Most of the customs
duties are ad valorem. Goods have, therefore, to be valued
for purpose of assessment. The Valuation Rules, 1998 follow the
GATT provisions whereunder the norm is the transaction value or
invoice price but it is subject to the rider that the invoice value
to be acceptable should be a fully commercial and genuine price.
Where the proper office has reasonable doubt about the truth and
accuracy of the declared transaction value (grounds from which will
at the request of the importer be intimated to him), he may ask
the importer to furnish further information and evidence to substantiate
the declared transaction value and in the event of the importers
failure to do so, he may after hearing the importer reject the declared
transaction value and proceed further the Valuation Rules; vide
new Rule 10A. This means that the burden to prove his value for
the purpose of the importer.
Date of determination
of rate of duty etc
Since exchange rates,
rates of duty and tariff values keep changing, the law provides
that the rate as in force on the date of presentation of bill of
entry for home consumption will be the rate applicable.
Remission of duty is
available if imported goods are lost (otherwise than as a result
of pilferage) or destroyed at any time before clearance for home
Loading and unloading
An incoming ship or
aircraft has to submit on arrival within 24 hours (12 hours in the
case of aircraft) an import manifest listing the goods to be unloaded.
The ship is then granted an entry inwards and can thereafter start
unloading the goods. An outgoing vessel is granted entry outwards
and can load goods thereafter.