Page 74 - ELT_15th June 2020_VOL 372_Part 6th
P. 74

T40                          EXCISE LAW TIMES                   [ Vol. 372

                                                       the procedure stipulated in 5.3.2 and clearly specifying the
                                                       reasons thereof. In  such cases, the bill of entry would be
                                                       assessed by PAG at the port of import, after the receipt of the
                                                       examination/test report.
                                                  (d)  If the imported goods  are found to be subject  to some
                                                       restriction or prohibition or mis-declared, on the basis of said
                                                       test and/or examination report fed by the shed officers at the
                                                       port of import, the Faceless Assessment Group shall refer the
                                                       bill of entry to PAG at the port of import for action including
                                                       action under Section 124 of the Customs Act, 1962.
                                                  (e)  It is clarified that, irrespective of pending verification at
                                                       Faceless assessment Group, if the importer requests for
                                                       storage of the imported goods in  warehouse  pending
                                                       clearance  under Section  49 of the Customs Act, 1962, such
                                                       request shall be processed by officers of the port of import
                                                       promptly.
                                            VIII.  The shed officers at the port of import would  carry out the
                                                  necessary verification or examination or other tasks, as required
                                                  by the Faceless Assessment Groups or required  as per
                                                  Compulsory Compliance Requirements  of  the Risk  Management
                                                  System.
                                            IX.   Any time after the bill of entry is returned from Faceless
                                                  Assessment Groups to the port of import, if the import of goods
                                                  are found to be subject to some restriction or prohibition or mis-
                                                  declared, PAG may carry out re-assessment and initiate action as
                                                  prescribed under section 124 of the Customs Act, 1962, if required.
                                            5.3.2  Procedure to be Adopted by Faceless Assessment Groups in Exceptional
                                     Circumstances.
                                            I.    In certain exceptional circumstances  (listed below)  the  proper
                                                  officer of the Faceless Assessment Groups may, with the approval
                                                  of  a   senior  officer  not  below   the   rank  of   Joint
                                                  Commissioner/Additional Commissioner, transfer the bill of
                                                  entry using the Customs Automated System to PAG at the port of
                                                  import for assessment,  without completion of verification of
                                                  assessment. The Faceless Assessment Groups may also transfer a
                                                  bill of entry  to the PAG in any other  exceptional circumstances,
                                                  but in this case, this would be done after due approval from the
                                                  Commissioner supervising the proper officer.
                                                  (a)  Where the  Faceless Assessment Groups has reasons to
                                                       believe that the imported goods  may be liable for
                                                       confiscation  as per the  provisions of Section  111 of the
                                                       Customs Act, 1962. In such circumstance, the reasons for
                                                       such a transfer shall be duly recorded in the Customs
                                                       Automated System. However, such cases may be referred to
                                                       only in genuinely exceptional circumstances.
                                                  (b)  In respect  of ‘related party’ transactions warranting
                                                       investigation by SVB (other than cases that are already
                                                       covered by an earlier order of the SVB such as in the case of

                                                          EXCISE LAW TIMES      15th June 2020      74
   69   70   71   72   73   74   75   76   77   78   79