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C.C.E., Mangalore Versus Mangalore Refinery & Petrochemicals Ltd.

2016 (1) TMI 325 - SUPREME COURT

Valuation of imported goods - whether ship demurrage charges paid on the import of the goods are to be included in the assessable value of the goods imported for customs duty purposes - during this period the goods could not be cleared - Held that:- it is not even necessary to go into the various nuances of the matter as we are of the opinion that these appeals are bound to fail on one simple ground. The demurrage charges are admittedly incurred after the goods reached at Indian ports and, there .....

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in these appeals is as to whether ship demurrage charges paid by the respondent/importer (hereinafter referred to as the assessee ) on the import of the goods are to be included in the assessable value of the goods imported for customs duty purposes. In order to decide this issue, facts can be taken from Civil Appeal Nos. 2691-2728 of 2009. 2. The assessee in these appeals is M/s. Mangalore Refinery and Petrochemicals Limited. It had imported 94204.425 MTs (ullage quantity measurement of ve .....

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uty should be levied on the quantity that is pumped into the shore tanks in terms of Board s Circular No. 96/2002, dated December 27, 2002. The shore tank quantity of Crude Oil is considered as the relevant quantity for the purpose of assessment. On scrutiny of the documents filed by the assessee, it was found that Bill of Lading quantity was taken as the Cost & Freight (FOB) component of the relevant value for assessment as per Section 14 of the Customs Act, 1962. Therefore, irrespective of .....

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we have heard today and judgment is reserved. 4. Insofar as issue involved in these appeals is concerned, we may point out that during this period the goods could not be cleared and it was observed that the assessee had paid demurrage charges of ₹ 6,48,094.93 among other fees/charges. As per the Revenue/appellant, these demurrage charges were also to be included in the assessable value for the purpose of levy of duty of customs. Show-cause notice dated June 9, 2003 was issued in this .....

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