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Civil · Reportable judgment

M/s. Coal India Limited vs Commissioner of Customs (Port), Customs House, Kolkata

Court
Supreme Court of India
Date
1 May 2025
Case No.
Civil Appeal No. 8028 of 2010
Result
Dismissed
Bench
Abhay S. Oka, Ujjal Bhuyan
Citation
[2025] 5 S.C.R. 1891 : 2025 INSC 609
Acts & Sections
Customs Valuation (Determination of Price… Customs Act, 1962 Customs Tariff Act, 1975 General Clauses Act, 1897
Supreme Court Reports [2025] 5 S.C.R. 1891 : 2025 INSC 609
Issue for consideration
Whether the engineering and technical service fees/agency commission/charges paid by the appellant and its subsidiaries to the local agent of the overseas supplier were includable in the assessable value of the imported goods (spare parts) under the Customs Act, 1962, as held by all the lower authorities.
Headnote

Customs Act, 1962 – s.14(1), (1A) – Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 – r.9(1)(a) and (e); Note to r.4 – Assessable value of the imported goods (spare parts), for the purpose of levy of customs duty – Assistant Commissioner of Customs passed order finalizing provisional assessment of bills of entry covering goods imported by the appellant and its subsidiaries under several purchase orders – It held that the engineering and technical service fees (8 percent of the Free on Board (FOB) amount) paid by the appellant and its subsidiaries to the local agent of the overseas supplier, M/s Voltas Limited as reflected in the purchase order were includable in the assessable value of the imported goods (spare parts) u/r.9(1)(a) and r.9(1)(e), 1988 Rules r/w s.14(1)(a), 1962 Act – Since the appellant had failed to include such service fees/agency commission/charges in the assessable value of spare parts so imported resulting in short levy of customs duty amounting to Rs.64,47,244.00, the appellant was directed to pay the same – Order confirmed by Commissioner (Appeals) as also by CESTAT – Challenge to – Interference, if warranted:

Held: No – View taken by all the lower authorities is correct – CESTAT carefully analysed the relevant documents and held that the services rendered were such that appellant faced no inconvenience at the time of importation – Amounts paid to Voltas Limited by the appellant were not linked to any services specifically rendered by it – Payments were made only in connection with the sale of the goods presumably because M/s Voltas Limited was an agent of the foreign supplier – Thus, payments made to M/s Voltas Limited were only as a condition of sale and not for any services rendered – Therefore, it had a direct nexus to the value of the goods imported – Services rendered by the Indian agent were not post-importation activities – The services provided were directly relatable to the import of the goods by way of product support service covered by ss.14(1) and 14(1A), Customs Act r/w r.9(1)(e), Customs Valuation Rules. [Paras 25.1, 33, 34]

Read the full headnote (2 more paragraphs)

Customs Act, 1962 – s.14 – Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 – Note to r.4; r.12 – Plea of the appellant that note to r.4 has statutory force and it stipulates that value of imported goods shall not include charges for maintenance or technical assistance undertaken after importation of imported goods:

Held: This Court in J.K. Corporation Limited adverting to Note to r.4 held that what would be excluded for computing the assessable value for the purpose of levy of customs duty is any amount paid for post-importation activities including any amount paid for postimportation technical assistance. [Para 31]

Keywords: Customs duty · Engineering and technical service fees · Direct nexus to the value of the goods imported · Engineering and technical service fees includable in the assessable value of imported goods · Assessable value of the imported goods (spare parts) · Service fees · Agency commission · Agency charges in the assessable value of spare parts imported · Not post-importation activities · Transaction value of the imported goods · Computation of the assessable value for the purpose of levy of customs duty

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Ujjal Bhuyan, J. This is an appeal under Section 130E of the Customs Act, 1962 against the order dated 20.04.2010 passed by the Customs, Excise and Service Tax Appellate Tribunal, Kolkata in appeal No.CDM-164/2004. 2. Be it stated that appellant had filed appeal No.CDM-164/2004 before the Customs, Excise and Service Tax Appellate Tribunal, Kolkata (‘CESTAT’ for short hereinafter) assailing the order dated 21.06.2004 passed by the Commissioner of Customs (Appeals), Kolkata confirming the order of the Assistant Commissioner of Customs and dismissing the appeal filed by the appellant.
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