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january 2008

Supreme Court of India · 2008-01-24

COMMNR. OF CUSTOMS, KOLKATA vs M/S. INITIATING EXPLOSIVES SYSTEMS I.LTD

Citation / case number
SC 2002/63134
Court
Supreme Court of India
Petitioner
COMMNR. OF CUSTOMS, KOLKATA
Respondent
M/S. INITIATING EXPLOSIVES SYSTEMS I.LTD
Bench
ASHOK BHAN & DALVEER BHANDARI

Judgment text excerpt

The Supreme Court, in Civil Appeal No. 2237 of 2002, held that the Customs Tribunal's decision to accept the declared value of imported goods under Section 14(1A) of the Customs Act, 1962 was justified. The Court found that the relationship between the importer and exporter, where the exporter held 30% equity in the importer, did not influence the price reduction as there was no mutuality of interest. The Court upheld the Tribunal's ruling that the importer was not required to assess the goods at the higher value determined by the Customs authorities, thereby affirming the Tribunal's order.

COMMNR. OF CUSTOMS, KOLKATA vs M/S. INITIATING EXPLOSIVES SYSTEMS I.LTD · Niyam