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january 2000

Supreme Court of India · 2000-01-11

STATE BANK OF INDIA vs COLLECTOR OF CUSTOMS, BOMBAY

Citation / case number
SC 1995/19727
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
COLLECTOR OF CUSTOMS, BOMBAY
Bench
S.P, BHARUCHA & D.P. WADHWA & N. SANTOSH HEGDE

Judgment text excerpt

The Supreme Court ruled on the applicability of Section 27 of the Customs Act, 1962, affirming that the State Bank of India was entitled to a refund of customs duty paid on the excess amount levied due to misinterpretation of the valuation rules. The Court held that the customs duty should only be levied on the actual cost of the software and manuals, amounting to US$ 401,047, rather than the total amount declared in the Bill of Entry. The judgment emphasized the importance of adhering to the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, particularly Rules 2, 3, 4, and 9(1)(c).

STATE BANK OF INDIA vs COLLECTOR OF CUSTOMS, BOMBAY · Niyam