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Section 1004. Power of the Commissioner to Obtain Information and Issue Summons - Customs Modernization and Tariff Act

Section 1004. Power of the Commissioner to Obtain Information and Issue Summons of Customs Modernization and Tariff Act. Section 1004. Power of the Commissioner to Obtain Information and Issue Summons. - For the effective implementation of the post clearance audit f

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Customs Modernization and Tariff Act

Section 1004. Power of the Commissioner to Obtain Information and Issue Summons. - For the effective implementation of the post clearance audit functions of the Bureau, the Commissioner is hereby authorized to:

(a) Obtain on a regular basis from any person, in addition to the person who is the subject of a post clearance audit or investigation, or from any office or officer of the national and local governments, government agencies and instrumentalities, including the BSP and GOCCs, any information such as costs and "volume of production, receipts or sales and gross income of taxpayers, and the names, addresses, and financial statements of corporations, regional operating headquarters of multinational companies, joint accounts, associations, joint ventures or consortia and registered partnerships, and their members, whose business operations or activities are directly or indirectly involved in the importation or exportation of imported goods or products manufactured from imported component materials;

(b) Summon the person liable for duties and taxes or required to file goods declaration, or any officer or employee of such person, or any person having possession, custody, or care of the books of accounts and other accounting records containing entries relating to the business of the person liable for duties and taxes, or any other person, to appear before the Commissioner or the duly authorized representative at a time and place specified in the summons and to produce such books, papers, records, or other data, and to give testimony;

(c) Take such, testimony of the person concerned, under oath, as may be relevant or material to such inquiry; or

(d) Obtain information from banks or other financial institutions on commercial documents and records pertaining specifically to payments relevant to import transaction.

The provisions of the foregoing paragraphs notwithstanding, nothing in this section shall be construed as granting the Commissioner the authority to inquire into bank deposits of persons or entities mentioned in this Title.

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