The Special Valuation Branch (SVB) investigates import transactions between related parties to determine if the relationship influenced the invoice price. Importers related to their supplier per the Customs Valuation Rules must register with SVB. SVB examines factors like identical goods prices, deductive value, computed value, or residual method to determine the proper assessable value. Importers must submit documents responding to SVB questionnaires, and assessments are provisional until SVB makes a final ruling, which generally lasts 3 years before renewal is required.
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods.In this webinar, we shall know when an assessment can be made and when shall an appeal be made before a commissioner, High Court and Supreme Court.
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods. Goods imported at any particular custom station may either be cleared for home consumption or for warehousing. In this webinar we shall be learning about the provisions related to warehousing of goods under customs.
GST is a vast subject. Some feel that the goods rates have increased whereas some feel its reduced & some are confused thinking that how are they benefited from the implementation of GST
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall understand the provisions relating to clearance of imported and export goods which are in the custody of the Custodian.
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods.In this webinar, we shall know when an assessment can be made and when shall an appeal be made before a commissioner, High Court and Supreme Court.
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods. Goods imported at any particular custom station may either be cleared for home consumption or for warehousing. In this webinar we shall be learning about the provisions related to warehousing of goods under customs.
GST is a vast subject. Some feel that the goods rates have increased whereas some feel its reduced & some are confused thinking that how are they benefited from the implementation of GST
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall understand the provisions relating to clearance of imported and export goods which are in the custody of the Custodian.
Procedures to claim refund, rebate and duty drawback under customsDVSResearchFoundatio
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall understand the procedures to be followed while claiming refunds, rebate and duty drawback under customs law.
Objectives & Agenda :
The Regulations under FEMA regulate the Import transactions of Goods, Services and Currencies. In this Webinar we shall understand the Definition of the term 'Import', 'Services' and 'Currencies'. We will also look at various procedures and compliances involved while Importing goods or services or currencies.
360 degree analysis of block credit in relation to vehicle , vessels and aircraft includes amendment which are effective from 01.02.2019 in their relation
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods. Custom Duty is valued based either on specific duty or Ad valorem. In this webinar, we will be understanding the provisions of Valuations under Customs Duty.
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall understand the types customs duty levied and the duty drawback allowed under the customs law.
Show Cause Notices, Adjudication & Introduction to Appeals under GSTGST Law India
This presentation gives a detailed information on show cause notices, reply to SCN, identification of deficiencies in SCN, the scope of writ, the procedure for adjudication under GST and lastly how to file appeal - drafting, its effect, and remedy.
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July, 2017 which was one of the most important reforms in the Indian Economy. Timely refund mechanism is essential in tax administration, as it facilitates trade through the release of blocked funds for working capital, expansion and modernisation of existing business. In this webinar, we shall understand and analyse the provisions related to Refund under the GST law.
Procedures to claim refund, rebate and duty drawback under customsDVSResearchFoundatio
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall understand the procedures to be followed while claiming refunds, rebate and duty drawback under customs law.
Objectives & Agenda :
The Regulations under FEMA regulate the Import transactions of Goods, Services and Currencies. In this Webinar we shall understand the Definition of the term 'Import', 'Services' and 'Currencies'. We will also look at various procedures and compliances involved while Importing goods or services or currencies.
360 degree analysis of block credit in relation to vehicle , vessels and aircraft includes amendment which are effective from 01.02.2019 in their relation
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods. Custom Duty is valued based either on specific duty or Ad valorem. In this webinar, we will be understanding the provisions of Valuations under Customs Duty.
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we shall understand the types customs duty levied and the duty drawback allowed under the customs law.
Show Cause Notices, Adjudication & Introduction to Appeals under GSTGST Law India
This presentation gives a detailed information on show cause notices, reply to SCN, identification of deficiencies in SCN, the scope of writ, the procedure for adjudication under GST and lastly how to file appeal - drafting, its effect, and remedy.
OBJECTIVE
Goods and Services Tax (GST) is an Indirect Tax levied in India introduced in July, 2017 which was one of the most important reforms in the Indian Economy. Timely refund mechanism is essential in tax administration, as it facilitates trade through the release of blocked funds for working capital, expansion and modernisation of existing business. In this webinar, we shall understand and analyse the provisions related to Refund under the GST law.
Emprender en Argentina: 8 creencias y algunas experienciasRoberto Allende
La charla se centra en dos preguntas a las cuales se intenta responder desde la perspectiva de un emprendedor cordobes: Que significa emprender en Argentina. Que habilidades tiene que tener un emprendedor.
Administrative Mechanism in India for Valuation of Related Party Imports- Per...Economic Laws Practice
At the heart of Customs law lies the quest to appropriately determine the pricing of goods sought to be imported or exported out of a jurisdiction. It is so because pricing has a direct bearing on the local customs duty paid on imports/exports. More important however, is the process of importation between “related entities” which invites deeper scrutiny and review by jurisdictional Customs Authorities. This is to satisfy that the relationship between the parties, has not influenced the pricing of the imported goods thereby impacting the revenue of the Government in question.
