Revenue Audit Manual Define the main principles to be followed in the audit of customs receipts with reference to the statutory responsibilities of the C.A.G of India? The audit of receipts is inherent in the powers vested in the CAG of India by Article 151 of the Constitution of India. The Article 151 lays down that the reports of the CAG of India relating to the accounts of Union Government shall be submitted to the President, who shall cause them to be laid before each House of Parliament. Thus, the audit reports must relate to the totality of the accounts of the Union and this totality would include all receipts. Section 16 of the CAG (Duties, Power and Conditions of Service) Act 1971, specifically enjoining upon the CAG to audit all receipts of the Union and to satisfy himself that rules and procedures in that behalf, are designed to secure an effective check on assessment, collection and proper allocation of revenue and are duty observed. For this purpose, the CAG is authorized to undertake such examination of accounts as he thinks fit and to report thereon. The audit of receipts of the Union is, thus, a Statutory responsibility of CAG of India. The main principle in conducting Revenue audit with reference to the provisions of Section 16 of the DPC Act 1971 are: - 1) The CAG shall audit all receipts that are payable in to Consolidated Fund of India; 2) He should satisfy himself that the rules and provisions in that behalf are designed to secure an effective check on the assessment collection and proper allocation of revenue; 3) He should be satisfied that these procedures and checks are properly applied; and 4) For the purpose of ascertaining that they are being duly observed, he should make such examination of accounts as he thinks fit and report thereon. It will be seen from the above that the primary task of auditing is unqualified and left to the discretion of the CAG. Principles at (2) and (3) are not by way of limiting the scope of that task but illustrative of it. It is primarily the responsibility of Customs authorities to see that all revenues or other dues to Government which have to be brought to
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad account are correctly and properly assessed, realized and credited to Government account. The most important functions of audit are to see (1) that adequate regulations and procedures have been framed by the customs department to secure an effective check on assessment, collection and proper allocation of taxes, and (2) to satisfy its elf by adequate test check that such regulations and procedures are actually being carried out. It should also be borne in mind that the basic purpose of audit is not only to see that all demands raised are promptly collected and credited to Government but also to secure that those demands are correctly raised and they satisfy the requirements of law and that the executive does not grant unjustified or unauthorized remissions and refunds to tax payers. Since, the customs laws under which the revenue is collected provide for judicial remedy or judicial interpretation, the activity of audit, should be limited to those matters which are not subjected to judicial processes. It is only in those cases, where no authoritative interpretation of a provision of law by a High Court or the Supreme Court is available, that the CAG states what in his judgment is correct requirement of law on the basis of the plain meaning of the statue and puts forwards that view to the customs department for its acceptance after examination. The Audit Department should not in any way substitute itself for the revenue authorities in performance of their statutory duties. But, audit should satisfy itself that legality and regularity are observed in individual assessments in general, that departmental machinery is sufficiently safeguarded against error and fraud and that so far as can be judged the procedures are so devised as to give effect to the requirements of the law of Customs. What are the customs documents scrutinised in audit? May 2003, 5(ii) As per para 2.6 of RA Manual, in the audit of Customs receipts, a day to day scrutiny of current documents in the Customs Houses, a general review of all such transactions and a detailed check of a percentage there of, is done. For this purpose, the following documents are scrutinised: original and duplicate bills of entry, original and duplicate shipping bills, original and duplicate into and ex-bond bills, bond registers, baggage declarations, postal transactions, refund and draw back cases and the like in the case of Sea Customs; and the corresponding import and export applications, baggage declarations etc., for land and Air Customs and an Audit of Ships
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad files relating to imports and exports of in transit documents concerning a rail or steamer The import ships file comprise the following documents : - (Para 9.01 of RA Manual) 1. Import General Manifest 2. Bills of entry, original and duplicate for home consumption, duplicate in to bond bills, original and duplicate coastal bills of entry 3. Application for entry inwards, amendments to manifest, memo of fees, Arrival Report, dock clearance memo 4. Transshipment applications, boat notes etc, 5. Port trust out turn statements in duplicate and Agents out turn statements 6. Show cause notices.
