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2017 (5) TMI 801

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..... y included in the assessable value - Held that: - the matter is covered by the judgment of Hon'ble Supreme Court in the case of Coromandal Fertilzers Ltd Vs Collector of Customs [1999 (12) TMI 59 - SUPREME COURT OF INDIA], where it was held that landing charges cover the totality of all that an importer expends to bring imported goods to land - these charges not required to be included in assessab .....

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..... facts are that: i) The respondent viz. M/s Reliance Industries Ltd (M/s RIL) imported various consignments of petroleum crude oil for which Bills of Entry were assessed provisionally under the provisions of Section 18(1) of Customs Act, 1962, for want of certain documents like final invoice, original Bill of Lading, freight, insurance, test report etc. ii) At the time of final assessment, .....

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..... ed goods for the purpose of assessment of Customs duty, cannot be included in the assessable value. v) Therefore, the Revenue is in appeal before the Tribunal. 3. With the background of above facts, both sides represented by learned counsels, Shri L. Patra for the Revenue and Shri J.C. Patel, for the Respondent, have been heard. 4. After going through the facts on record and the submi .....

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..... toms authorities assessed the landing charges that the appellants incurred at 1.4 per cant of the CIF value of the goods. There Is no. objection by the appellants to this. It is not the case that such percentage exceeds the costs in this behalf that they have. actuary Incurred and that they should get a refund. What they do contend is that the 1.4 per cent landing charges represent all that they h .....

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..... in the case of Coromandal Fertilzers Ltd Vs Collector of Customs (supra) has been followed. 5. In the light of observations of Hon'ble Apex Court (supra) and following the decisions (supra) of the Hon'ble Apex Court and the Tribunal, both the appeals filed by the Revenue deserve dismissal. Consequently, the impugned order is sustained and the appeals are dismissed as without mer .....

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