TMI Blog1997 (5) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned lower appellate authority relying on his earlier decision has held that these charges would not be includible for arriving at the assessable value under Section 14 of the Customs Act, 1962. His earlier order passed in this regard is not before us and both the sides have not filed the copies of the same. The learned lower authority in this regard in his order has held as under : It has also been decided in my earlier Orders that demurrage, wharfage and stock loss were not includible in the assessable value. Demurrage charges which were incurred by high sea seller on account of the delay on the part of the Steamer Agent to discharge the cargo were not part of freight but were part of delivery charges as it was associated with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r by the high seas seller though called by these expressions will form part of the high seas sale price. This view has been upheld in the Conference of Commissioners held at Madras from 23-25th July, 1990 and issued as departmental instructions in APDO No. 120/90." 4. It is seen from the grounds of appeal that the reliance is sought to be placed on the decision of the Commissioners in the Conference and the departmental instructions issued in persuance to that. The learned SDR for the Department has pleaded that the view of the Department is that since the sale took place on high seas and the high sea buyer, the respondents in the present case, stepped into the shoes of the high sea seller i.e. IOC in the present case, who transacted or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods have already moved from the country of supply and these are lying in a ship which is on the high seas and the ownership of the goods by reason of payments made can be taken to have been vested in the IOC, in the present case. [This we are presuming as the appellants sold the goods at high seas and it could be done only if they were the owners of the goods.] 5. At this stage the learned SDR pointed out that in one of their letters dated 10-4-1996 the respondents have informed the Assistant Collector that they are the co-buyers along with IOC. However the fact as has been brought on record is that the respondents are high sea buyers. 6. Be that as it may, we have mentioned all these facts with a view to elicit the response from bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed services alone are allowed to be added and these are : (a) Cost of the transport of the imported goods to the place of importation; (b) Loading, unloading and handling charges associated with the delivery of the imported goods at the place of importation; and (c) Cost of insurance. Under Rule 9(3) it has been stated that the additions to the price actually paid or payable shall be made under this rule on the basis of objective and quantifiable data. Thereafter under Rule 9(4) there is a refrain namely, no addition shall be made to the price actually paid or payable in determining the value of the imported goods except as provided for in this rule. We observe this refrain in Rule 9(4) is very significant. Due regard has to be give ..... X X X X Extracts X X X X X X X X Extracts X X X X
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