section 65 of the Customs Act.
As per Section 65A(B)(i) of the Customs Act the importer will, after the Finance Bill 2023 comes into force,
need to file a BOE for home consumption (instead of a BOE for warehousing) even for the purpose of depositing
the goods in warehouse. Consequently, the importer, while filing such BOE for home consumption has to pay IGST
and Compensation Cess.
Further, the transfer of goods from one warehouse to another in terms of Section 67 of the Customs Act, will
only be permitted upon filing of a BOE for home consumption and on payment of IGST and Compensation Cess.
Section 65A of the Customs Act is applicable prospectively inasmuch as it will not be applicable to goods which
have already been deposited to the warehouse prior to notifying of Section 65A.
The Central Government has retained the power to exempt certain categories of goods, importers or exporters or
industry from the purview of Section 65A of the Customs Act.
Note: Finance Bill, 2023 has been passed by Parliament and became Finance Act, 2023 on 31-3-2023, after
receiving assent of President. Some changes have become effective from 1-4-2023. Provisions in respect of section
65A of Customs Act will be effective from date to be notified.
New section 65A of the Customs Act, 1962 have not become effective till 30th November 2023.
Clearance of Warehoused
20.6
Goods
Clearance of
Warehoused Goods
If licensees fail to comply with any of the provisions of these regulations, they shall be liable to pay penalty in
accordance with the provisions of the Customs Act, 1962.
Illustration 1
Can a unit undertaking manufacture and other operations in a bonded warehouse import inputs without payment
of duty? If yes, whether only BCD or both BCD and IGST on imports is covered? For how long is duty deferment
available? Is interest payable after some time?
Solution:
Manufacture and other operations in a bonded warehouse is a duty deferment scheme. Thus, both BCD and IGST
on imports stand deferred. In the case of goods other than capital goods, the import duties (both BCD and IGST)
stand deferred till they are cleared from the warehouse for home consumption, and no interest is payable on duty.
In case the finished goods are exported, the duty on the imported inputs (both BCD and IGST) stands remitted i.e.
they will not be payable. The duty deferment is without any time limitation.
Illustration 2
Is import of raw material without BCD and IGST allowed? Will there be any interest obligation if IGST is paid
when finished goods are sold in domestic markets?
Solution:
Inputs/raw materials can be imported and deposited in the licensed warehouse without payment of BCD and
IGST. No interest liability arises when the duties are paid at the time of ex-bonding the resultant goods. The duties
(without any interest) are to be paid only when the resultant goods are being cleared for home consumption.
Illustration 3
Would it be mandatory to appoint a warehouse keeper in the factory licensed under Section 65 of the Customs
Act? Would all goods cleared from the said factory be subject to inspection by the warehouse keeper/ Customs
authorities?
Solution:
A warehouse keeper has to be appointed, for a premise to be licensed as a private warehouse under Section 58
of the Customs Act. The warehouse keeper is expected to discharge duties and responsibilities, maintain accounts
and also sign the documents, on behalf of the licensee. The warehouse keeper is expected to supervise and satisfy
himself about the veracity of the declaration/accounts that he is signing. The inspection of goods by customs at
the stage of ex-bonding would be done, only if there is indication of risks and not as a matter of routine practice.
Approval of the bond officer is not required for clearance of the goods from the warehouse.
Illustration 4
What are the customs document/ form for movement of imported goods on which duty has been deferred to/ from
a unit undertaking manufacture and other operations in a bonded warehouse? Are such goods required to be under
customs escort during their movement?
Solution:
Following are the customs document for movement of imported goods on which duty has been deferred to/ from
a unit undertaking manufacture and other operations in a bonded warehouse:
(i) Customs Station to Section 65 unit: Bill of entry for warehousing. It is clarified that no separate form is
prescribed for movement from Customs station to Section 65 unit as the goods are already accompanied
by the Bill of entry for warehousing.
(ii) From another warehouse (non-Section 65) to a Section 65 Unit: Form for transfer of goods from a
warehouse as prescribed under the Warehoused Goods (Removal) Regulations, 2016. This is because
warehouse which is not a Section 65 unit has to follow the Warehoused Goods (Removal) Regulations,
2016.
