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2013 (1) TMI 638 - AT - CustomsRefund of duty - Cost of transportation Despatch money - Deduction in freight for unloading the vessel before stipulated time - Rule 10 of Customs Valuation Rules Whether any deduction is given in the cost of transport in the form of despatch money, entitled for deduction from assessable value u/s 14 of the Customs Act read with Rule 9(2)(a) of the Customs Valuation (DOP of Imported Goods) Rules, 1988 Department argue that Rule 10 of the Customs Valuation Rules allows only addition of certain items of cost and not deduction and cannot be treated on the same footing as demurrage charges - Held that:- Following the decision in case of ASSOCIATED CEMENT CO. LTD. (1998 (5) TMI 128 - CEGAT, MADRAS) and later affirmed by Supreme Court of India that deduction granted by the Shipping Company as despatch money on the cost of transport. When this point is clear then the question gets answered automatically inasmuch as that when this despatch money is a part of freight, such deduction granted will be eligible for exclusion from the assessable value, because only the noted cost of transport would be added to the assessable value. In favour of assessee
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