Page 26 - ELT_15th May 2020_VOL 372_Part 4th

xxiv EXCISE LAW TIMES [ Vol. 372
Valuation (Customs) (Contd.)
— Transaction value - Import of turnkey projects - Basic designing and
engineering fee - Whether “condition of sale” - Designs and drawings
related all post-importation project and project implementation activities
- No material to suggest that import of equipment effected with
simultaneous obligation that designs relating to post-importation
activities should also be obtained from same entity - It cannot be inferred
that since both obtained from same vendor, condition of obtaining
designs etc., for post-importation activities implicit in contract - Subject
drawings and specifications did not relate to equipment imported and
meant for post-importation activities - No condition laid down that
import of equipment were to be supplemented by post-importation work
- Rule 9(1)(e) of Customs Valuation (Determination of Price of Imported
Goods) Rules, 1998 cannot be automatically applied to every import
which has surface features of a turnkey contract - Rule 9(1) ibid not
applicable - Order of Tribunal affirmed - Section 14 of Customs Act, 1962
— Commissioner of Cus. (Port), Kolkata v. Steel Authority of India Ltd. (S.C.) ......... 478
Variation in Area based exemption scheme when clarificatory and
retrospective in operation - See under AREA BASED EXEMPTION ...... 495
WORDS AND PHRASES :
— Reason to believe, meaning and scope - See under ‘REASON TO
BELIEVE’ ....................................... 542
— Reconditioning - It is synonymous with repair — Aurobindo Pharma Ltd. v.
Commissioner of Customs, Hyderabad (Tri. - Hyd.) ...................... 622

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