Circular No.39/2011-Customs
F.No.450/20/2007-Cus.IV
Government of India
Ministry of Finance
Department of Revenue
Central Board of
Excise & Customs
227-B, North Block,
New
Delhi-110001.
2nd
September, 2011.
To
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
All Director Generals under CBEC.
Subject: Self-Assessment in Customs - regarding.
*****
Sir / Madam,
Vide Finance Act, 2011,
‘Self-Assessment’ has been introduced under the Customs Act. Under ‘self-assessment’, responsibility of
filing correct declaration lies with the importer or exporter. The declaration filed by the importer or exporter
may be verified by the proper officer when so interdicted by the Risk
Management systems (RMS). In rare cases,
such interdiction may also be made with the approval of the Commissioner of
Customs or an officer duly authorized by him, who shall not be below the rank
of Additional Commissioner of Customs, and that will necessarily be done after
making a record of the same in the EDI system.
On account of interdictions, Bills of Entry may either be taken up for action
of review of assessment or for examination of the imported goods or both. If the self-assessment is found to be
incorrect, the duty may be reassessed.
In cases where there is no interdiction, there will be no cause for the
declaration filed by the importer to be taken up for verification, and such
Bills of Entry will be straightaway facilitated for clearance without
assessment and examination, on payment of duty, if any.
2. Further, provisions have been made in
section 17 of the Customs Act, 1962 to empower the officers of Customs to carry
out verification of correctness of assessment of duty relating to imported or
export goods at premises of the importer or exporter. This will lead to introduction of ‘On-Site
Post Clearance Audit’ in Customs in near future. The focus of self assessment is reliance on
declarations made by the importer and exporter for higher facilitation of
consignment at Customs stations and verification of correctness of documents at
importer’s or exporter’s premises to detect any infringement. Thus, self-assessment
has provided a legal framework to significantly enhance facilitation level in
Customs by reducing pre-clearance checks based on risk parameters in case of
self assessed documents.
3. It is felt that subsequent to introduction
of self assessment, the existing facilitation levels under RMS could be
increased as responsibility of filing correct declarations has been shifted to
importers and exporters. The idea is to
move towards a trust based Customs control. Therefore, risk based techniques
are desired to be fine tuned to meet this objective. The risk parameters and risk rules should be
so designed so as to have an effective interdiction system. The matter was also discussed in the meeting
of National Risk Management Committee (NRMC) wherein it was decided that
conceptually there should be a fixed target for facilitation for different
facilities such as Air Cargo, ports, ICDs, etc.
4. It has been reported that the level of
facilitation on an average in the last year in Air, Sea and ICD was 60%, 50%
and 40% respectively. Also, large numbers of transaction selected by RMS were
actually found to be compliant.
Therefore, it is felt that there is a need to control the interdiction
in RMS and comprehensively rationalize various interventions, targets, rules. Similarly, there is a need to check tendency
of faulty and indiscriminate construction of targets, etc. by local Commissioners. It is on record that faulty and
indiscriminate targets have resulted in false hits and unnecessary
interventions. These ineffective interdictions have resulted in delay in
clearance of goods. It is assumed that
if this rationalization of redundant and ineffective targets of Local Risk
Management (LRM) and National Risk Management (NRM) are carried out, the
percentage of facilitation is bound to increase substantially.
5. To streamline the procedures and for
effective implementation of self assessment using RMS, Board has decided that
the facilitation target of 80% for Air Cargo Complexes, 70% for Seaports and
60% for ICDs should be achieved in the next six months.
6. Further, to make NRMC broad based, it
is decided to include Joint Secretary (Customs), CBEC as one of the members of
the Committee. Para 5.2 of Board’s Circular
No.23/2007-Customs dated 28.6.2007 stands modified to the above extent. Board has also desired that meeting of NRMC
should be held every quarter as outlined in the Board Circular without any
exception.
7. Board desires that decision taken by
Board should be complied with strictly. DG
(Systems) and RMD should ensure that necessary rationalization and fine-tuning
of the Risk Management System is carried out in a time bound manner so that
desired level of facilitation as set out by the Board in respect of Air Cargo
Complexes, Seaports and ICDs can be achieved. Board also expects that DG (Systems) should
send a report at the interval of two months detailing progress made in this
regard to Board. The first such report
may be sent on 25.10.2011.
8. Difficulty faced, if any, may be brought
to notice of the Board immediately.
Yours faithfully,
( R. P. Singh )
Director (Customs)