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2015 (11) TMI 886 - AT - CustomsValuation - inclusion of demurrage charges in the assessable value - Held that:- Larger Bench [2013 (10) TMI 246 - CESTAT AHMEDABAD] was examining the excludability of demurrage charges in the assessable value between two CBEC circulars 14/2001-cus dated 02/2/2001 and 26/2006-cus at 26/9/2006, therefore, the period got mentioned in Para 14 of this order was 02/3/2001 to 26/9/2006. However, the law laid down on excludability of demurrage charges by the Larger Bench was as per Para 12 of the Larger Bench order. It has been clearly held in Para 12 of the Larger Bench judgment in the case of CC Jamnagar vs. Grasim Industries Limited (Supra) that ship demurrage charges need to be included in the assessable value from the date when provisions of Customs Valuation Rules 2007 came into force. It is also evident from Rule 1(2) of the Customs Valuation (Determination of Value of imported goods) Rules 2007, issued under Notification No. 94/2007-cus (NT) dated 13/9/2007, that these Rules came into force with effect from 10/10/2007. The period involved in the present appeals is prior to 10/10/2007 as evident from Para 1 of the order dated 18/8/2009 passed by the first appellate authority. In view of the Larger Bench decision of Ahmedabad Bench in the case of CC Jamnagar vs. Grasim Industries Limited (Supra) ship demurrage charges paid by the appellant for the period prior to 10/10/2007 are not includable in the assessable value. - Decided against Revenue.
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