What are the audit checks required on provisional duty bills of entry? June 2005 4(b), May 2004 3(b) As per para 6.47 (B), in the case of provisional duty bills of entry it should be seen 1) that the orders of the Assistant Commissioner in charge of the group or department were obtained before the goods were provisionally assessed and a signed declaration that all available documents have been submitted is obtained from the importer 2) that the proposed valuation was based on the recorded examination with a suitable addition to safe guard the revenue, and that the appraiser has recorded in detail the basis of provisional assessment 3) that the amount of provisional duty is more than the actual duty recoverable 4) that the extension of time, if allowed, was granted by the proper authority on proper cause being shown 5) that the final assessment was not unduly delayed 6) that there was not under valuation 7) that where the weight forms a basis of valuation a certain percentages has been check weighed. What are the various types of bills of entry that are examined in audit? What are the audit checks exercised on Free Bills of entry? 12/1999, 4(b)
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad As per para 6.46 of Revenue Audit Manual, the following are the bills of entry that are examined in audit : (a) Non bonded goods: (i) Dutiable home consumption Bills of Entry (ii) Import duty free Bills of Entry or home consumption (iii) Bills of entry for Government stores (b) Bonded Goods: (i) Into bond bills of entry (ii) Ex bond (out of bond) Bills of Entry. Audit Checks on Free bills of entry: As per para 6.47 (C) of Revenue Audit Manual, The audit on free bills of entry consists in seeing that the goods have correctly exempted from duty under the authority of the Customs Tariff or a notification or individual orders of the Government of India issued under the provisions of Section 25 of the Customs Act 1962, that the appraiser has quoted the authority adding his initials and date to the word Free entered by him in the rate of duty column of bills of entry; and that the orders for examination on the reverse of the bills of entry have been carried out by the examining staff and that certificates required to be produced under rules in certain cases for allowing free entry to goods are in their proper form and that the particulars are correct. Briefly explain the audit checks for :Nov 2007 i) Bills of Entry (dutiable): As per para 6.47 (A), the audit checks are: (i) that the original is presented to the Import Department under sn.46 of Customs Act, 1962 and that it bears the serial number and Audit date stamp, and that it is duly noted by the noter over his initials; (ii) that the document is passed by the Appraiser and is countersigned by the Asst. Collector (iii) that the first two columns of the documents have been properly filled in and that the total number of packages, cases, crates duly certified in works by the Import department; (iv) that the description given in the BE is complete and gives clear idea of the goods imported;
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad (v) that the correct I.C.T number is shown and the R I T C code number is also shown; (vi) that no unauthorized addition or alterations have been made in it, and that any corrections existing at the time of its presentation have been attested; (vii) that the rate of duty levied is in accordance with the Indian Customs Tariff subject to the ruling issued from time to time and that the duty payable has been correctly calculated; (viii) that the correct rate of exchange as per daily Bank slips is shown in the case of goods assessed on invoice value; (ix) that when the goods are passed on tariff value or where the goods are subject to a specific rate of duty the unit of quantity or weight, as the case may be, is recorded in words as well as in figures; (x) (a) in the case of goods assessed to duty on the basis of invoice under sn. 14(i)(a), addition of freight and insurance charges have been shown; (b) in the case of invoice value in rupees the importer has declared the assessable value after addition of landing charges and endorsed the BE invoice in Rupees;; (xi) That the value, weight or quantity assessable to duty is correctly calculated and written in words and figures and the calculation of quantity and weight recorded on the reverse of the BE are correct; (xii) That the assessment is according to the rate of duty prescribed in the Indian Customs Tariff and has been correctly calculated and the duty recovered is correctly shown in figures and duly certified in words and that the BE bears the initials of the duty calculators ; (xiii) That if there is more than one item in the BE, the summation of total value, weight or quantity of the several items is correct; (xiv) That in the case of goods imported ex-bond from Customs port, the quantity and value in the BE accepted by the appraiser for the purpose of assessment, agree with the relative
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad bond advice, which after check is to be returned to the Appraising department for further action; (xv) That in the case of goods assessed to duty at the preferential or protective rate of duty, the appraiser has attached to the BE, the duplicate copy of the certificate of origin in the proper form duly attested; 2. Audit checks on Refund claims: As per para 15.34, the audit of refund claims consists in seeing:- i. that the refund is sanctioned by the competent authority; ii. that it is in accordance with the requirements of Customs Act and the executive orders of the Government and the CBEC; iii. that the amount of it is arithmetically correct; iv. that a note of the refund sanctioned is made against the original credit entry; v. that all the refunds in excess of Rs 20 are duty stamped. For this purpose paid vouchers from Accounts section of AGs office should be called for and seen; vi. where refund is paid after expiry of time limit laid down in sn. 27 of Customs Act, it should be seen that relaxation of time limit is specifically authorized by the Board. 3. Audit checks on drawback claims:- As per section 12.27 of RA Manual, the general checks to be exercised on drawback claims are: A . In respect of claims under Section 74, audit should see: i whether the claims are presented in proper form, the declarations are all furnished and within the time limit prescribed under the Act and rules; ii whether the examiner had made a detailed report of the result of examination on the reverse of the shipping bill and that the description on the shipping bill tallies with the examination report;
