TaxTMI 
TaxTMI 
Valuation (Customs) – Cases handled by Special Valuation Branch of the Custom Houses – Review of instructions
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....ta, Delhi and Mumbai and any decision taken in respect of a particular case in any of these major Custom Houses shall be followed by all other Custom Houses/formations. (b) The Special Valuation Branch of that major Custom House, (out of the 4 mentioned earlier) which is located proximate to the Head or Corporate Office of the importer (having special relationships etc. with the suppliers), would handle the investigation into valuation of such importer. Wherever in the declaration prescribed under the Customs Valuation (Determination of Price of imported goods), Rules, 1988 (hereinafter referred to as "Valuation Rules, 1988"), the importer has himself made an averment that the transactions are between related persons in accordance with Rule 2(2) of the Valuation Rules, 1988, and there is a, prima facie, justification for further enquiry, the concerned case of import may be referred to the SVB of the concerned Custom House, where a separate case file should be opened and a registration number assigned to the case. Similar reference to SVB to look into valuation on account of special relationship could be ordered by Commissioner concerned where though not disclosed by the impor....
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.... 5. There should be greater co-ordination amongst the SVBs of the four Custom Houses which undertake investigations in case where special relations between the importer and supplier exist or in cases referred to in paragraph 2 above. The information available, showing special relationship in respect of a supplier and importer, under investigation in any SVB needs to be shared amongst the four Custom Houses on a regular basis. Once a case is registered by the SVB of one of the 4 Custom Houses, detailed information regarding the same alongwith PAN No. of the importer should be furnished to the Directorate of Valuation for maintaining a Central Registry. The Directorate of Valuation will also circulate such details through the monthly Valuation Bulletins to all Custom Houses, so that imports effected at any Custom House in such cases under investigation by SVB are undertaken provisionally and interests of revenue are safeguarded. 6. The procedure so far being adopted for registration and subsequent investigation of the cases may continue to be followed. The requirement of furnishing information and the formats of the sample questionnaire, as also....
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....ed. 10. Furthermore, where provisional assessment is being resorted to, the investigation and finalisation of the assessment must be completed within four months from the date of reply. If no decision is taken within 4 months, the extra duty deposit should be discontinued and the concerned Deputy Commissioner/Assistant Commissioner will be held responsible for inexplicable delay in finalisation. 11. It has been reported that the Declaration forms prescribed for valuation purposes are being filled up in a very casual manner by the importers leaving many columns blank. All the assessing officers must be directed to ensure correct filling up of these forms including reference to the relevant B/E before they allow individual clearances after provisional assessment. (The declaration form is being revised to include details of the ports/ICDs through which the imports will be effected). Annex-A Questionnaire to be filled by importers who are related to the foreign suppliers 1. Name of the importer with fill address of the Head or Corporate Office registered office, administrative office/ factory and PAN No 2. Whether the impo....
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....e importer and the supplier of the imported goods, together, are in a position directly or indirectly, to exercise restraint over a third person, legally or operationally, in any manner? Details as per (b) and (c) of (9) above. 13. Whether the import and the supplier of the imported goods are members of the same family? 14. (a)Whether the importer is a sole agent, distributor or indentor appointed by the foreign suppliers (b) Give full particulars of all the suppliers of goods from outside India for whom the importer acts as agent/distributors/Indentor? 15. Whether the import is a branch or subsidiary of the supplier of the import goods? (The words subsidiary) has the same meaning here as in section 4 of the Companies Act.) 16. (a)Whether the import is engaged in the local manufacture of any products of the suppliers of the importer goods? (b),If yes, whether the imported items are used in such manufacture? (c) If yes, whether the imported items are manufactured or exclusively supplied by the suppliers? (d) Whether the product manufactured by the import using the imported goods is sold under a trademark, design or patent owned or controlled by the supplier of the go....
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....om the supplier of the imported goods, e.g. advertising, propaganda expenses or any other expenses for the promotion of sale of the imported goods. 29. Whether the supplier of the goods supplies identical, similar or connected items to buyers branches / collaborators in other countries? If yes, prices at which such transaction have taken place, for the last one year. List of Documents required to be submitted by the importer. A. In case of sole agent / sole distributor / sole concessionaire 1. Agency agreements of the importer with any person. 2. Specimen copies of the import invoices and bill of entry. 3. Specimen copies of invoices for import of identical, similar or connected goods by this party through the present importer. 4. Specimen copies of invoices for import of identical, similar or connected goods by a company associated with the importer. 5. Commissioner notes and credit notes in case of amounts received from outside India. 6. Annual reports of the importer's business concern for the last three years. 7. Price lists for import and sale of the imported goods. 8. Statement regarding percentage of shareholding of / in any Indian company al....