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2008 (10) TMI 233 - CESTAT, BANGALOREValuation – high sea sale agreement – appellant recovered various charges from high sea seller - The charges are :- (1) Demurrage charges; (2) Bank charges; (3) facilitation charges; (4) Survey charges – held that - In terms of the Agreement, it is true that all these charges have necessarily to be paid - IOCL themselves have stated that these charges are towards offering services like tender negotiations, participation in International bidding by IOCL for effecting the import of the furnace oil. - Therefore, these are definitely the service charges and cannot be post-importation charges - It is abundantly clear that these charges are paid as a condition of sale by the appellant who is a buyer to the IOCL who is a seller. Therefore, all these charges have to be or includible in the assessable value in terms of Rule 9(1)(e) of the Customs Valuation Rules, 1988 – suppression of facts upheld – demand beyond normal period of limitation upheld
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