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FOB Value was protected by privity of contract and couldn’t be modified by stranger
Case Law Details
- Case Name
- Isgec Heavy Engineering Ltd. Vs Commissioner of Customs (Export) (CESTAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Delhi
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Isgec Heavy Engineering Ltd. Vs Commissioner of Customs (Export) (CESTAT Delhi)
Conclusion: FOB value was the product of negotiations and deliberations between the parties to the contract, which value could not be modified by any stranger to the contract by virtue of the principle of “privity of contract”. The FOB value of the individual components declared by the assessee, therefore, could not have been rejected.
Held: Assessee was engaged in manufacture and export of heavy engineering goods such as boilers and sugar plants, entered into lump-sum contracts with foreign bu...






