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february 2004

Supreme Court of India · 2004-02-17

Commissioner Of Customs, Calcutta Etc. ... vs M/S Indian Oil Corporation Ltd. & Anr

Citation / case number
AIR 2004 SUPREME COURT 2799
Court
Supreme Court of India
Petitioner
Commissioner Of Customs, Calcutta Etc. ...
Respondent
M/S Indian Oil Corporation Ltd. & Anr
Author
Ruma Pal
Bench
Ruma Pal

Judgment text excerpt

The Supreme Court ruled that demurrage charges do not form part of the assessable value of imported goods under Section 14 of the Customs Act, 1962. The Court upheld the Customs Excise and Gold (Control) Appellate Tribunal's decision, emphasizing that demurrage is an extraordinary expenditure and not an incident of ordinary sale. The Court clarified that the Central Board of Excise and Customs' circular was binding on the Revenue, thus rejecting the appellant's claim for including demurrage in the customs value assessment.

Commissioner Of Customs, Calcutta Etc. ... vs M/S Indian Oil Corporation Ltd. & Anr · Niyam