Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Custom Duty

Engineering and technical service fee includible in assessable value due to direct nexus with import of goods

Case Law Details

TaxGuru Citation
2025 taxguru.in 3380
Case Name
Coal India Limited Vs Commissioner of Customs (Port) (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
Advertisement

Coal India Limited Vs Commissioner of Customs (Port) (Supreme Court of India)

Supreme Court held that engineering and technical service fee/ charges paid to local agent of foreign supplier constitute an integral condition of sale of imported goods and hence includible in the assessable value of imported goods.

Facts- Appellant is a Government of India undertaking and has subsidiaries in the country. On 26.02.2000, Central Coalfields Limited, which is a subsidiary of the appellant, had invited sealed tenders for supply of spare parts for P&H Shovel.

On 28.03.2000, M/s Harnischfeger Corporation, USA submitted its quotations through its distributor M/s Voltas Limited. In the terms and conditions, towards engineering and technical service fees an amount of 8 percent of the Free on Board (FOB) amount valued on pro-rata basis against each shipment, was to be paid to M/s Voltas Limited, Kolkata in Indian rupees. Payment to be made to M/s Voltas Limited was not to be deducted from the FOB amount.

On 03.04.2000, M/s Voltas Limited submitted detailed quotation on behalf of its principal M/s Harnischfeger Corporation, USA (foreign supplier). Purchase order was placed on 20.12.2000 with the foreign supplier for supply of spares required for P&H Shovel.

Foreign supplier supplied the spares on 21.03.2001 which were received by the appellant on provisional assessment of bills of entry made by the customs authority.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.