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.