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Valuation of second hand machinery - Customs - 07/2020

Extract

..... DGFT vide O.M. No. 01/93/180/51/AM-16/PC II(B)/E-1500/176 dated 3rd September 2019, has clarified that PSIAs are meant only for certifying that consignments of metal scrap are free of radio-active agents and explosives. The PSIAs are not required to be qualified as engineers. Also, ascertaining the age of a second hand machine is an engineering exercise and can be performed only by a qualified Thus. certifying the age of machines is beyond the jurisdiction of PSIAs. 4. After due consideration of clarification from DGFT and representations made by trade. Board has decided that henceforth for inspection/appraisement of second hand machinery, the following procedure shall be followed: 4.1 Where used second hand machinery is sold for export to India and the sale meets all of the requirements set out in Customs Valuation (Determination of Value of Imported Goods) Rules 2007, the price paid or payable for the goods is to be used as the basis for determining the assessable value. 4.2 However, it is frequently the case that as part of an arrangement, separate from the contract of sale, the second hand machineries are reconditioned, refurbished, modernized, or otherwise improved prior to th .....

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Valuation of second hand machinery - Customs

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..... le 9, and the need to ensure that the approach applied reflects commercial reality and results in a value which is fair, and is arrived through uniform processes by all Custom Houses, it is felt that it is necessary to obtain inspection/appraisement reports from qualified neutral parties. 4.8 For this purpose, the Board has decided that Inspection/Appraisement Reports issued by Chartered Engineers, or their equivalent, based in the country of sale of the second hand machinery shall be accepted by all Custom Houses. For the purposes of uniformity,the format in which inspection/appraisement reports shall be prepared by the Chartered Engineer is annexed to this circular. In the event that an importer does not produce an inspection/appraisement report in the prescribed format from the country of sale, he shall be free to engage the services of any Chartered Engineer from those empanelled by the Custom House of the port of import. 4.9 No Custom House shall require any importer to have an inspection/appraisement report of second hand machinery from a particular Chartered Engineer. The importer shall be free to select any chartered engineer, empanelled by the Custom House for the respecti .....

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Valuation of second hand machinery - Customs

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..... h comparison, Rule 12 of the CVR, 2007 requires that the proper officer shall seek an explanation from the importer justifying the declared value. The proper officer may then evaluate the evidence put forth by the importer and after giving due consideration to factors such as depreciation, refurbishment or reconditioning (if any), and condition of the goods, determine whether the declared transaction value conforms to Rule 3 of CVR, 2007. Otherwise, the proper officer may proceed to determine the value of the goods, sequentially, in terms of rule 4 to 9. 7. Circular No. 25/2015 dated 15th October, 2015 stands superseded with the issue of this circular. 8. Clarification, if any, may be sought from the Board. 9. Hindi version follows. Yours faithfully, (Mandeep Sungha) Joint Commissioner (Customs) Form A (Refer Para 6 (b) of Circular No.07/2020-Customs dated 05th February 2020) [On the letter head of the Chartered Engineer/Firm or an equivalent entity in the country of sale) 1. I, _________________ (name of chartered engineer) hereby certify that I have carried out an inspection of the used machinery covered under invoice no. _____________ dated _______________ issued by ____________ .....

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Valuation of second hand machinery - Customs

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..... details and copies. e) The following means/aids/technical references material have been used for inspecting the goods: (i) ____________________________ (ii) ______________________________ (iii) ________________________________ 3. I/We hereby declare that the particulars and statements made in this certificate are true and correct. Date ______ Signature _______________ Seal of the Inspecting Agency Name of the Inspecting Person/Inspector_____ Designation___________________ Address (Office)________________________ E-mail Address_________________________ Phone Number_________________________ Instructions: 1. This certificate shall be presented before Indian Customs by the importer of the second hand machine (s) as a part of the import declaration under Customs Act, 1962. which is a legal declaration. 2. The Chartered Engineer/Chartered Valuer/ Qualified Expert must enclose a copy of the certificate issued by a national body which qualifies him to perform such appraisement/inspection. 3. The photograph of the Chartered Engineer/ Chartered Valuer/ Qualified Expert shall be affixed to this report. Form B (Refer Pare 6 (d) of Circular No.07/2020-Customs dated 05th February 2020) [On the .....

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..... t? If yes, please indicate the charges_______ (xv) Is/are any catalogues/documentation of the machine available? If yes. please provide the details and copies. d) The following means/aids/technical reference material have been used for inspecting the goods: i) _____________________________ ii) ______________________________ iii) _______________________________ 3. I/We hereby declare that the particulars and statements made in this certificate are true and correct. Date ______ Signature _______________ Seal of the Inspecting Agency Name of the Inspecting Person/Inspector_____ Designation___________________ Address (Office)________________________ E-mail Address_________________________ Phone Number_________________________ Instructions: 1. This certificate shall be presented before Indian Customs by the importer of the second hand machine (s) as a part of the import declaration under Customs Act. 1962. which is a legal declaration. 2. The Chartered Engineer must enclose a copy of the certificate issued by the institute of Chartered Engineers, which qualifies him to perform such appraisement/inspection. 3. Please attach copy of Customs House letter authorising you/your firm as an emp .....

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