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2017 (12) TMI 1386

Valuation of imported goods - actual import - whether the assessment is to be made based on the transaction value actually agreed and paid by the importer on the contracted quantity or based on the quantity actually received and cleared from the shore tanks? - Held that: - the issue involved in the present case is no more res integra and has been settled by the Hon’ble Apex Court in the appellant's own case Mangalore Refinery And Petrochemicals Ltd. Versus Commissioner of Customs, Mangalore [201 .....

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f convenience, the facts of appeal No.648/2009 are taken. The appellants have an oil refinery at the above referred address in Mangalore where crude oil is refined and diverse kind of petroleum products are manufactured. They import crude for the above purposes and store them in the storage tanks approved under Section 58 of the Customs Act, 1962. The appellants had imported crude oil and filed into Bond Bills of Entry in respect of 26 CRs as listed in the Order-in-Original No.2/08 supra and 6 C .....

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/2006 dated 6.2.2006 read with CBEC Circular No.6/2006 dated 12.1.2006, wherein it has been held that where Customs duty is leviable on advalorem basis, in respect of liquid cargo, the assessment was to be done based on transaction value at the Bill of Lading quantity. However, the appellants had cleared part of the shore tank quantity mentioned in Cargo Intake Certificate (CIC) under Advance License debiting CIF value and balance quantity was cleared on payment duty in respect of all the CRs me .....

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the Hon ble Supreme Court in the appellant s own case. He further submitted that the issue involved in the present case is no more res integra and has been settled by the Hon ble Apex Court in the appellant s own case, which is reported in 2015 (323) E.L.T. 433 (S.C.) and with regard to Demurrage charges, he relied upon the decision rendered in the case of IOCL vs. CCE: 2017 (347) ETL 611, wherein it has been held that demurrage charges not includible in assessable value of imported goods. 6. T .....

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01 as per CBEC Circular No.26/2006 dated 26.9.2006. The appellant had also disputed the method adopted for determining shore tank receipt quantity as no deduction is allowed to free water content while calculating the shore tank quantity of crude oil which caused accounting problems as there is a difference in the appellant s calculation and the department s calculation. Since all the issues cited supra have been settled by the apex court in the appellant s own case by the decision cited supra, .....

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