New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (1) TMI 325 - SUPREME COURT

2016 (1) TMI 325 - SUPREME COURT - 2015 (325) E.L.T. 214 (SC) - 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 admitt .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rder per : A.K. Sikri, J.]. - The short issue which is involved 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. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of M/s. HPCL and M/s. NOCIL, wherein it was held that customs duty 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ls. That issue has been raised in other batch of appeals, which 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 c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version