Section Text
1[14. Valuation of goods.(1) For the purposes of the Customs Tariff Act, 1975 (51 of 1975), or
any other law for the time being in force, the value of the imported goods and export goods shall be the
transaction value of such goods, that is to say, the price actually paid or payable for the goods when sold
for export to India for delivery at the time and place of importation, or as the case may be, for export from
India for delivery at the time and place of exportation, where the buyer and seller of the goods are not
related and price is the sole consideration for the sale subject to such other conditions as may be specified
in the rules made in this behalf:
Provided that such transaction value in the case of imported goods shall include, in addition to the
price as aforesaid, any amount paid or payable for costs and services, including commissions and brokerage, engineering, design work, royalties and licence fees, costs of transportation to the place of
importation, insurance, loading, unloading and handling charges to the extent and in the manner specified
in the rules made in this behalf:
Provided further that the rules made in this behalf may provide for,--
(i) the circumstances in which the buyer and the seller shall be deemed to be related;
(ii) the manner of determination of value in respect of goods when there is no sale, or the buyer
and the seller are related, or price is not the sole consideration for the sale or in any other case;
(iii) the manner of acceptance or rejection of value declared by the importer or exporter, as
the case may be, where the proper officer has reason to doubt the truth or accuracy of such value, and
determination of value for the purposes of this section:
2[(iv) the additional obligations of the importer in respect of any class of imported goods and the checks to be exercised, including the circumstances and manner of exercising thereof, as the Board may specify, where, the Board has reason to believe that the value of such goods may not be declared truthfully or accurately, having regard to the trend of declared value of such goods or any other relevant criteria.]
Provided also that such price shall be calculated with reference to the rate of exchange as in force on the date on which a bill of entry is presented under section 46, or a shipping bill of export, as the case may be, is presented under section 50.
(2) Notwithstanding anything contained in sub-section (1), if the Board is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, fix tariff values for any class of imported goods or export goods, having regard to the trend of value of such or like goods, and where any such tariff values are fixed, the duty shall be chargeable with reference to such tariff value.
Explanation.--For the purposes of this section--
(a) rate of exchange means the rate of exchange--
(i) determined by the Board, or
(ii) ascertained in such manner as the Board may direct,
for the conversion of Indian currency into foreign currency or foreign currency into Indian currency;
(b) foreign currency and Indian currency have the meanings respectively assigned to them
in clause (m) and clause (q) of section 2 of the Foreign Exchange Management Act, 1999
(42 of 1999).]
1. Subs. by Act 22 of 2007, s. 95, for section 14 (w.e.f. 10-10-2007).
2. Ins. by Act 6 of 2022, s. 89, (w.e.f. 30-3-2022).