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november 2003

Supreme Court of India · 2003-11-11

Tolin Rubbers Pvt. Ltd. vs Commissioner Of Customs, Cochin

Citation / case number
AIRONLINE 2003 SC 25
Court
Supreme Court of India
Petitioner
Tolin Rubbers Pvt. Ltd.
Respondent
Commissioner Of Customs, Cochin
Bench
S. Rajendra Babu, G.P. Mathur

Judgment text excerpt

The Supreme Court held that the valuation of imported machinery under Section 14 of the Customs Act, 1962, must follow the procedures outlined in the Customs Valuation Rules, 1988, specifically Rule 4 regarding transaction value. The Court found that the authorities failed to apply Rule 4(2) to justify rejecting the transaction value, leading to an incorrect assessment. Consequently, the Court set aside the previous orders and accepted the appellant's Bill of Entry, ordering any payments made to be refunded.

Tolin Rubbers Pvt. Ltd. vs Commissioner Of Customs, Cochin · Niyam