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2015 (5) TMI 959 - AT - CustomsValuation - additions - Difference in moisture content of the consignments of M.T. Copper concentrate imported by the assessee, at the time of loading the consignment at the port of shipment and at the time of importation - Held that:- Revenue has tried to make a distinction on facts which we are not inclined to appreciate. It does not make any difference whether the present case is one of the High Sea Sales which was not the fact before the Apex Court. Hon'ble Apext Court has held that once freight is included in the assessable value up to the port of unloading then no further expenses on account of lightrage and stevedoring can be added to the cost of transportation. We find that there is no difference on facts and the law laid down by Apex Court in the case of Ispat Industries Limited vs. CC, Mumbai (2006 (9) TMI 181 - SUPREME COURT OF INDIA) will be squarely applicable. Once a consignment has been imported under one invoice, the same will represent the transaction value of the imported goods as no contrary evidence of extra repatriation to seller is available on record - there could be a difference in the moisture content of the copper concentrate of the port of loading and port of discharge, depending upon the climatic conditions and the method of sampling. However, to our mind, such a variation will not have any bearing on the valuation for an agreed price which has been paid. The ratio of the case law laid in the case of CC (Prev.), Jamnagar vs. Gujarat Ambuja Limited, Jamnagar (2012 (6) TMI 177 - CESTAT, AHMEDABAD) is squarely applicable to the issue - Decided against Revenue.
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