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february 2008

Supreme Court of India · 2008-02-21

M/S. WEP PERIPHERALS LTD. vs COMMISSIONER OF CUSTOMS, CHENNAI

Citation / case number
SC 2006/8429
Court
Supreme Court of India
Petitioner
M/S. WEP PERIPHERALS LTD.
Respondent
COMMISSIONER OF CUSTOMS, CHENNAI
Author
B. SUDERSHAN REDDY S. H. KAPADIA
Bench
B. SUDERSHAN REDDY S. H. KAPADIA

Judgment text excerpt

The Supreme Court held that the adjudicating authority erred in loading the royalty/licence fee onto the price of imported shuttles 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 the foreign supplier, indicating a price reduction due to bulk orders, should have been considered. Consequently, the Court set aside the Tribunal's judgment and allowed the appeals, affirming the appellant's position.

M/S. WEP PERIPHERALS LTD. vs COMMISSIONER OF CUSTOMS, CHENNAI · Niyam