Law: Customs Act, 1969

Section: 25

(a) Customs Act (IV of 1969)--- ----S. 25---Determination of value of imported goods on basis of valuation advice---Principles. There is a judicial consensus that it is the function of Customs Authorities to determine value of imported consignment in terms of section 25 of Customs Act, 1969 and the Rules made thereunder. There is no provision in Customs Act, 1969 or its Rules, where Customs Authorities may make or have a fixed predetermined value of imported consignment in the form of valuation advice. issued by an Officer of Customs Department. It matters not whether the valuation advice is made with inquiry or with tise consent of the person affected by the valuation. Apparently, the valuation advice goes contrary to the provisions of section 25(1) of Customs Act, 1969, which provides that the transaction value to be Customs value of imported goods subject to the provisions of this Section and the Rules. If the transaction value as declared by the importer cannot be determined, the provisions of this section and the Rules provide an in-built mechanism for the Customs Authorities to determine the value of imported goods. Fixed valuation of imported goods by way of valuation advice obtained by any means cannot be made the basis for determining the value of imported goods each of which has to be dealt with and processed in accordance with section 25 of Customs Act, 1969 and the Rules and thereunder. In the present case, the valuation advice between parties may not be taken as conclusive evidence of valuation, and final assessment will he made of imported goods by Customs Authorities in accordance with the provisions of section 25 of Customs Act, 1969 and the Rules after providing clue opportunity to the importer to place material with regard to the value declared by it. It does not appear to be necessary for Customs Authorities to review or revise valuation advice, because it will be an exercise in futility as the reviewed or revised valuation advice again will not be the only basis for arriving at the valuation of imported goods as it valuation still, will have to be made under section 25 of Customs Act, 1969 and the Rules. This is the mandate of law, which has…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492