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2017 (10) TMI 302 - AT - CustomsValuation - includibility - demurrage charges - High Sea Sales Commission (HSSC) - Whether demurrage charges are to be included in the assessable value or not? - Held that: - the issue of inclusion of demurrage charges in the assessable value has been decided by the Hon’ble Supreme Court in the case of CCE, Mangalore vs. M/s Mangalore Refinery Petrochemicals Ltd. (MRPL) [2016 (1) TMI 325 - SUPREME COURT] wherein it has been held that demurrage charges are incurred after the goods reach Indian Ports and hence, this is a post importation event, and cannot form part of transaction value. Whether the penalty on the appellant M/s. BPCL is imposable and if so, how much it is to be? - Held that: - goods were initially assessed provisionally and later assessed finally under Section 18 of the Customs Act, and the fact that when the mistake of non-declaration of payment of 1.5% HSSC to M/s. IOCL was noticed, the appellant, BPCL paid the differential duty along with interest on 6.9.2004, the penalty under Section 114A of the Customs Act, 1962 is not liable to be imposed - penalty set aside. Whether Redemption Fine is imposable? - Held that: - the matter of imposition of redemption fine has been discussed by the Larger Bench of the Tribunal in the case of Shiv Kripa Ispat Pvt. Ltd. CCE [2009 (1) TMI 124 - CESTAT MUMBAI], wherein it has been held that where the goods had been cleared without execution of any bond /undertaking, no redemption fine could be imposed under Section 125 in lieu of confiscation - the impugned order imposing redemption fine of ₹ 5,00,000/- is hereby set aside. Appeal allowed - decided in favor of appellant.
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