2023 (9) TMI 578 - CESTAT AHMEDABAD

Calculation of duty at the time of finalization of final assessment - to be paid on the basis of invoice value and the quantity indicated on the bills of lading or the quantity received by the importer/ appellants in their warehouse/ shore tanks? - HELD THAT:- The matter has been decided by the Hon’ble Apex Court in the case of MANGALORE REFINERY AND PETROCHEMICALS LTD. VERSUS COMMISSIONER OF CUSTOMS, MANGALORE [2015 (9) TMI 245 - SUPREME COURT] wherein the Hon’ble Supreme Court had held that the quantity of crude oil actually received into a shore tank in a port in India should be the basis for payment of customs duty.

In view of the above decision of the Hon’ble Apex Court, it is held that actual oil quantity physically received into the shore tank should be taken as the basis for payment of duty at the time of ex-bond bills of entry.

The impugned order-in-appeal is set aside - appeal allowed.