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2015 (7) TMI 26 - AT - CustomsRejection of refund claim - Assessment of liquid cargo - manner of assessment - Assessment to be done on the invoice price when duty is payable on ad valorem basis and was to be done on shore tank quantity received when duty is payable on specific rate basis - Held that:- the import of goods into India would commence when the same cross into the territorial waters but continues and is completed when the goods become part of the mass of goods within the country; the taxable event being reached at the time when the goods reach the customs barriers and the bill of entry for home consumption is filed. - in case of NOCIL (2002 (2) TMI 1316 - SUPREME COURT), the Hon'ble Supreme Court affirmed that duty can only be charged on the quantity received in the shore tank. The same view has been reaffirmed by Tribunal in the cases of Ruchi Infrastructure Ltd. (2007 (11) TMI 210 - CESTAT, BANGALORE) and General Foods (2008 (5) TMI 546 - CESTAT, AHMEDABAD). The law as it exists clearly lays down that the value on which duty is payable will be the value of goods actually imported into the shore tanks. - Decided in favour of assessee.
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