Sponsored
    Follow Us:

Case Law Details

Case Name : Wipro Ltd Vs Assistant Collecter of Customs & Ors. (Supreme Court)
Appeal Number : Civil Appeal No(s). 9766-9775 Of 2003
Date of Judgement/Order : 16/04/2015
Related Assessment Year :
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

Brief Facts of the case

The subject matter in the present case is the constitutional validity of proviso (II-i) of Rule 9(2) of the Customs Valuation (Determination of Price of   Imported   Goods)   Rules,   1988 (hereinafter referred to as the “Valuation Rules”). This proviso has been inserted by Notification No.39/90 dated 05.07.1990 issued by the Ministry of Finance, Department of Revenue, Union of India. As per the appellant, this proviso is not only ultravires Section 14(1) and Section 14(1-A) of the Customs Act, 1962 (hereinafter referred to as the ‘Act’) but is also violative of Article 14 and Article 19(1)(g) of the Constitution of India.

The appellant is engaged in the manufacture and marketing of Mini and Micro Computer Systems and peripheral devices like printer, drivers etc.   It, inter alia, imported various components including software from time to time. The appellant presented a Bill of Entry No.15020 dated 15.04.1993.   The chargeable weight of the consignment was 315 kgs and the actual loading, unloading and handling charges amounted to Rs.65.40 as per the tariff of the International Airport Authority of India, Madras (now Chennai).   However, the Customs Authorities, on the basis of the impugned notification added a sum of Rs.15,214.69 to the value of the goods as handling charges as the impugned provision entitles the authorities to add 1% of the F.O.B. value of goods on account of loading, unloading and handling charges. The actual duty charged, as a consequence of addition of the notional handling charges, amounted to Rs.16,209.20 instead of Rs.69.98

Contentions of the Appellant

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

0 Comments

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031