TMI BlogCustoms (Assistance in Value Declaration of Identified Imported Goods) Rules, 2023 (CAVR, 2023)X X X X Extracts X X X X X X X X Extracts X X X X ..... lue Declaration of Identified Imported Goods) Rules, 2023 (CAVR, 2023) reg. The undersigned is directed to say that the second proviso to sub-section (1) of section 14 of the Customs Act lists out certain matters which may be provided for in the rules. The said sub-section was amended vide the Finance Act, 2022 to insert the following text under its second proviso (iv) the additional obligations of the importer in respect of any class of imported goods and the checks to be exercised, including the circumstances and manner of exercising thereof, as the Board may specify, where, the Board has reason to believe that the value of such goods may not be declared truthfully or accurately, having regard to the trend of declared valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orter shall also fulfil the specified additional obligations, and specified checks shall be performed so as to enable and assist the importer to demonstrate the truthfulness and accuracy of the declared value. (c) the specification that where the proper officer still has reasonable doubt about the truth or accuracy of the value declared in relation to the identified goods, the further proceedings shall be taken in accordance with rule 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 (CVR, 2007) only. 4.1 The CAVR, 2023 can be applied only by following the processes referred in the rules. The written reference must have been made to the Board which, if found suitable by Screening Committee for detailed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nct, unambiguous and free of deficiencies. A report, if it concludes the need to proceed further, should be amenable to implementation, inter alia, using the Customs Automated System, as brought out in the rules. Also, where the report recommends, for example, the declaration of both make and model of the relevant class of goods by the importer, the report must also elaborate the discernible features that constitute the make, and what denotes the model. 4.5 Another aspect of focused implementation is the exceptions to which the rules shall not be applied. While these are described in rule 13, the clause 13(j) allows imports specified by the Board to be also excluded from application of the rules. Therefore, the reasoned and detailed repo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... review of Order, are described in the rules. The sub-rule (1) of rule 12 requires the Screening Committee to conduct review of an Order issued by Board under rule 5 on expiry of half of its validity period. However, under sub-rule (2), the Screening Committee may conduct a review even before the mid-term or as and when needed. This flexibility to conduct review allows the Committee to consider inter alia changes in material facts, circumstances or other relevant aspects, as appropriate. 4.10 As provided in rule 15, with effect from a date as may be specified by Board, the processes specified in rules 6, 7, 8, 9 and rule 12 shall be enabled and processed on an electronic application, set up and maintained by the Directorate General of Va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... UQC, additional specifications etc. in the bill of entry on an immediate basis, post issuance of the Order by the Board in terms of rule 5. This responsibility shall be discharged by the Director General of Systems and Data Management. 4.13 It is emphasized that the said specified additional obligations, in most cases, should be adequate for the purposes of these rules. Sparingly, for reasons to be recorded in writing, and with the concurrence of Joint or Additional Commissioner of Customs, the further information and documents may be called from the importer for the purposes of these rules. 4.14 As mentioned hereinabove, the rule provides that where the proper officer still has reasonable doubt about the truth or accuracy of the val ..... X X X X Extracts X X X X X X X X Extracts X X X X
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