Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Customs Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Customs Act, 1962-Sections 14(1), 14(2), 14(1A)-Customs Valuation (Determination of Price of Imported Goods) Rules, 1988-Rules 2(f), 3(i), A B 3(ii), 4(1), 4(2), 5, 6, 7, 7A, 8-Appellant importing a jive year old stock of bearings from the foreign vendor at a discount of 77%-Assistant Commissioner of Customs holding that the 77% discount was not normal and instead, determined the price of the bearings based on the price list of the vendor by allowing a discount of 30% which was the maximum permissible discount according to the terms of agency between the vendor and its Indian agent-Tenability of-Held, when a discount is permissible commercially, and there is nothing to show that the same would not have been offered to any one else wishing to buy the old stock, there is no reason why the declared value in question was not accepted under Rule 4(1)-The price paid by an importer to the vendor if the ordinary course of commerce is to be taken as the value for the purpose of assessment of customs duty in the absence of any of the special circumstances indicated in Section 14(1) and particularised in Rule 4(2)-In the present case, production of the price list by the customs authorities neither indicated that the value as declared by the appellant was not the 'ordinary' sale price of the bearings imported nor implied the presence of any 'extraordinary' or special circumstances. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2000 INSC 524 |
Petitioner | M/s. Eicher Tractors Ltd., Haryana |
Respondent | Commissioner Of Customs, Mumbai |
SCR | [2000] Supp. (4) S.C.R. 597 |
Judgement Date | 2000-11-14 |
Case Number | 6492 |
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