Law: Customs Act, 1969

Section: 25

(b) Customs Act (IV of 1969)-------Ss. 25 & 25-A(4) [as amended by Finance Act (XVI of 20I0)]--- Customs Rules, 2001, R. 1074--Valuation Rulings, issuance of---Limitation---Valuation Ruling under S. 25 of Customs Act, 1969 could not be issued after years of import---Valuation Ruling issued under S.25-A of Customs Act, 1969 would be applicable upto 90 days from date of its issuance---Person aggrieved by Valuation Ruling issued under S.25-A(4) of the Act could approach Director General Valuation for its revision or rescission after expiry of 90 days---Principles. (c) Customs Act (IV of 1969)-------Ss. 25 & 25-A---General Clauses Act (X of 1897), S. 24-A---Determination of Customs Value of imported goods---Provisions ofSs.25 & 25-A of Customs Act, 1969---Applicability---Scope. Section 25-A Customs Act 1969 is only an enabling section; it permits, but does not mandatorily require' a predetermination of customs value. The principle method of determining customs value is and must remain section 25. Section 25-A is not intended to be a substitute for section 25 nor can it be resorted to in such manner and with such frequency that it marginalizes the later provision. It is merely an adjunct to section 25 to be resorted to in appropriate circumstances and for an appropriate period. In enacting section 25A, the legislative intent was not to create a statutory bypass to the Valuation Agreement. Issuance of valuation ruling under section 25-A cannot be regarded as limited only to those cases where the department concludes that there is group under-invoicing, the section also cannot be used for wholesale determination of customs values. Such an approach would, in effect, transform the "determination" permissible under section 25-A to an impermissible "fixation" of value. This is an important point which must be keep in mind and may be relevant in appropriate cases when considering the vires of a Valuing Ruling. The Valuation Ruling must be determined using one of the methods of section 25 of the Act and valuation agreement at least three of those methods, the identical goods method, the similar goods method and the detective value method, required the value to…

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