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The transaction value may not be accepted for customs valuation in the following category of cases:-
- If there are restrictions on use or disposition of the goods by the buyer. However, the transaction value will not be rejected if restrictions:-
- Are imposed by law or public authorities in India
- Limit geographical area of resale
- Do not affect the value of the goods substantially
- If the sale or price is subject to a condition or consideration for which a value cannot be determined. However, conditions or considerations relating to production or marketing of the goods shall not result in rejection.
- If part of the proceeds of the subsequent resale, disposal or use of the goods accrues to the seller, unless an adjustment can be made as per valuation factors.
- If buyer and seller are related, unless it is established by the importer that: -
- The relationship has not influenced the price
- The importer demonstrates that the price closely approximates one of the test values
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