Assessment of duty. 

¹[SECTION 17.   

(1) An importer entering any imported goods under section 46, or an exporter entering any export goods under section 50, shall, save as otherwise provided in section 85, self-assess the duty, if any, leviable on such goods. 
 
(2) The proper officer may verify the ²[the entries made under section 46 or section 50 and the self assessment of goods referred to in sub-section (1)] and for this purpose, examine or test any imported goods or export goods or such part thereof as may be necessary. 


³[Provided that the selection of cases for verification shall primarily be on the basis of risk evaluation through appropriate selection criteria.]
 
⁴[(3) For ⁵[the purposes of verification] under sub-section (2), the proper officer may require the importer, exporter or any other person to produce any document or information, whereby the duty leviable on the imported goods or export goods, as the case may be, can be ascertained and thereupon, the importer, exporter or such other person shall produce such document or furnish such information.]
 
(4) Where it is found on verification, examination or testing of the goods or otherwise that the self- assessment is not done correctly, the proper officer may, without prejudice to any other action which may be taken under this Act, re-assess the duty leviable on such goods. 
 
(5) Where any re-assessment done under sub-section (4) is contrary to the self-assessment done by the importer or exporter ⁶[***] and in cases other than those where the importer or exporter, as the case may be, confirms his acceptance of the said re- assessment in writing, the proper officer shall pass a speaking order on the re-assessment, within fifteen days from the date of re-assessment of the bill of entry or the  shipping bill, as the case may  be. 
 
⁷[***] 
 
Explanation.- For the removal of doubts, it is hereby declared that in cases where an importer has entered any imported goods under section 46 or an exporter has entered any export goods under section 50 before the date on which the Finance Bill, 2011 receives the assent of the President, such imported goods or export goods shall continue to be governed by the provisions of section 17 as it stood immediately before the date on which such assent is received.]

 Note :-

1. Substituted by Act 8 of 2011, section 38, for section 17 (w.e.f. 08-4-2011).Earlier section 17 was amended by Act 29 of 2006, section 20, (w.e.f. 13-7-2006). Section 17 before substitution by Act 8 of 2011 stood as under:

“17. Assessment of duty.—

(1) After an importer has entered any imported goods under section 46 or an exporter has entered any export goods under section 50 the imported goods or the export goods, as the case maybe, or such part thereof as may be necessary may, without undue delay, be examined and tested by the proper officer. 

(2) After such examination and testing, the duty, if any, leviable on such goods shall, save as otherwise provided in section 85 be assessed. 

(3)For the purpose of assessing duty under sub-section(2), the proper officer may require the importer , exporter or any other person to produce any contract, broker’s note, policy of insurance, catalogue or other  document whereby the duty leviable on the imported goods or export goods as the case maybe, can be ascertained and to furnish any information required for such ascertainment which is in his power to produce or furnish, and thereupon the importer, exporter or such other person shall produce such documents and furnish such information.

(4) Notwithstanding anything contained in this section, imported goods or export goods may, prior to the examination or testing thereof, be  permitted by the proper officer to be assessed to duty on the basis of the statements made in the entry relating thereto and the documents produced and the information furnished under sub-section (3); but if it is found subsequently on examination or testing of the goods or otherwise that any statement in such entry or document or any information so furnished is not true in respect of any matter relevant to the assessment the goods may, without prejudice to any other action which may be taken under this Act, be re-assessed to duty. 

(5) where any assessment done under sub-section 2 is contrary to the claim of the importer or exporter regarding valuation of goods, classification, exemption or concessions of duty availed consequent to any notification, therefore, under this Act, in cases other than those where the importer or the exporter, as the case may be, confirms his acceptance of the said assessment in writing, the proper officer shall pass a speaking order within fifteen days from the date of assessment of the bill of entry or the shipping bill, as the case may be. 

2. Substituted by Finance Act, 2018 (13 of 2018), section 60 (w.e.f.29.03.2018) for the words “the self-assessment of such goods”. 

3. Inserted by Finance Act, 2018 (13 of 2018), section 60 (w.e.f.29.03.2018). 

4. Substituted by Finance Act, 2017 (7 of 2017), section 91, (w.e.f. 31.03.2017). Prior to substitution, Section 17(3) stood as under:
“17(3) For verification of self-assessment under sub-section(2) the proper officer may require the importer, exporter or any other person to produce any contract, broker’s note, insurance policy, catalogue or other document, whereby the duty leviable on the imported goods or export goods, as the case may be, can be ascertained, and to furnish any information required for such ascertainment which is in his power to produce or furnish, any thereupon, the importer, exporter or such other person shall produce such document or furnish such information.

5. Substituted by Finance Act, 2018 (13 of 2018), section 60 (w.e.f.29.03.2018) for the words “verification of self-assessment”.

6.  Omitted by Finance Act, 2018 (13 of 2018), section 60 (w.e.f.29.03.2018) the words  “regarding valuation of goods, classification, exemption or concessions of duty availed consequent to any notification issued therefor under this Act”. 

7. Omitted by Finance Act, 2018 (13 of 2018), section 60 (w.e.f.29.03.2018). Prior to omission sub-section (6) of Section 17 stood as under:

7 (6) Where re-assessment has not been done or a speaking order has not been passed on re- assessment, the proper officer may audit the assessment of duty of the imported goods or export goods at his office or at the premises of the importer or exporter, as may be expedient, in such manner as may be prescribed.”