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july 2007

Supreme Court of India · 2007-07-09

Commissioner Of Customs, Calcutta vs South India Television (P) Ltd

Court
Supreme Court of India
Petitioner
Commissioner Of Customs, Calcutta
Respondent
South India Television (P) Ltd
Bench
S. H. Kapadia, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court addressed the assessable value of imported Ceramic Capacitors and Diodes under the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988. The Court held that the declared price by the importer cannot be disregarded solely based on unverified documents from foreign customs, emphasizing the need for proper evidence to substantiate claims of under-invoicing. The appeal was allowed, and the demand for differential duty was set aside, reinforcing the principle that the burden of proof lies with the authorities to establish under-valuation.

Commissioner Of Customs, Calcutta vs South India Television (P) Ltd · Niyam