Valuation (Customs) - Adjudication of cases
Circular No. 7/97-Cus., dated 31-3-1997
[From F. No. 437/8/95-Cus.IV]
Government of India
Ministry of Finance (Department of Revenue)
Central Board of Excise & Customs, New
Delhi
Subject: Adjudication of cases involving under-valuation of
imported goods - Regarding.
I am directed to refer your D.O.F. No. ADC/GB-3/96-Mics.,
dated 18-12-1996 addressed to Director (Customs) regarding the powers of
adjudicating authority in case of under-valuation of imported goods. You have
referred to Board’s Circular No. 8/95-Cus., dated 23-1-1995 which provides that
in case of under-valuation of imported goods where the value declared is sought
to be enhanced to above Rs. 10 lakhs, the adjudication in such cases is to be
done by Commissioner of Customs.
Reference is regarding the cases where value declared by
the importer is more than Rs. 10 lakhs but after investigation the same is
sought to be reduced to below Rs. 10 lakhs.
The matter was examined by Board and it has been observed
that in cases where value is declared for higher amount and the value is found
to be lower on the advice of experts or otherwise even in such cases, the
adjudication is required to be done by the Commissioner of Customs because the
lowering of value is affected when the final order is passed after satisfaction
of the adjudicating authority. Hence Commissioner of Customs has to continue
with the Adjudication.