Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 - Rule 9(1)(c) Customs Valuation (Determination of Price of Imported Goods) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Customs Act, 1962 (52 of 1962) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 - Rule 9(1)(c) - Price of imported goods - Inclusion of technical know how fees and royalty- Technical assistance and trade mark agreement between buyer-licensee and foreign collaborator-licensor - Under the agreement, licensee permitted to manufacture licensed products - It was to import raw material from licensor and to pay license fee and royalty- Department loading CIF value of imported goods with know-how fees and royalty - Tribunal holding that know- how fees and royalty related to licensed products to be produced in India and not to the imported goods - Held: Correct - On reading the agreement in entirety, there was no nexus between royalty/licence fees payable for know-how and goods imported for manufacture of licensed products - Department was to examine both the price arrangement and also the Consideration Clause in the agreement. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2008 INSC 231 |
Petitioner | Commissioner Of Customs |
Respondent | M/s Ferodo India Pvt. Ltd. |
SCR | [2008] 3 S.C.R. 147 |
Judgement Date | 2008-02-21 |
Case Number | 8426 |
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