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november 2008

Supreme Court of India · 2008-11-11

Commnr.Of Customs (Prev.), Gujarat vs M/S. Atam Manohar Ship Breakers Ltd

Citation / case number
AIRONLINE 2008 SC 349
Court
Supreme Court of India
Petitioner
Commnr.Of Customs (Prev.), Gujarat
Respondent
M/S. Atam Manohar Ship Breakers Ltd
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Supreme Court addressed the valuation of a ship imported by M/s. Atam Manohar Ship Breakers Ltd., focusing on the validity of an addendum to the Memorandum of Agreement (MoA) that reduced the price from USD 9,70,960.23 to USD 8,70,960.23. The Court found the addendum to be self-serving and lacking in genuineness, as it did not specify the date of execution or reasons for the price reduction. Consequently, the Court set aside the lower judgments and upheld the original valuation of the vessel at USD 9,70,960.23, ruling in favor of the Department.

Commnr.Of Customs (Prev.), Gujarat vs M/S. Atam Manohar Ship Breakers Ltd · Niyam