(iii) From Section 65 Unit to another warehouse (the other warehouse can be a Section 65 unit or a non-Section
65 warehouse): Form prescribed in Manufacture and Other Operations in Warehouse (no. 2) Regulations,
2019.
The goods will not be under customs escort during movement.
Illustration 5
If the imported capital goods are cleared for home consumption after use, is depreciation available?
Solution:
No. Depreciation is not available if imported capital goods (on which duty has been deferred) are cleared for
home consumption after use in a Section 65 unit.
Illustration 6
If the imported capital goods are cleared for export after use, is depreciation available?
Solution:
The imported capital goods (on which duty has been deferred) after use in a Section 65 unit can be exported
without payment of duty as per Section 69 of the Customs Act. For the purposes of valuation of the export goods,
the same will be as per the Section 14 of the Customs Act read with the Customs Valuation (Determination of Value
of Export Goods) Rules 2007.
Illustration 7
What are the procedure and documentation requirements for re-entry of manufactured goods, returned by the
customers for repair, in the premises?
Solution:
Once the goods are cleared from the warehouse, they will no longer be treated as warehoused goods. Thus if the
resultant goods cleared from the warehouse are returned by the customer for repair, they will be entered as DTA
receipts (this is provided in the accounting form). After repair, when the same is cleared from the warehouse, the
same will be entered in the prescribed accounting form. If the goods were exported and subsequently rejected or
sent back for repair by the customer, then the goods upon re-import have to be entered as Imports receipts in the
accounting form. The relevant customs notification for re-imports has to be followed while filing the Bill of Entry
for re-import of the goods.
Illustration 8
What is the procedure for surrender of licence for a Section 65 unit?
Solution:
Since the unit operating under Section 65 is also licensed as a Private Bonded warehouse under Section 58 of
the Customs Act, the procedure for surrender of licence will be as per the regulation 8 of the Private Warehouse
Licensing Regulations, 2016.A licensee may therefore, surrender the licence granted to him by making a request
in writing to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be. On receipt
of such request, the licence will be cancelled subject to payment of all dues and clearance of remaining goods in
such warehouse.
Illustration 9
Vipul imported certain goods in December 2024. A ‘Thrice the duty bond’ bill of entry was presented on 14th
December 2024 and goods were cleared from the port for warehousing. Assessable value on that date was US
$1,00,000. The order permitting the deposit of goods in warehouse for four months was issued on 21st December
2024. Vipul deposited the goods in warehouse on the same day but did not clear the imported goods even after the
warehousing period got over on 20th April 2025.
A notice was issued under section 72 of the Customs Act, 1962, demanding duty, interest, and other charges. Vipul
cleared the goods on 14th May 2025. Compute the amount of duty and interest payable by Vipul while removing
Working note:
Exercise
A. Theoritical Questions
1. Section 58 the Principal Commissioner of Customs or Commissioner of Customs may, subject to such
conditions as may be prescribed, license a _________wherein dutiable goods imported by or on behalf
of the licensee may be deposited.
(a) private warehouse
(b) public warehouse
(c) special warehouse
(d) warehouse
2. When goods are transferred from one bonded facility to another, incidence to pay deferred duty is also
________to the owner of the new facility.
(a) Not transferred
(b) Transferred
(c) May be transferred to warehouse keeper
(d) Can not be transferred to owner of the warehoused goods
3. Preservation of physical and digital records by the Licensees namely owner of warehoused goods needs
to maintain update records and accounts accurately and preserve for a minimum 5 years from the date
of.
(a) removal of goods from the facility
(b) import of goods
(c) export of goods
(d) removal of goods from the place of job worker.
4. ____________grants the permission for manufacturing or other operations in the bonded facility.
(a) Assistant Commissioner of Customs
(b) Deputy Commissioner of Customs
(c) Additional Commissioner of Customs
(d) Commissioner of Customs
5. At present manufacture, and other operations in which bonded warehouse is not allowed?
(a) Public Bonded Warehouse
(b) Special Bonded warehouses
(c) Only Private Bonded warehouse
(d) Both (a) and (b)
Answer:
1. 2. 3. 4. 5.
a b a d d