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may 2007

Supreme Court of India · 2007-05-08

COMMNR. OF CUSTOMS, MAHARASHTRA vs M/S. GALAXY ENTERTAINMENT (I) P.LTD.&ORS

Citation / case number
SC 2002/18376
Court
Supreme Court of India
Petitioner
COMMNR. OF CUSTOMS, MAHARASHTRA
Respondent
M/S. GALAXY ENTERTAINMENT (I) P.LTD.&ORS
Author
B. SUDERSHAN REDDY S.H. KAPADIA
Bench
B. SUDERSHAN REDDY S.H. KAPADIA

Judgment text excerpt

The Supreme Court addressed the issue of whether the technical and installation fee of Rs. 59 lacs should be included in the assessable value of imported bowling alley equipment under the Customs Act, 1962. The Court held that the Tribunal's finding of no undervaluation was correct, as the declared price was a negotiated amount and the technical fee was part of a post-clearance agreement. Consequently, the Court upheld the Tribunal's decision, ruling that the Department's demand for additional customs duty was unjustified under Rule 4(1) of the Customs Valuation Rules, 1988.

COMMNR. OF CUSTOMS, MAHARASHTRA vs M/S. GALAXY ENTERTAINMENT (I) P.LTD.&ORS · Niyam