In the event of his failing to do so, the EDD can be increased to 5% till such time the importer complies. It has been taken into consideration that ‘Extra Duty Deposit’ 1% of declared assessable value is being obtained from the importer for a period of 4 months during which time he is required to submit required documents and information to the SVB. The jurisdiction of the five SVBs is attached as Annexure F.ģ.2 The Board has reviewed the practice relating to levy of ‘Extra Duty Deposits’ (EDD) in cases where SVB investigations are undertaken.
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However, in cases where the import takes place through CHs of Mumbai / Delhi / Chennai / Kolkata / Bangalore, the importer will be free to select the SVB of the Customs House of import or the Customs House most proximate to the corporate office, as convenient to him. Accordingly, as & when imports requiring investigation by SVBs are noticed at any customs formation, the concerned Commissionerate shall after following the procedure laid down in this circular, transfer all relevant records to the jurisdictional SVB for investigations. After reviewing this arrangement from the point of view of convenience of the trade, it has been decided to continue with the same administrative arrangements. 11/2001 dated 23rd Feb 2001 laid down the jurisdiction of the SVBs, based upon the principle of location of the corporate office of the importer. DGoV shall also continue to qualitatively monitor investigation orders issued by SVBs.ģ.1 The SVBs are presently functioning at the Customs Houses at Bengaluru, Chennai, Kolkata, Delhi and Mumbai. DGoV shall continue to support the SVBs by issuing advisories on legal issues & guidance notes. Henceforth, the Special Valuation Branches shallįunction under the supervisory control of the jurisdictional Chief Commissioner/ Principal Commissioner/Commissioner. However, upon assessing the impact of the revised administrative arrangements and taking into consideration the suggestion of the industry that jurisdictional Chief Commissioner / Commissioner offer a convenient avenue for redressing grievances, it has been decided to withdraw the said circular with immediate effect.
29/2012 dated 7th of December, 2012, it had been decided to vest functional control over SVBs with the Director General of Valuation (DGOV), with effect from 1st January, 2013. Accordingly, after considering the above and the large number of SVB investigations pending in various Customs Houses, a need has been felt to streamline the procedures relating to investigations by SVBs.ģ. Board has also taken cognizance of the WCO’s Guide to Customs Valuation and Transfer Pricing (June 2015) and the fact that the circulars 1/98 and 11/2001 were based upon the Customs Valuation Determination of Price of imported goods), Rules, 1988, which have since been superseded by the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. However, trade and industry has been repeatedly representing regarding delays in finalisation of SVB investigations, continued uncertainty due to provisional assessments, increase in transaction costs due to extra duty deposits and burdensome procedure of renewal of SVB orders. 1/98 – Customs dated 1.1.98 and 11/2001-Customs dated, prescribing the procedure to be observed by the Custom Houses for referring cases to Special Valuation Branches and time lines to be followed for finalising such cases.Ģ. Detailed instructions were issued vide Circular Nos. The ‘Special Valuation Branch’ (hereinafter referred to as “SVB”) was created as an institution specializing in investigation of transactions involving special relationships between buyer – seller or those involving other special circumstances surrounding the sale of imported goods, both of which have a bearing on the assessable value. Sub: Procedure for Investigation of Related Party Import Cases and Other Cases by The Special Valuation Branches – reg.
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