Supreme Court of India · 2008-04-10
Commissioner Of Customs, Mumbai vs M/S. J.D. Orgochem Limited
- Citation / case number
- AIR 2008 SC (SUPP) 1985
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Customs, Mumbai
- Respondent
- M/S. J.D. Orgochem Limited
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court addressed the jurisdiction of the assessing officer under the Customs Act, 1962, specifically Sections 2(41) and 14(1), regarding the rejection of declared transactional values by importers. The Court upheld the Tribunal's decision that the importer provided justifiable reasons for the reduced price of goods, emphasizing that the absence of contemporaneous imports and the importer's unique position negated the need for the department to prove the invoice price's genuineness. Consequently, the appeal was dismissed, affirming the Tribunal's ruling in favor of the respondent.