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july 2007

Supreme Court of India · 2007-07-09

COMMISSIONER OF CUSTOMS, CALCUTTA vs M/S. SOUTH INDIA TELEVISION(P) LTD.

Citation / case number
SC 2001/16122
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CUSTOMS, CALCUTTA
Respondent
M/S. SOUTH INDIA TELEVISION(P) LTD.
Author
B. SUDERSHAN REDDY S. H. KAPADIA
Bench
B. SUDERSHAN REDDY S. H. KAPADIA

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 was valid and could not be disregarded based solely on unverified documents from foreign authorities, emphasizing that Rule 4 mandates the use of transaction value unless proven otherwise. The demand for differential duty was set aside, affirming the importer's position that the show cause notice lacked sufficient evidence to support claims of under-invoicing.

COMMISSIONER OF CUSTOMS, CALCUTTA vs M/S. SOUTH INDIA TELEVISION(P) LTD. · Niyam