TMI Blog2011 (3) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 14 of Customs Act, 1962 - Appeal is allowed - C/712/2006 - A/917/2011-WZB/AHD, - Dated:- 25-3-2011 - Ms. Archana Wadhwa, Dr. P. Babu, JJ. Shri Rahul, Advocate, for the Appellant. Shri R.S. Sangia, SDR, for the Respondent. [Order per : P. Babu, Member (T)]. This is an appeal filed by M/s. Priya Blue Industies Pvt. Ltd., Bhavnagar engaged in the business of ship breaking at Alang against the Order-in-Appeal of Commissioner of Customs, Jamnagar. 2. The appellants imported a vessel for breaking under Chapter 8908 of Customs Tariff Act and entered into MOA with seller of vessel, Lust Voyage INC, UK for aggregate price of USD 6,956,586. The MOA was subsequently amended. On importation, they filed a Bill of Entry. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellants, in their appeal contended that the CIF value declared in Bill of Entry was the transaction value under Rule 3 and this value declared by the appellant is supported by agreement dt. 17-1-00, which makes it clear that the costs for the local tugs provided for assistance are to the account of the seller and beaching of the vessel was solely the seller s responsibility. It was also submitted that the CIF value agreed included the expenses and represented the transaction value and no amount over and above this value is payable by the appellant to the seller. In support, they argued that this was evident from the correspondence entered into by the appellant with the seller. The expenses towards DTA were paid by the appellant on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r notice of readiness tendered to the BUYER. However, beaching of the vessel will be solely at the risk and cost of the BUYER. 6. Reading of these two clauses makes it clear that beaching of the vessel was the responsibility of the seller and all amounts to be paid on that account were to be borne by the seller. Logically, the said delivery of the vessel has to be along with beaching. It is also seen that the buyers had reimbursed all expenses relating to the beaching to the seller. Going by the facts of the case submitted before us, we find that the contract price is for delivery at the time and place of importation and inclusive of all costs, charges and expenses to be incurred or actually incurred by the seller for effecting the deliv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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