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january 2000

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.

HYDERABAD INDS. LTD vs U.O.I. . · Niyam