This pertains to the GST law specifically for IT organisations. This shall help one to quickly understand the law, the transition provisions, certain dos and donts, and the immediate deliverables.
Scrutiny & audit under GST - Dr Sanjiv AgarwalD Murali ☆
Scrutiny & audit under GST - Dr Sanjiv Agarwal - Article published in Business Advisor, dated December 10, 2016 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
GST AUDIT and its Impact on Statutory Audit/Tax AuditGST Law India
The following presentation enumerates the Auditor’s Comments on the correctness of Valuations including transaction value, Section 15 provisions, Valuation Rules, Value of supply of services in case of pure agent, Reimbursement of expenses and Margin scheme and other special valuations.
The purpose of this chapter is to outline the guidance surrounding the requirement to issue a tax invoice. A tax invoice is a written paper or electronic document which records the details of a taxable supply which has been made. The issue of a valid tax invoice is important for suppliers as it may be used to dictate the date of supply, and therefore determines the tax period in which the output tax should be accounted for.
The receipt of a valid tax invoice is important for recipients of supplies as it is the primary documentary evidence used to support the recovery of VAT incurred as input tax.
Decoding Notification No. 40-2017-CT & 41-2017-ITPriyank Shah
Hello Friends,
Many a times our clients miss the small procedures laid down under various notifications which have a considerable impact on tax outflow at a later stage.
Notification No. 40/2017-Central Tax & 41/2017-Integrated Tax dt.23rd October 2017 are two of such notifications providing conditional benefits to tax payers. We have herewith tried to simplify the understanding of benefits, procedures and it's implications under the said notifications. We have also highlighted the procedure for claiming refund of ITC on such supplies as clarified by the department from time to time.
Hope the content will be useful for the readers.
"In the times where acquisitions and buyouts are trending, the field of due diligence emerges as one of the most relevant fields. Prima facie, without delving in"
TaxGuru is a platform that provides Updates On Amendments in Income Tax, Wealth Tax, Company Law, Service Tax, RBI, Custom Duty, Corporate Law , Goods and Service Tax etc.
To know more visit https://taxguru.in/corporate-law/process-due-diligence.html
"In the times where acquisitions and buyouts are trending, the field of due diligence emerges as one of the most relevant fields. Prima facie, without delving in"
TaxGuru is a platform that provides Updates On Amendments in Income Tax, Wealth Tax, Company Law, Service Tax, RBI, Custom Duty, Corporate Law , Goods and Service Tax etc.
To know more visit https://taxguru.in/corporate-law/process-due-diligence.html
A VAT audit is the FTA’s assessment of a company about its responsibility as a taxable person. The audit ensures that a company has fully captured the input and output tax on its all vatable transactions. This audit is conducted to ensure that the tax liability is calculated correctly and paid in full within the stipulated timeframe. The FTA also assesses a company whether they are fulfilling all responsibilities that apply to its business as per the VAT law.
The FTA can conduct the audit within 5 years for any business, but in some circumstances, the FTA has the right to extend the time frame for the audit and record-keeping.
2. Special Valuation Branch is a Branch of the Custom House
specializing in investigating the transactions involving relationship
between the supplier and the importer and certain other special
features like Technical Collaboration between the parties, etc.
Special Valuation Branch examines the influence of relationship on
the invoice value of the imported goods in respect of transactions
between related parties. In respect of Technical Collaboration
Agreements and Joint Venture Agreements, the terms and
conditions of these agreements are examined to arrive at the
conclusion, whether the existence of such agreement has
influenced the invoice value of the imports.
3. Importers who are related to the supplier in terms of Rule 2(2) of the Customs
Valuation Rules are required to register with SVB. Rule 2(2) of the Customs Valuation
Rules is as follows:-
Rule 2(2): For the purpose of these rules, persons shall be deemed to be "related" only if:-
i) they are officers or directors of one another's businesses
ii) they are legally recognized partners in business;
iii) they are employer and employee;
iv) any person directly or indirectly owns, controls or holds 5 per cent or more of the
outstanding voting stock or shares of both of them;
v) one of them directly or indirectly controls the other;
vi) both of them are directly or indirectly controlled by a third person;
vii) together they directly or indirectly control a third person;
viii).they are members of the same family.
Explanation I - The term "person" also includes legal persons
Explanation II- Persons who are associated in the business of one another in that one is the sole
agent or sole distributor or sole concessionaire, however described, of the other shall be deemed
to be related for the purpose of these rules, if they fall within the criteria of this sub-rule.
