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2014 (5) TMI 329

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..... sessable value has to be worked out based on USD existing on date of filing the Bill of Entry to which the Insurance, LC Charges and Margin as shown in the final invoice have to be added - Insurance and LC Charges are shown in terms of USD that also to be added as on the date of filing the Bill of Entry and if not, as on the date of filing of final invoice - Actual margin charged in terms of Indian Rupees has to be added to the assessable value – Decided in favour of assesse. - C/51/1998 - Final Order No. 25594/2013 - Dated:- 27-6-2013 - Shri B.S.V. Murthy, Member (T) and Dr. D.M. Misra, Member (J) Shri Kurian Thomas, Advocate, for the Appellant. Ms. Sabrina Cano, Superintendent (AR), for the Respondent. ORDER Appella .....

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..... or the balance duty, if any, found payable at the time of finalisation of the bond. 3. The department, however, took the view that insofar as the appellant was making payments to MMTC for the imports at a later date on the basis of a revised invoice issued by MMTC to the appellant, the value shown in the later invoice must be taken to be the transaction value for the purpose of assessment to Customs duty. Accordingly, proceedings were initiated which culminated in confirmation of demand for differential duty of Rs. 39,35,994/-. 4. Learned counsel for appellant submitted that appellant while filing the Bill of Entry had informed the department that MMTC was selling the imported goods to them at the price in terms of USD paid by them to .....

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..... l Invoice USD 399.75 399.75 Exchange Rate 19.62 26.36 7843.10 10537.41 Interest 527.00 Insurance 38.00 38.00 LC Charges 28.00 28.00 Margin 62.00 83.00 Total 7921.10 11213.41 Rounded to 7971.00 11213.00 From the above extract, it can be seen that the v .....

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