Supreme Court of India · 2000-01-18
HYDERABAD INDS. LTD vs U.O.I. .
- Citation / case number
- SC 1997/20706
- Court
- Supreme Court of India
- Petitioner
- HYDERABAD INDS. LTD
- Respondent
- U.O.I. .
- Author
- SANTOSH HEGDE
- Bench
- N.S.Hegde,R.C.Lahoti,S.P.Bharucha
Judgment text excerpt
The Supreme Court held that service charges paid to the Minerals and Metals Trading Corporation (MMTC) for the importation of raw asbestos are includible in the assessable value under the Customs Act and the Customs Valuation (Determination of Price) Rules, 1988. The Court clarified that the relationship between the appellant and MMTC does not constitute an agency, and thus the service charges cannot be treated as a buying commission exempted under Rule 9(1)(a)(i). The appeals were dismissed, affirming the lower authorities' decisions regarding the inclusion of service charges in the transaction value.