Apart from the above, those who are having Collaboration Agreement, Technical Assistance
Agreement or any other agreement / contract with the foreign supplier are also required to register
with SVB.
4. The procedure for registration/finalization is given in CBEC Circular No.11/2001-Cus
dated 23.02.2001,.
The importer who is related to the supplier furnish a declaration about the relationship
at the time of filing of Bill of Entry in the Appraising Group.
On examination of the circumstances of sale and keeping in view the invoice value of
identical or similar goods, the group will make a reference to Special Valuation Branch
for further investigation of influence of relationship on assessable value.
If the importer is able to furnish evidence of the transaction value of identical or
similar goods in respect of sales to unrelated buyers in India at the same price, then
there is no need for any reference to Special Valuation Branch and the Bill of Entry
will be assessed finally based on those contemporaneous import values. If there are no
contemporaneous imports, and there is no way to compare the values at the time of
assessment of the Bill of Entry, then a reference is made to Special Valuation Branch.
5. A prima facie case exists for investigation by the SVB where the importer
is not able to provide evidence to the effect that the price has not been
influenced by the relationship or where the importer is not able to
demonstrate that the price for the said goods closely approximates to one
of the following values ascertained at or about the same time –
(i) the transaction value of identical goods, or of similar goods, in
respect of sales to unrelated buyers in India;
(ii) the deductive value for identical goods or similar goods; and
(iii) the computed value for identical or similar goods.
(iv) residual Method
6. Value of Similar/ identical goods
– Can be restored to if price at which identical/ similar goods are sold to
unrelated buyers in India are available
– In practice, such values are either not available or are higher than the
transaction value
– Authorities can reject such value on various grounds such as
Quality factors
Commercial factors
Both commercial and quality factor
Deductive value
– Can be used where the importer is able to work backwards after deducting
profit margins, general expenses, freight and insurance, duties/taxes etc.
– Authorities can reject this method if profit margin or any other deduction
shown by the importer is not consistent with those prevalent in the
industry in question.
7. Computed value
– Can be used where the seller is prepared to supply to the authorities the
necessary costing of the export goods and to provide facilities for any
subsequent verification which may be necessary
– In practice, seller is seldom ready to furnish the information regarding his
commercial accounts
Residual method
– Used when none of the above methods are applicable
– Valuation is done according to the best judgment of SVB.
8. The importer is required to submit replies to the questionnaire to the CBEC Circular
11/2001-Cus dated 23.02.2001 (issued as PN 68/2001 dated 02.04.2001) and furnish
all the documents listed in Annexure thereto.
The importer shall indicate the PD Circular No. at the time of provisional assessment
of all their imports in the Appraising Group and execute PD Bond with 1% Extra
Duty Deposit on the assessable value of the goods.
If the importer does not furnish complete reply to the Questionnaire within 30 days
of receipt of the 'Questionnaire' by the importer, the extra duty deposit will be
increased to 5% till the date of receipt of reply by the Department.
9. On receipt of replies to questionnaire and other documents, the SVB
will examine the same and call for any other additional information
that is required.
On completion of submission of the documentation and written
submissions, the Importer shall be granted an opportunity of being
heared and a personal hearing shall be granted before the Asst/
Deputy Commissioner, Customs.
Once the case is finalized by the Special Valuation Branch, the
provisional assessments pending in the Appraising Groups will be
finalized and the extra duty deposit paid at the time of provisional
assessment will be adjusted in accordance with the SVB order.
In all cases of loading, it is mandatory for the importer to quote
Order in Original No. of SVB and indicate the percentage of loading
at the time of filing of each Bill of Entry by them. If they do not
quote the Order No. and the loading factor, it will be construed as
misdeclaration on the part of importer and dealt with in accordance
with the provisions of Customs Act.
10. Normally, the order issued by the SVB is in operation for a period of 3 years.
The order by SVB is passed based on the replies / documents furnished by
the importer.
If the importer is having continuous imports over a period of time extending
beyond 3 years, he has to file replies and documents at least 3 months before
the completion of 3 years, so as to take up the renewal of the case.
If there is no change in the terms and conditions of the agreement, or
pattern of invoicing, the same shall be specifically stated by the importer in
the form of an affidavit.
On examining these documents, the SVB order issued in the past will be
renewed for a further period of 3 years.
If there are no imports from the related supplier beyond a period of 3 years,
there is no need for renewal of the circular and the file will be closed in SVB.
11. In all cases where the importer is aggrieved by the order passed by SVB, he may
file an appeal to Commissioner of Customs (Appeals), against that order. This
right of appeal is also indicated in the preamble attached in the order in original
12. For any further clarifications and doubts you may contact us at Email:
jeevesh@mavenlegal.net or Call us on +919811617186.
Office : E 149, FF Rishi Nagar, Delhi- 110034
Phone : 011 27030181-82, Fax: 011 27030183
Mail: admin@mavenlegal.net