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad iii that the drawback export order is signed at proper places by the appraising staff; iv that it is ensured that the market value of goods is more than the amount of drawback claimed; v that the claim is not less that Rs 5 except in case of supplementary claims; vi that the goods have been properly identified and that the claim does not include cases where goods have been declared as not complete for identification for drawback under sn. 74; vii that the goods are not re exported to a port to which shipment under claim of drawback is prohibited; viii that the rates applied are correct as per the rates prevalent on the date of export and that the calculations are correct; ix that a note of drawback is kept in the original BE where necessary; B. In respect of claims of drawback under Sn. 75: i it should be seen that relevant procedure prescribed in the rules framed Government from time to time governing the grant of drawback in respect of any material used in the particular kind of manufactured article have been followed; ii the rate of drawback so applied on such items of goods based on Government of India notifications or orders and that the correct rates applicable to the goods exported as per descriptions on the shipping bills and examination re export are adopted; iii the amount of drawback paid is correctly worked out on the basis of the rate adopted and the quantity exported iv the goods exported are not prohibited by the Govt. of India.; What are ship files? Enumerate the audit checks required on import ships files? 1994, 2004 (Para 9.01 of RA Manual) Ships files are compiled with all the documents pertaining to a ship, after the normal period of time for transactions in connection with the imports and exports has lapsed. The scrutiny and compilation of the ships files is done in the Manifest clearance Department
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad of the custom House. In some places export ships files are compiled in the export department itself. The object of compiling a ships file for imports and exports is to ensure that all transactions have taken place in accordance with the Act, the Rules and Regulations and that the transactions pertaining to a ship are complete in all particulars. Checks on Import ships file: As per para 9.9 of Revenue Audit Manual, audit has to satisfy itself that: i) dutiable goods have not been imported without payment of duty as free goods or by means of bogus or incomplete documents or through inadvertence or error; ii) all goods are correctly described in documents as regards quantity, weight, value, etc. iii) the procedure for the control, discharge and clearance of goods has been correctly followed. iv) That all documents relating to ships files are forth coming and are complete. Audit checks on Export ship files: As per para 9.16, in auditing an export ships file, it is seen that: i) all packages entered for export are fully accounted for by shipping bills, transshipment permits etc. ii) dutiable cargo has not been exported free of duty; iii) all goods are correctly described in documents as regards quantity, value, weight etc. iv) the prescribed procedure for shipment of goods is followed; v) where necessary, prescribed percentages of check weighment of dutiable goods has been carried out and proper action has been taken for settling differences in excess of the prescribed limits; vi) short shipment notices have been filed within the time limit laid down; vii) fees have been properly levied for the amendment of the manifest; viii) corrections in the manifests and connected documents have been dealt with according to the prescribed procedure;
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad ix) in respect of goods shipped under claim of drawbacks, advices have been sent to other ports of call of the vessel. Landing charges As per para 4.28 of Revenue Audit Manual, (Part VI), Customs, Landing charges are recovered on the imported packages by the Port Trust Authorities for the expense incurred in the actual landing and depositing of the goods in the Customs House. These charges form part of the value of the goods under section 14 of the Customs Act 1962. Accordingly landing charges payable to the port authorities on imported goods are required to be added to the C.I.F value of those goods to arrive at the assessable value for purpose of levy of customs duty. Since, however, the actual landing charges can not be readily ascertained before the assessment, the Government of India decided that a flat rate of landing charges should be fixed and this should be added to the C.I.F. value. The Central Board of Revenue directed that the rates of landing charges prescribed by the Port Trust Authorities should be reviewed by the Customs Houses periodically. The flat rate of landing charges should be calculated on Advalorem basis. Preferential rate - para 5.23(b) of RA Manual 12/99 In respect of any article if a standard rate and a preferential rate are provided in the schedule to the customs Tariff Act 1975, then the preferential rate is applicable, if the article is the produce or manufacture of any country or territory, declared as a preferential area by the Central Government (Section 4 of Customs Tariff Act 1975). These preferential duties are shown by the side of standard rates in the next column in the tariff schedules. The Central Government may increase or decrease the effective rate of preferential duty, by issue of notification in the official gazette. Inspection and examination Para 6.19 of Revenue Audit Manual Inspection means examination of a package externally to see that the marks and numbers agree with those in the Bills of entry. In the case of open goods, this external examination goes to the extent of verifying declaration of description and quantity. Examination means measurement and weighment of the goods. It includes inspection and in addition to opening the package of verify the contents; to
Material prepared by Smt M.Janaki Devi,AAO(Customs), PDA(Central), Hyderabad draw samples for test. When 'examine' orders are passed for only a part of the consignment, the rest are only inspected.