Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2000 (7) TMI 104

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Tribunal in the case of Godavari Fertilizers and Chemicals v. C.C., Visakhapatnam reported in 1996 (81) E.L.T. 535 (S.C.) (sic) has held that where the parties had purchased the goods from MMTC on high-sea sales basis, the transaction value, (for the purpose of assessment for levy of customs duty) in such cases, has to be taken on the basis of the revised invoice value submitted by M/s. MMTC t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sales by MMTC to the appellant. It is clear that at the time of sale, title vested with MMTC and at the time of presentation of the Bill of Entry title vested with the appellant. Rule 4 of the Customs Valuation Rules, 1988 speaks of "transaction value". The question is which is the transaction which is to be taken into consideration; the transaction between the foreign supplier and MMTC or transa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Supreme Court in the case of Hyderabad Industries Ltd. v. Union of India reported in 2000 (115) E.L.T. 593 (S.C.). A copy of this judgment, incidentally, is placed in the paper book filed by the appellant. In this judgment their Lordships of the Supreme Court have held that service charges payable to the MMTC by the appellant for importation of the goods made by them, is includible in the assessa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates