2026-VIL-484-CESTAT-MUM-CU
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CUSTOMS CESTAT Cases

Customs - Assessable Value of Diamond Cutting and Scanning Machines - Whether the value of the software and the value of the hardware can be taken together to determine the transaction value of Diamond Cutting and Scanning Machines for the purpose of Section 14 of the Customs Act, and whether such redetermination of assessable value can be done after assessment by the proper Officer followed by clearance of goods - HELD - As per the settled position of law laid down by the Supreme Court in PSI Data Systems Ltd. and subsequent Constitution Bench decisions, the value of software sold along with the computer is not includable in the assessable value of the computers as software and hardware are distinct and separate articles. The Larger Bench decision relied upon by the Department is not applicable as it dealt with a case where there was no separate invoice for hardware and software, whereas in the present case, separate invoices were available. Further, when in the instant case the Larger Bench decision is found to be contrary to the findings of the Hon'ble Supreme Court, whose decisions are regarded as law of the land, its ratio can’t be taken as an aid to the determination of this appeal and on this score alone Appellants would succeed in their appeals - The re-opening of the assessment and the imposition of penalties and redemption fine are not sustainable in law as the goods were not imported in violation of any regulations and all the details were available with the Department at the time of import clearance - the impugned orders are set aside and the appeals are allowed
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