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february 2008

Supreme Court of India · 2008-02-21

M/S Wep Peripherals Ltd vs Commissioner Of Customs, Chennai

Court
Supreme Court of India
Petitioner
M/S Wep Peripherals Ltd
Respondent
Commissioner Of Customs, Chennai
Bench
S. H. Kapadia, B. Sudershan Reddy

Judgment text excerpt

The Supreme Court held that the adjudicating authority erred in loading the royalty/license fee onto the price of imported goods under Rule 9(1)(c) of the Customs Valuation Rules, as the royalty was not a condition of sale and the price was negotiated based on a bulk order. The Court emphasized that the correspondence between the importer and foreign supplier, indicating a price discount due to bulk orders, should have been considered. Consequently, the appeals were allowed, setting aside the erroneous judgments of the Tribunal.

M/S Wep Peripherals Ltd vs Commissioner Of Customs, Chennai · Niyam