9911796707
TMI Blog2014 (8) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... aran for 1st respondent JUDGMENT (Delivered by R. Sudhakar,J.) The Revenue has filed this appeal aggrieved against the Final Order No.771 to 775 of 2003, dated 23.9.2003, passed by the Customs, Excise and Service Tax Appellate Tribunal (for brevity, the Tribunal) and the same was admitted on the following substantial question of law: Whether the finding of the Tribunal that the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lier circular issued by the Board of Central Excise in F.No.467/21/89-Cus.V, dated 14.8.1991, wherein it was held that demurrage charges and despatch money may not form a part of the assessable value, and the subsequent circular No.14/2001-Cus, dated 2.3.2001, which states that demurrage charges and despatch money are required to be added to the assessable value, held that the order of the Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 257 (SC) and it has also been held in paragraph (12) of the said decision as under: 12. The principles laid down by all these decisions are: (1) Although a circular is not binding on a Court or an assessee, it is not open to the Revenue to raise the contention that is contrary to a binding circular by the Board. When a circular remains in operation, the Revenue is bound by it and cannot be allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessable value. In the light of the decision of the Supreme Court in Indian Oil Corporation Ltd. case, referred to supra, the Department cannot be permitted to take a stand contrary to the instructions of the Board.
For the foregoing reasons, this appeal is dismissed and the substantial question of law is answered against the Revenue. No costs. X X X X Extracts X X X X X X X X Extracts X X X X
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