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2017 (1) TMI 525 - CESTAT MUMBAIValuation - High Seas Sale - CIF value + 2% notional High Seas Sale commission when acceptable? - whether the difference between declared value in Bill of Entry and tax invoice value is includible in the assessable value? - Held that: - the tax invoice raised by the High Sea seller to the High Sea buyer clearly disclosed that value charged is over and above the CIF Value + 2%, therefore method of valuation i.e. CIF Value + 2% will not be applicable in the present case. As regard the LC charges, we are of the view that since LC charges are borne during the course of import as L.C. is opened pre import of the goods, all the expenses which are borne pre-clearance of the imported goods shall be includible in the assessable value. As regard the administrative charges, which appellant claimed that it is on account of various services such as assistance in erection and installation of machine, we find that appellant could not produce any evidence in this regard either before the adjudicating authority or before the Commissioner(Appeals) even when the matter was heard by us, no evidence was produced regarding the nature of the administrative charges, therefore so called administrative charges, in our view is nothing but Sales profit only of the High Sea seller which at par with High Sea Sale commission. Therefore the same is clearly includible in the assessable value. Extended period of limitation - Held that: - the value in the High Sea Sale contract was mis-declared and fact was suppressed from the department. In this circumstances extended period of demand was rightly invoked. Appeal dismissed - decided against appellant.
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