2015 (12) TMI 1141 - AT - Customs

Valuation - Inclusion of demurrage charges - Held that - In the appellant s own case the Larger Bench of the Tribunal 2013 (10) TMI 246 - CESTAT AHMEDABAD (both of us were Members) had taken a view that if the demurrage charges cannot be included for levy of Customs duty on the imported goods even if the assessments are made provisionally. Since the issue is now settled by the decision of the Larger Bench of the Tribunal we hold that the impugned order passed by the first appellate authority is correct legal and does not suffer from any infirmity. - Decided against Revenue.

Summary

The Appellate Tribunal CESTAT AHMEDABAD ruled in favor of the respondent, stating that demurrage charges need not be included for the purpose of valuation and demand of Customs duty. The decision was based on a previous ruling by the Larger Bench of the Tribunal. The appeal filed by the Revenue was rejected.