VidhiSangh

Supreme Court of India · 01/05/2025

M/S. COAL INDIA LIMITED versus COMMISSIONER OF CUSTOMS (PORT), CUSTOMS HOUSE, KOLKATA

[2025] 5 S.C.R. 1891 · 2025 INSC 609

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Summary

Coal India's subsidiary imported P&H shovel spares under a purchase order requiring, in addition to 100% of the FOB value payable to the US supplier, payment of 8% of FOB to the supplier's Indian agent (Voltas) as engineering and technical service charges. The Supreme Court upheld the customs authorities and CESTAT: the product support services were pre-importation activities directly relatable to the import and a condition of sale, so the charges were includible in the assessable value under Section 14 of the Customs Act read with Rule 9(1)(e) of the Customs Valuation Rules, 1988, and were not excluded by the Note to Rule 4.

Issues

  1. Whether engineering and technical service charges of 8% of FOB value paid by the importer to the foreign supplier's Indian agent form part of the assessable value of the imported goods under Section 14 of the Customs Act read with Rule 9 of the Customs Valuation Rules, 1988.
  2. Whether such charges are excluded by the Note to Rule 4 as charges for maintenance or technical assistance undertaken after importation.

Provisions considered

Held

Result

Appeal dismissed; CESTAT order dated 20.04.2010 confirming the inclusion of the engineering and technical service charges in the assessable value and the demand of Rs. 64,47,244 upheld.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 1891.