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2014 (8) TMI 614 - HC - Central ExciseValuation of goods - Whether the finding of the Tribunal that the order of the Commissioner (Appeals) with regard to the period prior to 2.3.2001 holding that the demurrage charges are addable to the assessable value is not correct in the light of Board's Circular No.14/2001, dated 2.3.2001 - Held that:- admittedly, the transactions relate to a period prior to the issuance of Circular No.14/2001-Cus, dated 2.3.2001. It is beyond any cavil that as per the circular issued by the Board of Central Excise in F.No.467/21/89-Cus.V, dated 14.8.1991, which was prevailing during the relevant period, demurrage charges and despatch money do not form part of the assessable value. In the light of the decision of the Supreme Court in Indian Oil Corporation Ltd. case, referred [2004 (2) TMI 66 - SUPREME COURT OF INDIA], the Department cannot be permitted to take a stand contrary to the instructions of the Board - Decided against Revenue.
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