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Dear Professional Colleague,

Greetings for the Day !


Central Board of Indirect Taxes and Customs has notified the following draft rules pertaining to Customs Valuation of imported goods and demanded suggestions thereon.

 

Background

Attention is invited to the recent amendment in Section 14 of the Customs Act, 1962. This amendment enables the Board to specify the additional obligations of the importer in respect of a class of imported goods whose value is not being declared correctly, the criteria of selection of such goods, and the checks in respect of such goods.

This amendment is a measure to address the issue of undervaluation in imports.

 

Highlights of the draft rules

  • Notification of identified goods

Where in respect of any class of imported goods, or subset thereof, the Board, having regard to the trend of declared value of such goods or any other relevant criteria, has reason to believe that such goods may not be declared at their accurate value, the Board may notify such goods as identified goods.

 

- Procedure for the Notification of undervalued goods

  • Detailed written reference shall be made to it electronically by any person having reason to believe that the value of any class of imported goods or subset thereof may not be declared truthfully or accurately. This reference shall be forwarded electronically by the Board to the Screening Committee.
  • The Screening Committee shall make preliminary examination of the reference. The reference, or part thereof, found suitable for detailed examination shall be comprehensively examined by the Evaluation Committee. Detailed report of the Evaluation Committee shall be sent to the Screening Committee.
  • Where the Screening Committee concludes the likelihood that the value of the relevant class of goods or subset thereof may not be declared truthfully or accurately, it shall, within 15 days of the said report, forward its detailed recommendations to the Board.
  • The Board shall consider the recommendations, and it may issue Notification specifying the identified goods.

 

  • Exceptions.-

These rules shall not be applied to –

  • imports not involving duty;
  • goods for which tariff value has been fixed by the Board;
  • goods that attract import duty on specific rate basis;
  • imports where buyer and seller are related and an investigation on relationship has already been contemplated or finalized;
  • Project imports;
  • imports by Government, Public Sector Undertakings;
  • imports made in non-commercial quantities;
  • goods imported for the purpose of re-export; or
  • imports specified by the Board.


Hope you find it interesting and useful to read.

For any clarification/ feedback, feel free to write us at amrg@amrg.in.


Best regards,

AMRG Team


   


About Us

AMRG & Associates is an established Chartered Accountants firm. It came into existence in 1984 and since then has grown its branches across major Indian cities such as Delhi, Mumbai and Chandigarh. Since its inception, it has become one of the leading chartered accountants’ firms in North India. AMRG & Associates offers its clients a wide range of exceptional services through the expertise of its highly motivated group of trained professionals. The firm provides expertise in financial and business advisory, tax and regulatory, audit and assurance and risk advisory services.

AMRG & Associates has a client base of 200+ companies & individuals. The firm's approach to service delivery helps to provide value-added services to its wide clientele. Our differentiation is derived from a rapid performance based, industry-tailored and technology-enabled business advisory services delivered by talented professionals in the country.


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© -2022 AMRG & Associates All Rights Reserved. This document has been written for the general interest of our clients and professional colleagues and is subject to change. This document is not to be construed as any form of solicitation. It is not intended to be exhaustive or a substitute for legal advice. We cannot assume legal liability for any errors or omissions. Specific advice must be sought before taking any action pursuant to this document.


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