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2018 (2) TMI 1134 - AT - CustomsRefund claim - valuation - air freight - case of appellant is that as per Rule 10(2) of the Customs Valuation (Determination of value of the imported goods) Rules, 2007, the assessable value has to be arrived by restricting the air freight component to 20% of the FOB value of the goods - Held that: - the freight element has to be restricted to 20% of the FOB value when the cost of transportation of the goods is ascertainable and the transportation is by air - appellant has paid total duty of ₹ 23, 85,494/-. The duty payable under the proviso of Rule 10 would be ₹ 15,09,938/-. Hence, the appellants have paid excess duty of ₹ 8,75,356/- - appellant is eligible for refund - appeal allowed - decided in favor of appellant.
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