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29/2012-Customs Dated 07/12/2012

Regarding functional control of Special Valuation Branches

Circular No. 29 /2012-Customs

F. No. 465/12/2010 Cus. V
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs

New Delhi, dated the 7^th of December, 2012.

To,
All Chief Commissioners of Customs,
All Chief Commissioners of Central Excise and Service Tax,
All Director Generals in CBEC

Subject: Functional control of Special Valuation Branches - Reg.

            Kind attention is invited to Board Circular No. 11/2001-Customs dated 23^rd February 2001 issued from F. No. 467/32/2000-Customs V, prescribing conditions and procedure regarding cases to be taken up for investigation by Special Valuation Branches (SVB) and their manner of processing and disposal. Presently SVBs are located in the Customs Commissionerates of Mumbai, New Delhi, Chennai, Kolkata and Bangalore and are functioning under the administrative control of the respective Commissioners of Customs.

2.    The functioning of SVBs was reviewed by the Board with a view to strengthen their working.

3.         It has been decided to vest the Directorate General of Valuation (DGOV) with functional control over the SVBs. Consequently, the presently existing SVB sections with their existing staff will henceforth function under the supervisory control of the DGOV.

4.         The Board has also decided that the officers posted in SVBs shall not be given any additional responsibilities and they shall exclusively handle work relating to SVB investigations and related issues. The office of the DGOV shall closely monitor the pendency of the SVBs, approve the initiation of SVB inquiries, and supervise the investigations. Furthermore, the Board has desired that the DGOV continuously endeavor for qualitative improvement of SVB investigations/orders.

5.         It is envisaged that on completion of investigation in a case, the proper officer in SVB will issue an order for determination of value under Section 14 of the Customs Act, 1962. The order will be sent to the importer concerned, the Custom House which had referred the case and to DGOV.

6.     The work relating to review, appeal and other legal matters arising out of cases investigated and orders passed by the proper officer in SVBs, shall continue to be handled by the jurisdictional Commissioners of Customs. Directorate General of Valuation will provide its views on the orders passed by the proper officer to the jurisdictional Commissioner of Customs, which will be given due consideration, when the orders are examined by Commissioners of Customs for review or acceptance under section 129D of the Customs Act, 1962.

7.      These instructions shall take effect from 1^st January, 2013.

8.         Publicity to this Circular may be given by way of issuance of public notice and standing order.

9.         Difficulties, if any, faced in the implementation of this circular, may be immediately brought to the notice of the Board.

10.       Please acknowledge receipt.

11.       Hindi version follows.

Yours faithfully,

(M. Satish Kumar Reddy)
Director (ICD)

Opinion

This circular is prescribing conditions and procedure regarding cases to be taken up for investigation by Special Valuation Branches (SVB) and their manner of processing and disposal. Presently SVBs are located in the Customs Commissionerates of Mumbai, New Delhi, Chennai, Kolkata and Bangalore and are functioning under the administrative control of the respective Commissioners of Customs

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