Customs Valuation (Determination of value of Imported goods) Rules, 2007 › Customs Valuation (Determination of value of Imported goods) Rules, 2007

Rule 8. Computed value

Customs Valuation (Determination of value of Imported goods) Rules, 2007

Official text

Rule 8. Computed value. — Subject to the provisions of rule 3, the value of imported goods shall be based on a computed value, which shall consist of the sum of:-

(a) the cost or value of materials and fabrication or other processing employed in producing the imported goods;

(b) an amount for profit and general expenses equal to that usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to India;

Judgments on Rule 8

M/S Jairath International And Another vs Union Of India And Others — Punjab-Haryana High Court, 4 Oct 2019. The customs department has no power under Rule 16 of the Drawback Rules, 1995 or the Valuation Rules, 2007 to re-assess a shipping bill duly assessed at the time of export, because goods already exported are not 'export…
) M/S. S.S. Impex vs Commr. Of Customs (Port), Kolkata — CESTAT, 27 Mar 2012. Casting suspicion on the invoice produced by the importer is not sufficient to reject it as evidence of value; undervaluation must be proved by cogent evidence or comparable imports, and goods once held to be what was…
) M/S. A.N. Impex vs Commr. Of Customs (Port), Kolkata — CESTAT, 27 Mar 2012. Rule 12 of the Customs Valuation Rules, 2007 does not by itself provide a method for determination of value; it only permits rejection of the declared transaction value where reasonable doubt is established with…
Cadila Healthcare Ltd vs Vadodara-I — CESTAT, 4 Dec 2023. Where an EOU makes full and regular disclosures of its DTA clearances to the authorities, the value must be determined in accordance with Section 14 of the Customs Act and the Customs Valuation Rules, 2007 (including…
M/S Narula Tools International vs Commissioner, Commissionerate Of… — Punjab-Haryana High Court, 18 Oct 2019. A show cause notice issued after 1.10.2017 invoking Rule 16 of the repealed Drawback Rules, 1995 to recover drawback or reassess the value of goods already exported is unsustainable, both for want of saving under Rule…
Century Knitters (India) Ltd. And… vs Union Of India And Others — Punjab-Haryana High Court, 18 Oct 2019. A show cause notice issued after 01.10.2017 invoking Rule 16 of the repealed Drawback Rules, 1995 is not sustainable in view of Rule 20(2) of the Drawback Rules, 2017, the 1995 Rules contain no mechanism for raising…
Zee Knits And Weaves Private Limited And… vs Union Of India And Ors — Punjab-Haryana High Court, 18 Oct 2019. A demand of duty drawback under Rule 16 of the Drawback Rules, 1995 pursuant to a show cause notice issued more than five years after export/assessment or after 01.10.2017 (when the 1995 Rules stood repealed) is not…
M/S Famina Knit Fabs vs Union Of India And Others — Punjab-Haryana High Court, 20 Sep 2019. A demand of duty drawback as erroneously or excessively availed is bad in law where the rule invoked (Rule 16, Drawback Rules, 1995) prescribes no machinery or procedure for determining and demanding such drawback, and…
Aquatech Systems (Asia) Pvt Ltd vs Cc (Import) Mumbai — CESTAT, 18 Jan 2019. Royalty paid under a technology agreement is includible in the value of imported goods under Rule 9(1)(c)/Rule 10(1)(c) of the Valuation Rules where, on the agreement's terms and the parties' course of dealing, it is a…
M/S Aarti Impex vs Cce, Ghaziabad — CESTAT, 21 Feb 2013. A declared transaction value cannot be rejected on the basis of NIDB data unless the comparable imports are matched in country of origin, time of import, quality and quantity, and absent any evidence of extra payment to…
M/S. M.S. Enterprises vs The Commissioner Of Customs — CESTAT, 15 Mar 2012. A document seized from a third party cannot be relied upon to reject an importer's declared value unless the seizure Panchnama/Mahazar and the related statements are furnished to the importer, and failure to do so…
M/S. Sellers Men vs Commissioner Of Customs(Imp.), Nhava Sheva Respondents Appearance Shri K.k.singh, Advocate For Appellants Shri K.lal, Authorized Representative — CESTAT, 16 Jul 2009. The burden of proving under-valuation rests on the Revenue, and a declared transaction value cannot be rejected by comparing the price of goods bought at auction on stock-lot basis with Indian retail market prices,…