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april 2015

Supreme Court of India · 2015-04-13

COMMNR. OF CUSTOMS, AHMEDABAD vs M/S. ESSAR STEEL LTD.

Citation / case number
SC 2004/983
Court
Supreme Court of India
Petitioner
COMMNR. OF CUSTOMS, AHMEDABAD
Respondent
M/S. ESSAR STEEL LTD.
Author
R.F. Nariman
Bench
ROHINTON FALI NARIMAN A.K. SIKRI

Judgment text excerpt

The Supreme Court addressed the issue of whether charges paid for technical services by M/s. Essar Steel Ltd. to Met Chem Canada Inc. should be included in the assessable value for customs duty under the Customs Act, 1962. The Court held that such charges are indeed part of the transaction value as they are necessary for the setting up and commissioning of the plant, thereby affirming the inclusion of these charges in the customs duty assessment. The judgment clarifies the interpretation of 'transaction value' under Section 14 of the Customs Act, 1962, reinforcing the principle that all costs incurred to bring goods to their final destination should be considered.

COMMNR. OF CUSTOMS, AHMEDABAD vs M/S. ESSAR STEEL LTD. · Niyam