Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2008

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.

Commissioner Of Customs, Mumbai vs M/S. J.D. Orgochem Limited · Niyam