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Tax & Customs LawSupreme Court of India

Commissioner of Central Excise and Service Tax, Noida v. M/s. Sanjivani Non-Ferrous Trading Pvt. Ltd.

Civil Appeal · 2018 INSC 1178Decided 10 Dec 2018
Civil Appeal Nos. 18300-18305 of 2017
Justice A.K. Sikri · Justice S. Abdul Nazeer

Background

The respondent imported Aluminium scrap in 843 separate shipments and declared a transaction value in its Bills of Entry for customs duty purposes. The customs Assessing Officer found this value too low, rejected it, and raised the assessable value instead, a decision upheld by the Commissioner (Appeals). The Customs, Excise and Service Tax Appellate Tribunal reversed this, restoring the importer's declared value, and the Revenue (Commissioner of Central Excise) appealed that reversal to the Supreme Court.

Decision Breakdown

The Court held that under Section 14 of the Customs Act, 1962 and the Customs Valuation Rules, the price actually paid for a transaction is ordinarily the deemed assessable value, and the Department can only depart from it by giving cogent reasons: such as proof of contemporaneous imports of identical/similar goods at a higher price, or that buyer and seller are related and price was not the sole consideration. Relying on its own precedents (Eicher Tractors, South India Television, and Prabhu Dayal Prem Chand), the Court found that the Assessing Officer here never carried out this exercise or produced such comparative evidence before rejecting the declared value, so the Tribunal was right to set aside the enhanced assessment and restore the importer's declared transaction value. The Revenue's appeals were accordingly dismissed.

Lesson Learnt

Customs authorities cannot simply disbelieve an importer's declared invoice price and unilaterally raise it; they must first gather concrete evidence (such as comparable contemporaneous import prices) and give reasoned findings before rejecting the declared transaction value.

Commissioner of Central Excise and Service Tax, Noida v. M/s. Sanjivani Non-Ferrous Trading Pvt. Ltd. – Legal Case Shots | LegalAware