My client imports goods from China. The Invoice value say is Rs.1,00,000/-.The Custom dept values the goods at Rs.2,00,000/- and imposes duty of 30% which amounts to Rs.60,000/- Now what is the purchase price for the goods. Is it Rs.1,60,000/- or Rs.2,60,000/-.Whether Sales Tax Authority can dispute the sale price based on custom valaution and reject the books of accounts stating that the sales are undervalued.
Customs valuation does not automatically change purchase price; invoice plus duty actually paid governs sales tax treatment. The operative purchase price for the importer is the invoice value plus the duty actually paid; a higher customs valuation and duty assessed by customs does not per se change the purchaser's recorded purchase price or obligate the sales tax authority to reject books absent separate grounds. (AI Summary)