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SPECIAL VALUATION BRANCH (SVB)

ANNEX - A

Questionnaire to be filled by importers who are related to the foreign suppliers.
1 Name of the importer with full address of the Head or Corporate office, registered office administrative office / factory and PAN No.
2 Whether the importer is a proprietorship/partnership/private limited company/public limited company/branch office of company incorporated outside India.
3 (a) Name of the foreign supplier from who the goods are imported (b) nature of the business relationship of the importer with the supplier (eg., subsidiary company/branch office/distributor/agent/indentor or any other) (c) nature of the transaction - eg., sale to the importer, 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 and the supplier of the goods are partners in business?
6 Whether there is an employer-employee relationship between the importer and the supplier of the imported goods and vice versa?
7 Whether the foreign supplier or any of their associated companies jointly or severally, directly or indirectly own, control or hold equity shares worth % 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 and of your company including the associated companies?
9 (a) Whether the supplier 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 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 devolve on the importer?
10 Whether the importer is in a position, directly or indirectly, to exercise restraint over the supplier, legally or operationally,  in any manner? 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 and the supplier of imported goods, legally or operationally,  in any manner? Details as per (b) and (c) of (9) above for this converse position?
12 Whether the importer and the supplier of the imported 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 and the supplier of the imported goods are members of the same family?
14 (a) 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)

16 (a) 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 using the imported goods is sold under a trade mark, design or patent owned or controlled by the supplier of the goods or any person related to them?
17 (a) 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.
20 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? Are any services rendered by or on behalf of the importer relatable to this?
21 Is the import of the goods covered under an agreement? Are there other agreements between the  importer and the supplier? If yes, list them.
22 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)?
23 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.
24 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
25 Furnish the total quantity and FOB value of imports made by the importer from the same supplier during the last three years.
26 Amount of royalty/technical knowhow fee/licence fee any other fee paid or payable by the importer to the supplier of the imported goods.
27 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.
28 Express incurred by the importer on behalf of, 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.
29 Whether the supplier of the goods supplies identical, similar or conncected items to buyers/branches/collaborators in other countries? If yes, prices at which such transaction have taken place, for the last one year.


List of Documents required to be submitted in case of  Sole Agents/Sole Distribution/Sole Concessionaire

1. Agency agreements of the importer with any person.
2. Specimen copies of the import invoices and Bills of Entry
3. Specimen copy of invoices for import of identical, similar or connected goods by this part through the present importer.
4. Specimen copy of invoices for import of identical, similar or connected goods by a company associated with the importer.
5. Commission note and credit notes in case of amounts received from outside India.
6. Annual report of the importer's business concern for last three years.
7. Pricelists for import and sale of the imported goods.
8. Statement regarding percentage of shareholding of/in any Indian company alongwith common directors.
9. Statement regarding equity participation of/in foreign company.
10. Indent/invoices wise statement of commission received in last three years.
11. Details of remittances alongwith method, mode and deferred payment details, if any.
12. Statement of expenses as required under question number 28 of the questionnaire.


List of Documents required to be submitted in case of subsidiaries, holding companies, and those who have collaboration agreement or similar agreements

1. Collaboration agreement, Joint Venture Agreement and other agreements with the supplier of the imported goods or with any other person acting for the supplier.
2. Approval of Government of India/RBI to the agreement, if any.
3. Statements for last three years duly certified by the Chartered Accountant, containing the following informations:-
(i) CIF value and landed cost of imports from suppliers of the imported goods, the collaborator or associated companies.
(ii) CIF value and landed cost of import from other suppliers.
(iii) Value of standard bought out components procured in India.
(iv) Ex-factory value of the goods.
(v) Royalty, net and gross Paid or payable.
4. Representative sample invoices of own imports for the last 3 years and photocopies of the relevant Bills of Entry.
5. Annual reports of importing Company for the last 3 years.
6. Statement regarding equity participation in/of foreign company for the last 3 years.
7. Statement regarding shareholding of/in any Indian  company alongwith particulars of common Directors.
8. Current price list of product imported from the supplier of the goods including spares and warranty parts imported by any other person..
9. Representative specimen invoices of procurement of goods procured from some other person by the supplier and supplied importer.
10. Representative specimen invoices of procurement of identical, similar or connected goods made by companies associated with importer.
11. Representative specimen invoices of imports of identical of similar goods by any other person.
12. Representative specimen of invoices and bills of entry of imports of  identical, similar items as spares and warranty parts by the importer or any other person.
13. Details of remittances alongwith method and mode and deferred payments details, if any.
14. Details regarding any other payment made to or on behalf or under the instructions of the supplier.