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february 2008

Supreme Court of India · 2008-02-21

COMMNR. OF CUSTOMS vs M/S. FERODO INDIA PVT. LTD.

Citation / case number
SC 2002/14985
Court
Supreme Court of India
Petitioner
COMMNR. OF CUSTOMS
Respondent
M/S. FERODO INDIA PVT. LTD.
Author
B. SUDERSHAN REDDY S. H. KAPADIA
Bench
B. SUDERSHAN REDDY S. H. KAPADIA

Judgment text excerpt

The Supreme Court addressed the interpretation of Rule 9(1)(c) and Rule 9(1)(e) of the Customs Valuation Rules, 1988, in the context of royalties and license fees related to imported goods. The Court held that such fees must be included in the transaction value if they are a condition of sale for the imported goods, thereby affirming the adjudicating authority's decision to add these amounts to the CIF value. The judgment clarified that the Tribunal's view, which separated the fees from the imported goods, was incorrect, leading to the appeal being allowed in favor of the Department.

COMMNR. OF CUSTOMS vs M/S. FERODO INDIA PVT. LTD. · Niyam