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january 2000

Supreme Court of India · 2000-01-18

HYDERABAD INDUSTRIES LTD. vs UNION OF INDIA & ORS.

Citation / case number
SC 1980/63391
Court
Supreme Court of India
Petitioner
HYDERABAD INDUSTRIES LTD.
Respondent
UNION OF INDIA & ORS.
Author
SANTOSH HEGDE
Bench
N.Santosh Hegde,R.C.Lahot,S.P.Bharucha.

Judgment text excerpt

The Supreme Court addressed whether service charges paid to the Minerals and Metals Trading Corporation (MMTC) for the importation of raw asbestos should be included in the assessable value under the Customs Act and the Customs Valuation (Determination of Price) Rules, 1988. The Court held that these service charges do not constitute part of the transaction value as they are not akin to a buying commission, thus ruling in favor of the appellant's claim for refund. The decision clarified the nature of the relationship between the appellant and MMTC, emphasizing that it does not resemble an agency relationship.

HYDERABAD INDUSTRIES LTD. vs UNION OF INDIA & ORS. · Niyam