SVB Clearance Is Not a Lifetime Approval

Many importers breathe easy once the Special Valuation Branch investigation is completed. The pricing is accepted, the order is passed, and the SVB report is neatly placed in the records. It feels like the end of a long and uncomfortable process. But in reality, SVB clearance is not permanent. It is only valid as long as the facts remain exactly the same. This is where most importers get caught off guard.

Why SVB Clearance Has a Built-In Expiry

SVB exists to examine whether related party import prices are at arm’s length. Once the investigation is completed, Customs accepts the declared valuation based on the facts presented at that time. However, Para 10 of Circular No. 5/2016 issued by the Central Board of Indirect Taxes and Customs makes it very clear that this acceptance is conditional. If business circumstances change, the earlier clearance loses its relevance. Customs expects the importer to proactively report such changes without waiting for a query or audit.

Events That Reopen SVB Investigation

A fresh SVB investigation is triggered when there is a change in sale circumstances, a modification in the agreement between related parties, the introduction of a new related seller, a revision in royalty or licence fee rates, or any post-import price adjustment. These are not rare events. In real business life, agreements evolve, pricing models change and group structures expand. Yet many importers continue filing bills of entry assuming the old SVB order still protects them.

The Biggest Risk: Not Informing Customs

The real problem starts when these changes are not reported. In many cases, importers are not even aware that such reporting is required. Customs views this silence as deliberate suppression of facts. Once detected, the consequences are serious. Show cause notices are issued invoking the extended five-year limitation period. Penalty proceedings follow, and disputes often travel all the way up to CESTAT. What could have been a routine re-examination turns into a long and expensive litigation.

The Simple Compliance Solution

The solution is far more straightforward than most people think. The moment any trigger event occurs, the SVB must be informed. The jurisdictional officer examines the disclosure and decides whether a fresh investigation is required. If needed, Annexure A and Annexure B are called for and arm’s length pricing is examined again. This process may take time, but it keeps the importer on the right side of the law and avoids allegations of concealment.

Why Voluntary Disclosure Matters

Voluntary disclosure demonstrates compliance intent. It tells Customs that the importer is transparent and cooperative. On the other hand, non-disclosure creates the impression of evasion, even when there was no intention to understate value. In valuation matters, perception often drives proceedings. Importers who disclose early usually face a procedural review, while those who stay silent face enforcement action.

SVB Is an Ongoing Obligation, Not a One-Time Exercise

The biggest misconception around SVB is treating it like a one-time checkbox. In reality, SVB compliance continues as long as related party imports continue. Any material change in facts must be communicated. Importers who understand this treat SVB not as a hurdle but as a living compliance requirement.