Home Case Index All Cases Customs Customs + AT Customs - 2019 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 1255 - AT - CustomsValuation of imported goods - inclusion of Demurrage charges in the assessable value - Held that:- The Customs (Valuation) Rules, 1988 was superseded by the Customs (Valuation) Rules, 2007 w.e.f. 10/10/2007. The Customs (Valuation) Rules, 1988 did not have specific provision for inclusion of ship demurrage charges. Such provision stands inserted only w.e.f. 10/10/2007. As such, there is no mandate for inclusion of the ship demurrage charges upto 10/10/2007. This issue was considered at length by the Larger Bench of the Tribunal in the Grasim Industries [2013 (10) TMI 246 - CESTAT AHMEDABAD], where it was held that In no stretch of imagination the demurrage can be included in the value of the goods for the purpose of assessment of customs duty under Section 14(1) of the Customs Act, 1962 or any other provision of the said Act. The Lower Authority is directed to re-assess Bills of Entry of the appellant for the period 02/03/2001 until 09/10/2007 (both days inclusive) without including the ship demurrage charges in the assessable value of the goods - appeal allowed - decided in favor of appellant.
|