2000 (7) TMI 104

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....   [Order per: K.K. Bhatia, Member (T)]. - A Two Member Bench of the Tribunal in the case of Godavari Fertilizers and Chemicals v. C.C., Visakhapatnam reported in 1996 (81) E.L.T. 535 (S.C.) (sic) has held that where the parties had purchased the goods from MMTC on high-sea sales basis, the transaction value, (for the purpose of assessment for levy of customs duty) in such cases, has to....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of Entry was actually presented by the appellant on the strength of high-sea sales by MMTC to the appellant. It is clear that at the time of sale, title vested with MMTC and at the time of presentation of the Bill of Entry title vested with the appellant. Rule 4 of the Customs Valuation Rules, 1988 speaks of "transaction value". The question is which is the transaction which is to be taken into c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....issue under consideration stands fully resolved by the judgment of the Hon'ble Supreme Court in the case of Hyderabad Industries Ltd. v. Union of India reported in 2000 (115) E.L.T. 593 (S.C.). A copy of this judgment, incidentally, is placed in the paper book filed by the appellant. In this judgment their Lordships of the Supreme Court have held that service charges payable to the MMTC by the app....