Brand-promotion expenses not to be included in valuation of imported goods: SC

Commissioner of Customs Vs Indo Rubber And Plastic Works (Supreme Court of India)

The Hon’ble Supreme Court of India in The Commissioner of Customs v. M/s Indo Rubber and Plastic Works [Civil Appeal No. 3685/2020 dated July 01, 2021] dismisses Revenue’s Special Leave Petition (SLP) against the Customs Excise and Service Tax Appellate Tribunal (CESTAT) order which had held that marketing, advertising, sponsorship and promotional expenses/payments made by the assessee (importer) for promotion of brand is not includible in assessable of imported sports goods and thus, Rule 10(1)(e) of Customs (Determination of Price of Imported Goods) Rules, 2007 (Customs Valuation Rules) is not invokable.

Facts:

M/s Indo Rubber and Plastic Works (“the Assessee”) is engaged in importing and distribution of sports goods of ‘Li Ning’ brand of sport goods like Badminton Racquets, shuttles, shoes, clothes, bags etc. from M/s Sunlight Sports Pte. Ltd., Singapore (“the Exporter”).

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