Questionnaire under Special Valuation Branch

Posted on 06 April 2023 Category : SVB

QUESTIONNAIRE under Special Valuation Branch

ANNEXURE A under Special Valuation Branch (SVB)

The following information is about the details of questionnaire bySpecial Valuation Branch. The importer or exporter who is related each other has to fill the following questionnaire and submit with Special Valuation Branch along with other documents specified under Annexure B or Annexure C whichever is applicable.

Questionnaire to be filled by importers / exporters who are related to the foreign supplier / purchaser

1 Name of the importer/exporter with full address of the Head of Corporate office, registered office, administrative office/factory and PAN No.

2 Whether the importer/exporter is a proprietorship/ partnership/private limited company/public limited company/branch office of company incorporated outside India.

3 a) Name of the foreign supplier/purchaser from whom the goods are imported/to whom the goods are exported.

b) Nature of the business relationship of the importer/exporter with the supplier/purchaser (eg.subsidiary company branch office/distributor/ agent

c) Nature of the transaction- eg. consignment sales, branch transfer or any other

4 Whether any officer or director in the company/ firm of the importer holds any office in any company incorporated outside India? If so, whether such a company is related to/associated in any way with the supplier of the imported goods? Also give details of converse situation, if applicable.

5 Whether the importer/exporter and the supplier/purchaser of the goods are partners in business?

6 Whether there is an employer-employee relationship between the importer/exporter and the supplier/purchaser of the imported/exported goods and vice versa?

7 Whether the foreign supplier/purchaser or any of their associated companies jointly or severally, directly or indirectly own, control or hold equity shares worth 5 % or more of the total paid up capital of your company or any of your associated companies?

8 Whether any other third person, jointly or severally, directly or indirectly owns controls or holds equity shares worth 5% or more of the foreign supplier/purchaser and of your company including the associated companies?

9a) Whether the supplier/purchaser of the goods is in a position, directly or indirectly, to exercise restraint over you, legally or operationally, in any manner?

b) Specify the role if any, of the supplier/purchaser or any of its associate business entities, in your corporate policy, design specification, quality control, marketing, sub-licensing of patent, franchise, etc?

c) Whether any legal liabilities created by contracts or agreements entered into by the supplier/ purchaser devolve on the importer/exporter?

10 Whether the importer/exporter is in a position, directly or indirectly, to exercise the details as per (b) and (c) above for this converse position?

11 Whether a third party is in a position, directly or indirectly, to exercise restraint over both the importer/exporter and the supplier of imported/ export goods, legally or operationally, in any manner? Details as per (b) and(c) of (9) above for this converse position?

12 Whether the importer/exporter and the supplier/ purchaser of the imported/export goods, together, are in a position, directly or indirectly, to exercise restraint over you, legally or operationally, in any manner? Details as per (b) and (c) of (9) above for this converse position?

13 Whether the importer/exporter and the supplier/ purchaser of the imported/export goods are members of the same family?

14a) Whether the importer is a sole agent, distributor or indentor appointed by the foreign suppliers?

b) Give the full particulars of all the suppliers of goods from outside India for whom the importer acts as agents/distributors indentors?

15 Whether the importer is a branch or subsidiary of the supplier of the importer goods? (The word subsidiary has the same meaning as in section 4 of the Companies Act)

16a) Whether the importer is engaged in the local manufacture of any products of the suppliers of the imported goods?

b) If yes, whether the imported items are used in such manufacture?

c) If yes, whether the imported items are manufactured or exclusively supplied by the suppliers?

d) Whether the product manufactured by the importer/exporter using the imported goods is sold under a trade mark, design or patent owned or controlled by the supplier/purchaser of the goods or any person related to them?

17 Whether the imported goods are component parts in the SKD/CKD condition for local assembly into finished goods? If yes, furnish a complete list of items imported in CKD/SKD condition.

18 In the case of (16) and (17) above, are the same components imported by any person to India as spares for stock and sale? If so, please furnish the prices at which such imports are made.

19 Whether the importer has imported any capital goods, plants, machinery, equipment etc., from the foreign supplier of the imported goods or its related or associated concerns or persons? Please furnish details.

20a) Is any amount paid or payable, directly or indirectly, to or on behalf of the supplier of the imported goods for engineering, development, art work, design work and plans and sketches undertaken elsewhere than in India and connected with the production of imported goods?

b) Are any services rendered by or on behalf of the importer relatable to this?

21 Particulars in respect of transactions in intangible property:

Has the importer/exporter entered into any international transaction(s) in respect of purchase/ sale/use of intangible property such as know-how, patents, copyrights, licences, etc with the foreign supplier/ associate? Yes / No

a) If yes, provide the following details in respect of each associated supplier and each category of intangible property:

i) Name and address of the foreign supplier/ associate with whom international transaction has been entered into.

ii) Description of intangible property and nature of transaction.

iii) Amount paid/received or payable/ received for purchase/sale/use of each category of intangible property as per books of accounts.

22 Is the import/export of the goods covered under an agreement? Are there other agreements between the importer and the supplier/exporter and purchaser? If yes, list them.

23 What is the basis of arriving at the price in the invoice? Is it

a) Price list with discount

b) Net discounted price

c) Quotation

d) Transfer price or

e) Other (please specify)

24 Do the suppliers of the imported goods supply the same directly to any other person in India? If so, please furnish the prices at which these imports are made, with supporting documents.

25 What is the form of payment by the importer for the imported goods? Furnish the heads of accounts under which other payments, if any, made to the supplier of the imported goods, and details of the payments/transfer of funds in any form.

26 Furnish the total quantity and FOB value of imports made by the importer from the same supplier during the last three years.

27 Amount of royalty/technical know how fee/ licence fee any other fee paid or payable by the importer to the supplier of the imported goods.

28 Furnish the full details of amounts, if any, received by the importer in the form of agency commission, overriding commission or any other remuneration received either from other importers in India or from the supplier of the imported goods.

29 Expenses incurred by the importer on behalf of the supplier, by understanding or agreement with, or under instructions from the supplier of the imported goods, eg. advertising, propaganda expenses or any other expenses for the promotion of the imported goods.

30 Whether the supplier of the goods supplies identical, similar or connected items to buyers/branches/collaborators in other countries? If yes, prices at which such transaction have taken place, for the last one year.

The above information is about the details of questionnaire bySpecial Valuation Branch. The importer or exporter who is related each other has to fill the following questionnaire and submit with Special Valuation Branch (SVB) along with other documents specified under Annexure B or Annexure C whichever is applicable. I hope, the above information aboutSpecial Valuation Branch helps you to know more about the subject.

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Questionnaire under Special Valuation Branch

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