VidhiSangh

Supreme Court of India · 27/04/2020

COMMISSIONER OF CUSTOMS (PORT) KOLKATA versus M/S STEEL AUTHORITY OF INDIA LTD.

[2020] 9 S.C.R. 109 · 2020 INSC 367

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Distinguishable charges for post-importation design, engineering and supervision could not be added to the customs value of the imported equipment merely because the arrangements had turnkey features. Rule 9(1)(e) required an established condition of sale, not an assumption drawn from obtaining equipment and services from the same consortium. No contractual provision or other material established that condition here. The Tribunal’s exclusion of the disputed charges was upheld.

Issues

  1. Whether turnkey features alone made post-importation service charges a condition of the equipment sale.
  2. Whether a single agreement prevented segregation of equipment and post-importation services.
  3. Whether the Revenue established grounds for adding the disputed charges.

Provisions considered

Held

Result

Revenue’s appeal dismissed; Tribunal’s order upheld. Connected applications disposed of without costs.

Judgment PDF: Supreme Court of India, [2020] 9 S.C.R. 109.