- 20 Marks
Question
a). Section 30 of the Customs, Excise and Preventive Service (Management) Law, 1993 (P.N.D.C.L. 330), as amended provides, among other things, that the transaction value of an item is to be used for Customs purposes.
i) What is “transaction value”? (3 marks)
ii) Distinguish between “identical goods” and “similar goods” in the ascertainment of transaction value. (8 marks)
b). In what circumstances shall excise duty not be paid on goods as provided for in section 57(2) of Customs, Excise and Preventive Service (Management) Law, 1993 (P.N.D.C.L. 330), as amended. (9 marks)
Answer
a). i) Transaction value refers to the price actually paid or payable for goods when sold in the country or foreign for export into Ghana and adjusted in accordance with the provisions of section 36 of PNDCL 330. (3 marks)
ii) Identical goods means which are the same in all respects, including physical characteristics, quality and reputation and minor differences of appearance would not preclude goods otherwise conforming to the definition from being regarded as identical.
Similar goods means goods which, although not like in all respects, have like characteristics and like component materials which enable the goods to perform the same functions and to be commercially interchangeable. The factors to be considered in determining whether goods are similar include the quality of the goods, the reputation of the goods and the existence of a trade mark.
b) Excise duty shall not be paid on:
i) Goods delivered for shipping as stores for use outside Ghana on a ship or aircraft proceeding to a place outside Ghana.
ii) Goods delivered for exportation and duly shipped.
iii) Goods permitted to be used free of duty and duly used
- Tags: Customs Law, Excise Duty, Exemptions, Exports, Indirect Taxes
- Level: Level 2
- Topic: Indirect Taxes
- Series: FEB 2016
- Uploader: Samuel Duah